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HomeMy WebLinkAboutSelect Electric, Inc. - 2019-05-20 (2)(Name) (Date) • CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: ` iUne, 27. 26 SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty -Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other (Company '73200 S7 J3a QZ57 Re: Tract No. Approved CC No. Agenda --Item No. MSC No. City Clerk Vault No. 6-1-20119 (Council Approval Date) ! /— ` /9S1a 6e&0. SO Other No. SIRE System ID No. 5-3703 SI g:/forms/bond transmittal to treasurer FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Select Electric, Inc. FOR The Traffic Signal Interconnect, CC-1494 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Select Electric, Inc. , a California Corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation of traffic signal interconnect conduit and cable on Newland Street in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action SF17:17-5732/158097/Call'r,ms-Federal Crnttract 6/17 of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 2 SFF:17-5732/158097/Caffrmis-Federal Contract 6/17 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The edition of Standard Specifications for Public Works Consmiction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addenda applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders, the CONTRACTOR's proposal, (attached as Exhibit "A"), and, the Federal Requirements from FHWA 1273 (attached as Exhibit "B"); and F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or 3 SFF:17-5732/158(W)7/Cal"frans-Federal Contract 6/17 adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sutra not to exceed Three Hundred Eight Thousand, Eight Hundred Three Dollars ($ 308,803 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within forty ( 40 ) consecutive working days from the day the Notice to Proceed is issued by CITY, excluding delays provided for in this Agreement. 5. TIME. OF THE ESSENCE The parties hereto recolmize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conforrnance with the progress schedule set forth in the 4 SF17:17-5732/15801)7/CalTrans-1=ederal Contract 6/17 Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 5 SPP:17-5732/158097/Cal'l'rmis-1=ederal Contract 6/17 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done tinder this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or 6 SIT: 17-5732/158U97/Call'rans-Federal Contract 6/17 items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood acid agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars (S 500 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to 7 SF17:17-5732/158097/Call'rmis-17ederal Contract 6/17 CONTRACTOR hereunder. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy; fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless CITY shall grant a further period of time), notify CITY in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of CITY shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by 8 SFF:17-5732/15&)97/Cat7"runs-Federal Coiaract 6/17 other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4 (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical 9 S1717:17-5732/158097/Ca1T'rans-Federal Contract 6/17 conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or its written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the DPW may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the DPW fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or H SFF:17-5732/158097/CalTrans-Federal Contract 6/17 within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Dernand remains in dispute, the CONTRACTOR may file a claim with the CITY as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities SFF:17-573211580971CalTrmis-Federal Contract 6/17 used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by 12 SI=17:17-5732/158097/CalTrarts-17ederat Contract 6/17 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any trronies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with CITY its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in fitll and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and 13 SIT: 17-5732/158097/CalTrans-Federal Contract 6/17 against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. 14 SI-1':17-5732/158097/CalTruis-17ederal Contnict 6/17 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This pulicy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention 15 SIT: 17-5732/159097/CalTrmis-1=ederal Contract 6/17 without the express written consent of CITY; however, an insurance policy "deductible" of $5,000.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. prornise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected 16 SFF:17-5732/158097/Call'rmis-Federal Contract 6/17 and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DISADVANTAGED BUSINESS ENTERPRISES. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. CONTRACTOR shall carry out applicable requirements of Part 26 of Title 49 of the Code of Federal Regulations in the award and administration of this Agreement, which has received funding assistance from the United States Department of Transportation. Failure by CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the CITY deems appropriate. 23. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee- B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by 17 SIP:17-5732/158097/Cal7'ran-Federal Contract 6/17 CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 24. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 el seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor emploved by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section IS 13, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 25. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. M. SFF:17-5732/158097/CalTr�ms-Federal Contract 6/17 26. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 27. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 28. FEDERAL PARTICIPATION Because the United States of America is providing funding for the PROJECT, CONTRACTOR shall comply with the following Federal Statutes and Regulations: A. Attached at Exhibit "B" is FHWA Form 1273, which describes required Federal contract provisions which CONTRACTOR shall perform. Additionally, CONTRACTOR shall incorporate Form 1273 into each of CONTRACTOR's subcontracts for the PROJECT, and further require each subcontractor to incorporate Form 1273 in any lower tier subcontract or purchase order. B. Pursuant to the Federal Cargo Preference Act (46 CFR Part 381), the CONTRACTOR agrees: 19 SFF:17-5732/158097/CalTtvis-Federal Contract 6/17 (1) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (B) (1) of this Section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. CONTRACTOR shall incorporate Section 28(B) of this Agreement into each subcontract, and further require each subcontractor to incorporate Section 27(B) of this Agreement in in any lower tier subcontract or purchase order. C. Pursuant to the Buy America Act, CONTRACTOR agrees: (1) Furnish steel and iron materials to be incorporated in the PROJECT that was melted and manufactured in the United States except: a. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials b. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the United States may be used if authorized 20 SFF:17-5732!158097/Caffrwms-Federal Contract 61117 (2) Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. (3) To incorporate Section 28(C) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. D. Pursuant to Section 402 of the Vietnam Era Veterans Readjustment Act of 1974 (38 USC Section 219 et sey.), CONTRACTOR agrees: (1) To prohibit job discrimination and require affirmative action to comply and advance in employment to (1) qualified Vietnam veterans during the first four (4) years after their discharge, and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. (2) To incorporate Section 28(D) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. 29. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. 21 SIT:17-5732/158097/CalTrans-Federal Contract 6/17 B. The CONTRACTOR agrees to comply with all of the requirements of Section 306 of the Clean Air Act and section 508 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 30. NOTICE OF THIRD -PARTY CLAIM Pursuant to Public Contracts Code§9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such 22 51-'17:17-5732/158097/CalTrans-Federal Cowi-act 6/17 default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 32 and any damages shall be assessed as set forth in Section 32. 32. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 33, DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23 SIT: 17-573211580)7iCal7'rans-Federal contract 6/17 34. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 35. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 36. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 37. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: 24 S1=17:17-5732/159097/Cal"frans-Federal Contract 6/17 TO CITY: City of Huntington Beach ATTN: Joe Fuentes 2000 Main Street Huntington Beach, CA 92648 38. SECTION HEADINGS TO CONTRACTOR: Select Electric, Inc. ATTN: Jeremy Coriale 2790 Business Park Dr Vista, CA, 92081 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 39. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification. 40. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 25 SFF:17-5732/158t1<)7/Cal'l'rmis-Federal Contract 6/17 41. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 42. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 43. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26 Sl'1':17-5732/158097/CalTrans-Federal Contract 6/17 44. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 45. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 46. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 el seq. 47. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 48. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties_ No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann's length negotiations, and that each has had the 27 SF17:17-5732/158097/CalTrans-Federal Contract 6/17 opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through t}teir authorized oflicers on May 24th , 2019 . !lrNXTT" A !19rlIT print name ITS: (circle one) Chainna residen Vice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk 4/ Q /1j k INITIATED ND APPROVED: A By: / Director o ublic Works Sam In it ll 11al l le IT circle one) Secretary/Chief Financial Officer sst ccrcta Treasurer 28 REVIEWED AND APPROVED: APPROVED AS SFF:17-5732/158097/CalTrans-Federal Contract 6/17 EXHIBIT A (Contractor's Proposal) 29 SIT:17-5732/158097/CalTrmis-Federal Contract 6/17 EXHIBIT B (Required Contract Provision For All Federal Aid Construction Contracts FHWA 1273) 30 S1,F:17-5732/158(M/CalTrmis-Federal Contract 6/17 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM, Select Electric,Inc. PRc��i cT: Traffic Signal Interconnect (Contractor Name) C C-1494 2790 Business Park Dr. (Street Address) -Vista, CA. 92081 (City, State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorserent CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington [leach CClty) and the above -named Contractor (" Contractor') for the above -described project ("Project"). I declare under penalty of perjury under the laws of the $Cate of California that the above statement Is true and correct Signed on.. May 30th Zola at Vista, CA. (Date) (Clty, state) (Signature of Individual Who Is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed OperaeonS Insurance In compliance vdth the Insurance requirements of the Contract for the Project Said Insurance shah be maintalned through and until the elgkation of all Warranit s; provided by Contractor, said insurance shall contain Additional Insured Endorsement CG 2010 1185, narniing C4 as an additional insured, Contractor shay supply to City, on at least an annual basis, a Ceittficate of insurance and the aforemenBoned Endorsement evidencing continued coverage wNch meets the Contract requirements. signed on May 30th 20 at Vista, CA. (Date) (City, ate) CONTRAMR: Name: Select ctri , Inc. tla on e Title; in1V1a Page 1 of 2 JR� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ,_..� 06/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Insurance Services of California, Inc. _ NAME:PHONE ' 1-877-945-7378 FAX 1-888-467-2378 o. EzU• _ Nol: c/o 26 Century Blvd P.O. Box 305191 E-MAIL cestificatea@willis.com ADDRESS, Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC _ INSURERA: Starr Indemnity 6 Liability Company 39318 INSURED Select Electric Inc. INSURER B- INSURER C: 2790 Business Park Drive Vista, CA 92081 INSURER D - INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: W11550730 DwIclnKi AnteaDDD. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SU8R - ." - _ LTR TYPE OF INSURANCEINSD WVOPOLICY NUMBER MMIDDY/YEYYY MMIDDY� LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS EACH OCCURRENCE $ 1,000,000 -MADE OCCUR P EM SES Ea occur ante $ 100,000 $ 5,000 A M_ EXP (Any one person) .. __ _ED PERSONAL & ADV INJURY $ 1,000,000 y 1000025467181 10/31/2018 10/31/2019 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L PRO- POLICY LOC L " 1 JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED y ��pppp{{��[(����((F� SiSIPCA067/7MAS TO WATT BODILY INJURY Per accident ( ) $ AUTOS ONLY AUTOS /2D1B 10/11/2019 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ PROPERTY DAMAGE Per arcident) 13y: $ UMBRELLA LIAR _ OCCUR CITY ATTORN EACHO__CCURRENCE $ EXCESS LIAR CLAIMS -MADE CITY 4F HUNTfNGT N I5FACH _ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION _ X STATUTE AND EMPLOYERS' LIABILITY ,/ / N EERH E.L. EACH ACCIDENT EACH $ 1,000,000 A I ANYPROPRIETORIPARTNERIEXECUTIVE No N/A Y OFFICER/MEMBER EXCLUDED? 1000001270 10/31/2010 10/31/2019 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatorym NH If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below 7 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 05/24/2019 WITH ID: W11337486. MEI Company Job Number: 3449 Re: Traffic Signal Interconnect on Newland St from Ellis Ave to Warner Ave, Project # CC-1494 GANI:tLLA 1 IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 200 Main St. AUTHORIZED REPRESENTATIVE PO Box 190 �L Huntington, CA 92648 IJ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 18056947 13ATCH: 1227371 AGENCY CUSTOMER ID: LOC M ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Select Electric Inc. Willis insurance Services of California, Inc. 2790 Business Park Drive POLICY NUMBER Vista, CA 92081 See Page 1 CARRIER NAIC COD£ See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of Liability Insurance The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which maybe purchased by Additional Insureds. Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law. Contractual Liability is included under General Liability coverage. ACORD 101 (2008101) W CUUo M%'Ur%u The ACORD name and logo are registered marks of ACORD SR Ip: 18056947 BATCH: 1227371 CERT: W11550730 Select Electric, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 1000025467181 CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organ ization(s): The City of Huntington Beach, its officers, elected or Where required by written contract. appointed officials employees, agents and volunteers C,_ Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Select Electric, Inc. POLICY NUMBER: 1000025467181 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations 7Fe-C-ify—oTHuntington Beach, its officers, elected or Where required by written contract. appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non -Contributory Condition Policy Number: 1000025467181 Effective Date: October 31, 2018 at 12:01 A.M. Named Insured: Select Electric, Inc. This endorsement modifies insurance provided under the: .___,.. --• Commercial General Liability Coverage Part A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY Charles H. Da gelo, President r Nehemiah E. Ginsburg, Genera (CounseI OG 107 (04/11) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company, All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with Its permission. Select Electric, Inc. POLICY NUMBER: 1000025467181 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RN:1 :11111" Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: SISIPCA08277418 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Select Electric, Inc. Endorsement Effective Date: 10/31/2018 SCHEDULE Name Of Person(s) Or Organixation(s): Where required by written contract. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an 'Insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 *-- Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Early Notice of Cancellation Provided By Us Amendatory Endorsement Policy Number: SISIPCA08277418 Named Insured: Select Electric, Inc. Effective Date: 10/31/2018 at 12:01A.M. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. MOTOR CARRIER COVERAGE FORM BUSINESS AUTO COVERAGE FORM It is hereby agreed that COMMON POLICY CONDITIONS, A. Cancellation, paragraph 2. is deleted in its entirety and replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. (10 )* days before the effective date of cancellation if we cancel for nonpayment of premium; or b. (60 )* days before the effective date of cancellation if we cancel for any other reason. * The notice period provided shall not be less than that required by applicable state law. All other terms and conditions of this Policy remain unchanged. 1 /I- Y �/� �'� * �' .% = � ,�ll•N tra�.rcc �. L . i�� �'1 i41�Y1'� Charles H. Dangelo, resident Nehemiah E. Ginsburg, General Counsel SICA 1028 (11115) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -0% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by contract Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which It Is attached and Is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/31 /2018 Insured: Select Electric, Inc. Insurance Company: WC 04 03 06 (Ed. 04-84) Pollcy No.: 10 0001270 Endorsement No.: Premium: Countersigned by: Page 1 of 1 A MEMBER OF STARR COMPANIES Dallas, TX 1-866-519-2522 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 18 (Ed. 4-15) AMENDMENT — 30 DAY NOTICE OF CANCELLATION FOR THIRD PARTIES We agree to give thirty (30) days' notice of cancellation to the following certificate holder(s) in the event that we cancel the policy for any reason other than non-payment of premium: srtur=nt ii r- We will endeavor to provide advice of cancellation (the "Advice") to the certificate holders listed in the schedule by e-mail. Certificate holders include only those entities for which thirty (30) days' notice of cancellation is required by an "insured contract" but only with respect to an entity for which you are directly or indirectly performing your work. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such Advice will neither extend the policy cancellation nor negate cancellation of the policy; nor will such failure result in obligation or liability of any kind upon us, our agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation. This endorsement changes the policy to which It Is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective: 10/31/2018 Policy No.: 100 0001270 Endorsement No.: Insured: Select Electric, Inc. Premium: Insurance Company: Starr Indemnity & Liability Company Countersigned by: WC 99 06 18 (Ed. 4-15) Copyright 0 Starr Indemnity & Liability Company. All rights reserved. Page 1 of 1 Executed in Duplicate Bond Number: 9320357Premium: $2,362.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has, by written agreement dated , 2019, entered into a contract with Select Electric Inc. 2790 Business Park Drive Vista CA 92081 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: The Traffic Signal Interconnect, CC-1494 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Eight Thousand Eight Hundred Three and 00/100 Dollars ($ 308 803.00 __), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees') fromany and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees t 5-45841 i 7174 Bond No. 9320357 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its goveming body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May24, 2019 ATTEST Select Electric, Inc. (Corporate Seal) : rin ' al Name} By Nam.,( Title: ¢Q�Cy�tq�iNt ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) �{(Surety Name) By: Name: He e Saltarelli, Attorney: ct (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 2"13) 270-0715 (Area Code & Telephone Number for Surety) APPROVED AS TO Fpf%f By: r Michael E. Gates, City Attorney �s Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On MAY 2 4 2019 before me, Lekim H. Luu, Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(W whose name(} is/ace: subscribed to the within instrument and acknowledged to me that he/she/t executed the same in his/her/their authorized capacity(W, and that by his/her/tk$ir signature(o on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand an official seal. Commission .1. 2135634 a �s Notary Public - California z �y' Orange County � Signature My Comm. Expire,-- 9 ' Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ _ Corporate Officer — Title(s): _ Partner — ; � Limited : General Individual X Attorney in Fact] Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ! Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org-1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 5/30/19 Before me, Diana L. Owens NAME Personally appeared Jeremy Coriale NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ..�. and that by his/her/their signature(s) on the instrument the DIANA L. OwEHS erson s , or the entity upon behalf of which theperson(s) Notary Public -California � p � Y p . ' Los Angeirs County acted, executed the instrument. F Commission M 2240976 My Ccmm. Expires May 3, 2022 I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IVI�TNESSZmy han nd :official seal. (SIG ATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 1 ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) 5/24/19 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D. 2019. ��,i tNS�e+y,, s� o[rpy.� GreWt�y b„ rase iiar q Ulm SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President L_ -IL 4 Vz"66)\_ By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of February, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dann, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of MAY 24 2019 , sW4ggAL s :x ;0: JM - •,�j~•`*�.a�� � ANC By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 Bond Number: 9320357 Executed in Duplicate Premium: Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to Select Electric, Inc. 2790 Business Park Drive Vista CA 92081 (name and address of Contractor) ereinafter referred to as "Principal"), a contract ('Contract") for the work described as follows: (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, rnaterialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable, and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196-1056 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Eight Thousand Eight Hundred Three and 00/100 dollars ($ 308,803.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Pate 1 of 2 I -4584ii I7357 PAYMENT BOND Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 24, 2019 ATTEST Select Electric, Inc. (Corporate Seal) Qnnpal Name) 4Na Title: �(L�fQEnlf ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) (Surety Name) By: �AZW-M � �W", Name: Heather Saltarelli. Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (Z31 270-0715 (Area Code & Telephone Number for Surety) APPROVED AS By: E. Gates,"t ity7Attorney t Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page 2 of 2 15-4584/117357 PAYMENT BOI\TD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 5/30/19 Before me, Diana L. Owens NAME Personally appeared Jeremy Coriale NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DIANA L. OWENS personUs, or the entity upon behalf of which the person(s) Notary Public . California acted, executed the instrument. Los Anteies County >; Commission N 2240976 My Comm. Expires May 3, 2022 I, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W1TNESS my hand pnd official seal. \V (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 5/24/19 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 111 v..rl Tt TfITt Tt.T -Tt!R Tt�TNTtyT ,Ttl a\L!s�N a\L :\ :�ts�t^: L•:�t':.:':�t'.�C+:\t^s':t/i.. W t�t.tatit..:f :n e.fs�N�. t+i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange } Lekim H. Luu, Notary Public On MAY 2 4 2019 before me, Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(* is/ace subscribed to the within instrument and acknowledged to me that he/she/t% executed the same in his/her/their authorized capacity(iW), and that by his/her/their signature(s) on the instrument the person(lo, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial seal. LEKIM H. LUU Commission # 2135634 Signature _ a -'Y=•� Notary Public California ____ _ Signature of Notary Public �� Orange County 3> My Comm. Expires Dec 3, 2C' Place Notary Seal Above OPT 0NAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — .' Limited I General Individual X Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing. Signer's Name: Corporate Officer — Title(s): Partner — Limited I General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of February, A.D. 2019. GPyi iNSIII�A � O[�p i tOc �O` 3 SEAL �''� ~N*�~*• oo IUN ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 6th day of February, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public M Commission Expires: Jul 9, 2019 Y P Y EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of MAY 9 d 20 SEAL s :xi 105 'U j -•,..... •• * i ✓tom `alp" , a (// HtlL6_� By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaimsgzurichna.com 800-626-4577 Bid Bond CONTRACTOR: (Name, legal status and address) Select Electric, Inc. 2790 Business Park Drive Vista, CA 92081 OWNER: (Name, legal stales and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BOND AMOUNT: 10% Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Name, legal status and principal place e f bu ine s) Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 Mailing Address for Notices 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056, Ten Percent of Amount Bid This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (Name, location or address. ardl'rojectnumber,. ijaltj Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to Warner Avenue The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their licirs, executors, administrators, successors and assigns jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the (honer in accordance with the terms of such bid, mid gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perIbmi the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full three and ellect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver oI'notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time Ibr acceptance ol'bids speciled in the bid documents, and the Owner and Contractor shall obtain the Surety's consent Ibr an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been tarnished to comply with a statutory or other legal requirement in the location of llie project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herelronl and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 13th day of February, 2019. i! Tess) (iflines. eri Apodaca S-0054/AS 8/10 ill (seal) (Fw) j�rem Sri ate Nresi ��nt �9 l�fPos` Fidelity and Deposit Company of Maryland (Smre)y (Sea BrVOAV/1 ( (akk-w'�' W I V' (Ti/le) Heather Saltarelli , Attorney -in -Fact CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVIL i♦ c�Ns:rr� - :.ayst.iu i, rt�r:c.rt.r rc�i: w<-re.rt�' r� Nc�Ksir�:�:�s�cr : t.:.r.::t!s�t!::N•..:�-..• s�c�rNat�aNr w.�:.t•s�<. a.ev. ...<!.+e! A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On FEB 13 2019 before me, Rhonda Carlyn Abel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that Wshe/3my executed the same in his/her/VhU authorized capacity(kx), and that by lkis/her/fttf signature(6) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RHONDACARLYNA"' ., NotaryPublic- California Or;jngv County Commission # 2222050 ( i.; /r % ^ My Comm. Ezpiras Dec 14, 2021 Signature Signature of Nota Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): _ Partner — F Limited "General Individual X Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — __:' Limited General ! Individual Attorney in Fact ; Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association t www.NationalNotary.org t 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA• r • ee�e!cc!aeceeeeecec! ece!�ec!ceee.:e ;cceee�e! ecetcece::ec�..eereeeee!�e. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of / p ) On oCr�-/ `t - 1 / before me // `. ✓"CI l e � ��l/� Date 601-1tje_ Here Insert Na a and Title of Officer personally appeared ( 7e_4 / Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •,, JOLENE MARIE ARISPE Notary Public - California San Diego County Commission # 2251673 r ' "°`• My Comm. Expires Jul 29, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Signature of Not ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint James A. SCHALLER, Mike PARIZINO, Rachelle RHEAULT, Rhonda C. ABEL, Kim LUU, Jeri APODACA and Heather SALTARELLI, all of Newport Beach, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of October, A.D. 2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND G�IL>i w o��oy. .•GPI INS(�4"a o � SKALD o ern �^ Pe:0 INS a i F Assistant Secretary Vice President Dawn E. Brown David McVicker State of Maryland County of Baltimore On this 16th day of October, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID MCVICKER, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ; Il l\ 1 . It �•......I �i� 1111111111``` Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 012-9310Q EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of FEB 13 9f11q , 20• a iA. SISAL --3z*ft� e6--� Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 kxftl T- 'A' SECTION C PROPOSAL for the construction of Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to Warner Avenue CC No. 1494 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefore, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find R. c(JdPxs INxN,�;t in the amount of ? W . 3D which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Adde idallo. Dale Received Bidder's Si nature SECTION C PROJECT BID SCHEDULE A CC-1494, HSIPL-5181(186) TRAFFIC SIGNAL INTERCONNECT CONDUIT INSTALLATION ON NEWLAND STREET FROM ELLIS AVENUE TO 'WARNER AVENUE BID ITEMS Item ' ;-Aesc7r�pt!on ; =. ` Quantity Un'f 7Jtit Cost Total Gost .. 1 Mobilization 1 LS $ -1 $ 8q 1 q 2 Furnish Project Traffic Control 1 LS $ 3 Preparation of Water Pollution Control Plan (WPCP) 1 LS $ p� 4 Installation of Maintenance of BMP's per the approved WPCP 1 LS $184? $ L.f 4 5 Furnish and install 96 SMFO cable trunk line with mule tape and #10 AWG tracer wire. 7804 LF $ 3 $ _23t y'bc) 6 Furnish and install 12 SMFO drop cable with mule tape and #10 AWG tracer wire through new and existing conduits. 223 LF '- $ � � ��� $ -�-� 7 Furnish and install new #6 pull box complete with new fiber optic splice enclosure. 5 EA $ 8 Furnish and install new #6 pull box complete (excludes pull boxes installed in Item Number 7). 20 EA $ 551 $ aC) 31�� Furnish and install fiber switch complete with power supply in 9 existing controller cabinet. Furnish and install fiber termination 3 EA unit complete with one 12-fiber SC connector panel and SC - SC duplex fiber jumpers complete. $5a(PD. $ 115 � Furnish and install Ethernet network controller card in existing 10 model 170E controller unit complete with CAT-5E cable for to Ethemet fiber 3 EA (oat $ (oa t $ 1811,3 connection switch. 11 Install 2" schedule 40 PVC conduit. Conduit sweeps in pull box per plan. 8003 LF Fusion splice new 96 SMFO trunk line cable to existing 96 12 SMFO trunk line cable along Warner Avenue. See "Details Fiber Assignments" 1 LS $ and sheet. _4 W 13 Remove and salvage existing Yagi antenna complete and from 1 LS $ pul $ 10 wl existing coax cable existing conduits. 14 Furnish and Install Fiber Rack Switch at Newland Street and Wamer Avenue. See Construction Note 10, Sheet 5 of 6. 1 LS $ SUB -TOTAL BID AMOUNT — SCHEDULE A $ 308 ?03 C-2.1 SECTION C PROJECT BID SCHEDULE A CC-1494, HSIPL-5181(1.86) TRAFFIC SIGNAL INTERCONNECT CONDUIT INSTALLATION ON NEWLAND STREET FROM ELLIS AVENUE TO WARNER AVENUE BID AMOUNT•-D 1. .n!► Note: Refer to Section 9, Measure and Payment for description of each Item on Bid Schedule. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. 0 C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Md Name and Address of State Class PIR PWC Dollar % of Items} Subcontractor Lrense: Registration # Amount. Contract Number Igo � E By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. Z. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2/18/1 at Cerritos , CA Date City State Jeremy Coriale , being first duly sworn, deposes and says that he or she is President of Select Electric Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 2790 Business Park Dr. Vista, CA. 92081 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to Warner Avenue, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. President Title Date: 2/18/2019 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. President Title Date: 2/18/2019 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Select Electric, Inc. Bidder Name 2790 Business Park Dr. Business Address Vista CA 92081 City, State Zip ( 619 ) 460-6060 estimating@selectelectricinc.com Telephone Number Email Address 297034 - A, B, C-7, C-10 State Contractor's License No. and Class 08/09/1974 Original Date Issued 10/31 /2020 Expiration Date The work site was inspected by Landon Smith 20101. of our office on, a1 la The following are persons, firms, and corporations having a principal interest in this proposal: Select Electric, Inc. Jeremv Coriale, President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Jeremy Coriale Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me thisl_a hday of February , 201 9. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On February 18th 2019 before me, Diana Owens Month, Day, and Year Insert Name and Title of Notary personally appeared Jeremy Coriale Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DIANA L. OWENS 1 640' Notary Pwwr - California Los Angeles County > Commission # 2240976 My Comm. Expires May 3, 2022 Signature, of Notary Public (PLACE NOTARY SEAL ABOVE) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 2/18/19 Before me, Diana L. Owens NAME Personally appeared Jeremy Coriale NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. DIANA L. OWENS s Notary Public • California -� Los Angeles County I certifyunder PENALTY OF PERJURY under the laws of Commission # 2240976 ' My Comm. Expires May 3, zou the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd official seal. r (SIGNATUR OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DESCRIPTION OF ATTACHED DOCUMENT Bid Proposal TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES 2/18/19 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY (IES) SIGNER OTHER THAN NAMED ABOVE Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of (traffic signal conduit and the installation of fiber optic cable for traffic signal communication). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Los Angeles - 200 N. Spring St. Los Angeles, CA. 90012 Name and Address of Public Agency Name and Telephone No. of Project Manager: Max Eftekhari 951-741-3403 $2,563,285.00 Traffic Signal 10/2018 _ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal Modification, Fiber Optic, CCTV 2. County of Los Anaeles - 900 S. Fremont Ave. Alhambra. CA. 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: Fred Kheradvar 626-458-3199 $894,418.00 Traffic Signal 7/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Installation of Traffic Monitoring Systems at various locations in LA County I University of Californa 1060 Veteran Ave. PO Box 951365, Los Angeles, CA. 90095 Name and Address of Public Agency Name and Telephone No. of Project Manager: Kirk Findley 310-707-3936 $1,104,609.00 Traffic Signal 8/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CEY South & Tiverton Traffic Signal and Bike Lane C-to Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. John Beiar Name of proposed Project Manager Telephone No. of proposed Project Manager: 562-807-1860 Rebid Mission Avenue Fiber and Traffic Install Conduit and Fiber, Upgrade Traffic Signal Modifications $752,175.00 Signal Poles, Traffic Signal Modificaton 4/2018 Project Name & Contract Amount Type of Work Date Completed Wilshire Blvd BRT Traffic Signal Communications Upgrade Modification, Fiber Phase II ATSAC $2,563,285.00 Optic, CCTV 10/2018 Project Name & Contract Amount Type of Work Date Completed Upgrade Street lights, Install West Adams wire and conduit Street Lighting Improvement Project $4,283,994.00 / Traffic Signals 3/2018 Project Name & Contract Amount Type of Work Date Completed 2. Tom Meyers Name of proposed Superintendent Telephone No. of proposed Superintendent: 562-807-1860 CEY South & Tiverton Traffic Signal and Bike Lane $1,104,609.00 Traffic Signal 8/2018 Project Name & Contract Amount Type of Work Date Completed Stater Brothers Traffic Signal and Market Intersection $532,973.00 Signing & Striping 1 1/2017 Project Name & Contract Amount Type of Work Date Completed Upgrade Street lights, Install West Adams wire and conduit Street Lighting Improvement Project $4,283,994.00 / Traffic Signals 3/2018 Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https://efiling.dir.ca. gov/PWCR/ActionServiet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCRISearch.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Date: 2/18/2019 PWC Registration 4: 1000001036 Title C-12 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicahle selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Persor Contact Phone; Signed: Date: Select Electric, Inc. AghlPv Rrichin *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder X , proposed subcontractor , hereby certifies that he has -X has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. C-14 PUBLIC CONTRACT C O D E PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder , has ,, has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statemrbjecl .s part of the Proposal. Signing this Proposal on the signature portion thereof shal��aisp constitsigna�e of this Statement. Bidders are cautioned that making a false c_ ificati n mays the e0ifier to criminal prosecution. Jeremy Coriale 2/18/re Print Name Date PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes ❑ No If the answer is yes, explain the circumstances in the following space PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bi4der,s are caut^d that making a false certification may subject the certifier to criminal Jeremy Coriale 2/18/2019 Print Name Date C-16 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of Huntington Beach DEPARTMENT OF PUBLIC WORKS. In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion the r f shall also constitute signature of this Non -collusion cA davit0 Bidders �re1 caut�oped that making a false certification may subject the rtifier to imina pr sec off. Jeremy Coriale 2/18/2019 Print Name Date C-17 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false innctoin,titute non ay result in criminal prosecution or administrative sanctions. TJW a e certifiis paftheProposal. Signing this Proposal on the signature portion )fiereof s all also ature of this Certification. Jeremy Coriale 2/18/2019 Print Name Date C-18 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. C-19 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities Exhibit 10-Q Disclosure of Lobbying Activities COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ❑ Prime ❑ Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. Name and Address of Lobby Entity (If individual, last name, first name, MI) 12. 13. 15. For Material ange Only: year r /d,of last report 5. If Reporting Entity is Subawardee, Enter Name and A Prime: Coag Tonal District, if known 7. Fe I Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. 10) (last name, first name, W (atyk& Continuation Sbeet(s) if necessary) Amount of Payment (check a that apply) 14. Type of Payment (check all that apply) $ _� ❑ ac ❑planned a. retainer b. one-time fee Form of Payment eck all that apply): c. commission ❑a. cash — d. contingent fee b. in- d; specify: nature e deferred alue El f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including offreer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation 16. Continuation Sheet(s) attached: Yes ❑ IT Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than S10,000 and not more than S 100,000 for each such failure. Federal Use Only: Title: President TelephoneNo.: 619-460-6060 Date: 2/18/201 � I .t I . R — 04-2A-06 Authorized for Local Reproduction Standard Form - LLL Distribution: Orig- Local Agency Project Files C-21 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUi HONS FOR COMPLETING EDIT 10-Q DIscwsuRE OF LOBBYING AC:TIVITTEs This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U_S.C. Section 1352. The fling of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known_ Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and Ioan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e_g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 14. Check all boxes that apply_ If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal office*) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev.06-04 Page 2 LPP 13-01 May 8, 2013 Local.-. Aance Procedures Manual Ex. 12-B Bidder's List of Subcontractors (DBE and Non -DBE) Exhibit 12-B (Optional Form): Bidder's List of Subcontractors (DBE and Non -DBE) Part 1 As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts may be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: hops::'•'efiling,dir.ca..gw;`PWCR/Acl'ionSerylet?action`dic 1_yPWCRegistraticmFpnn In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information may be used by the local agency to track each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: Subcontractor Name and Location Line Item & Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts DIR Reg Number Name: 3 `r <$1 million <$5 million City, State: <$10 million <$15 million Age of Firm: yrs. Name: «Y tt + <$1 million City, State: <$5 million <$10 million <$15 million Age of Firm: _yrs. Name: <$1 million City, State: <$5 million <$10 million <$15 million Age of Firm: _ yrs. Name: - '„ <$1 million ----- City, State: <$5 million <$10 million <$15 million Age of Firm: _yrs. Name: - <$1 million City, State: <$5 million <$10 million <$15 million Age of Firm: _ _yrs. Name: < 1 million $ City, State:<$10 <$5 million million <$15 million Age of Firm: _ yrs. Distribution: Original -Local Agency File Page 1 of 2 Rev. 5/4/18 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) Exhibit 12-B (Optional Form): Bidder's List of Subcontractors (DBE and Non -DBE) Part 2 As of March 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts may be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: l�tt ss:�' efiling c�ir.ca_ ov/PWCR/Ac�tionServlet'action=disr)la .PWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information may be used by the local agency to track each sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. Federal Project Number: Subcontractor Name and Line Item & Description Subcontract Percentage of Contractor DBE DBE Cert Annual Gross Receipts Location Amount Bid Item Sub- License Number (Y/N) Number DIR Reg Number contracted Name: hIO�E <$1 million <$5 million City, State: <$10 million <$15 million u Age of Firm: _yrs. Name: 4 $ ' <$1 million <$5 million Ci State: ty, ,,� r ,' <$10 million brt <$15 million Age of Firm: _ yrs. ' Name: 1 <$1 million . <$5 million _ City, State: <$10 million E t <$15 million Age of Firm: _ yrs, Name: s <$1 million <$5 million City, State: ` <$10 million r. <$15 million Age of Firm: _ yrs, Name: < $1 million <$5 million City, State: <$10 million <$15 million h t; Age of Firm: _yrs. Name: <$1 million <$5 million City, State: }„ <$10 million <$15 million 1' 3 Age of Firm: _yrs. uistnoution: Original -Local Agency rile pq%e 2 of 2 5/4/18 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language EXHIBIT 12-G REQUIRED FEDERAL -AID CONTRACT LANGUAGE ti of Local Assistance Construction Pi-ojec*w) The following language must be incorporated into all Local Assistance Federal -aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES(DBL).....................................................................2 A. DBE COMMITMENT SUBMITTAL..................................................................................2 B. GOOD FAITH EFFORTS SUBMITTAL.............................................................................2 C. EXHIBIT 15-G - CONSTRUCTION CONTRACT DBE COMMITMENT...................................3 D. SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS.................3 E PERFORMANCE OFDISADVANTAGED BUSINESS ENTERPRISES.....................................4 2. BID OPENING.........................................................................................................................5 3. BID RIGGING..........................................................................................................................5 4. CONTRACT AWARD................................................................................................................5 5. CONTRACTOR LICENSE..........................................................................................................5 6. CHANGED CONDITIONS..........................................................................................................5 A. DIFFERING SITE CONDITION........................................................................................5 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER..................................................5 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK................................................6 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................... .......6 8. BUY ANIMICA........................................................................................................................6 FURNIS H STEEI. AND IRO N MATERIALS TO BE INC O RPORATED INTO THE WORK WITH C ERTIFICATIS O F C OMPLIANCE STEEL ANDIRON MATERIAI S MUSTBE PRODUCED IN THE U.S. EXCEPT.............................................................6 9. QUALITY ASSURANCE.............................................................................................................6 10. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.............................................7 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONTRACTS....................7 12. FEMALE AND MINORITY GOALS............................................................................................18 13. TITLE VI ASSURANCE............................................................................................................20 14. USE OF UNITED STATES -FLAG VESSELS (CARGO PREFERENCE ACT)......................................-21 15. FEDERAL TRAINEE PROGRAM. ............................................................................................... 22 I - Page 1 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Under 49 CFR 26.13(b); The contractor, subrecipient or subcontractors hall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contiactorshall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractorto carry outthese requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal, It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca. og v/hq/bep/fmd certified.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company thatperfomrs a cornrrrercially useful function as defined in 49 CFR 26.55(dXl) through (4) and (6). a. DBE Commitment Submittal Submit the Exhibit 15-G Construction Contract➢BE Commitment form, included in the Bid book If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder roust complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m on the 5th calendar day after bid opening. Other bidders do notneed to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 5 calendar days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of DBEs quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE ConmiAment form within the specified time, the Agency will find your bid nonresponsive. b. Good Faith Efforts Submittal If you have not met the DBE goal, complete and submit the DBE Information -Good Faith Efforts, Exhibit 15-H, farm with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 5th calendar day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Comn fitment form, you must also subrnit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. Page 2 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Good faith efforts documentation must include the following information and supporting documents,as necessary: 1. Items of work you have made available to DBE (inns. Identify those items of work you might otherwise perform with yourown forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, showthe dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE fires. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and otherevidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means andprovide sufficient time to allow DBBs to respond. 3. Name of selected fine and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the fum selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name- of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7. last of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, - necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractorpurchases orleases fi-om theprime contractoror its affiliate. If such assistance is provided by you, identify the name of the DBE assisted,nature ofthe assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE conmvtments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. c. Exhibit 15-G- Construction Contract DBE Commitment Complete and sign Exhibit 15-G Construction Contract DBE Convnitment included in the contractdocuments regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBEs quote serves as written confirmation. If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) and Exhibit 15-G Construction Contract DBE Commitment form unless you receive authorization for a substitution. The Agency requests the Contractorto: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each P -tier subcontractor Page 3 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language • Name and business address ofeach DBE subcontractor, DBE vendor, and DBE trucking company; regardless of tier _ -• • Date of payment and total amount paid to each business If you area DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form If a DBE is decertified before completing its work, the DBE waist notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit I7-0, form Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report— Utilization gfDisadvantagedBusinessEr2te7prises (DBE), First -Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agencywill withhold $10,000 untilthe form is submitted. The Agency releases the withhold upon subrmission of the cotmpleted form e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit 15-G Construction Contract DBE Commitment form, included in tbeBid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. 3. Work requires a contractor's license and listed DBE does not have valid license under Contractors License Law. 4. Tasted DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBFs work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension ordebarment. 7. lasted DBE becomes bankrupt or insolvent. S. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for thetype ofwork required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces ormaterial sources must include: 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from you to the DBE regarding the request. 3. Notices from the DBEs to you regarding the request. If a listed DBE is terminated or substituted, you nurstmake good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to me, the DBE goal. Page 4 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language The substitute DBE must be certified as a DBE at the tine of request for substitution Unless the Agency authorizes (1) a request to use otherforces or sources of ira.terials or (2) a good faith effort for a substitution ofa terminated DBE, the Agency does notpay for work listed on the Exhibit 15-G Construction Contract DBE Commitment form unless it is performed or supplied by the listed DBE or an authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll -fire hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT hispectorGeneral. 4. CONTRACT AWARD Ifthe Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractorfrom contract award through Contract acceptance (Public Contract Code § 10164). 6. CHANGED CONDITIONS a. Differing Site Conditions 1. During the progress ofthework, if subsurfaceor latent physical conditions are encountered at thesite differing imaterially from those indicated in the contractor if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work underthe contract,an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractorof the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractorwill be allowed unless the contractorhas provided therequired written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer 1. If the performance of all or any portion of the work is suspended ordelayed by the engineer in writing for an unreasonable period of time (notoriginally anticipated, customary, or inherent to the construction industry) and the eontractorbelieves that additional compensation and/orcontract time is dueas a result of such suspension ordelay, the contractor shall submit to the engineer vm writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the perfonTance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be noted of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractorhas submitted the request for adjustment within the time prescribed. Page 5 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 4. No contract adjustment will be allowed under this clause to the extent that performance would have been . _suspend A ordelaycd by any other cause, or for which l„ adii.is!iznent is provided or excluded. under �..ny _otherterm or conditionofthis contract. c. Significant Changes in the Character of Work I_ The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting otherwork cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The tern "significant change" shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance ofthe Notice to Proceed. This work shall be diligently prosecuted to completion before the expiration of TIN (16) WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed. The Contractor shall pay to the City/County thesumof$ per day, for each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above. 8. BUYAMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance and ce rtifie d mill to s t re ports. Mill test re ports must indicate whe re the steel and iron we re me lted and manufactured. Ste e 1 and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials j60 Fed Reg 15478 (03/24/1995)1; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: 1. Proces sing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 9. QUALITY ASSURANCE The Agency uses aQuality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Page 6 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP. 10. PROMPT PAYMENTOF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prune contractorbased on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances ofportions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement ofpayment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractorto the penalties, s anctions and otherremedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall notbe construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or s ubco ntracto r in th e event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncornpliance by a subcontractor. 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) [The following 10 pages must be physically inserted into the contract without modification] REOUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FMA-1273 -- Revised May 1, 2012 Page 7 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 1. General It. Nondiscrimination Ill.` No seyiegated Facilities - IV........Davis-Bacon and Related Act.Provisions ..... Contract Work Hours and Safety Standards Act Provisions VI. Subletting orAssigning the Contract VII. Safety: Accident Prevention Vill. False Statements Con ceming Highway Projects IX. Implementation of aeanAir Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract FundsforLobbying ATTACHMENTS A. Employment and MatedalsPreferenceforAppalachian Development Highway System orAppalachian Local Access Road Contracts (included in Appalachian contractsonly) Form FHWA-1273 must be physl cally incorporated in each construction contract funded underTitle 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excl ud Ing purchase orders, rental agreementsand other agreementsfor suppliesor services). The applicable requirementsof Form FHWA-1273 are incorporated by reference forwork done underany purchase order, rental agreement or agreement for other services The prime contractor shall be responsible forcompliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontractsand in lowertiersubcontracts(excluding subcontracts fordesign services, purchase orders, rental agreements and other agreementsforsuppliesorservices). The design-buildershall be responsible forcompliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower4i er subcontracts (excluding purchase orders, rental agreementsand other agreements forsuppli esor services related to a construction contract). Subject to the applicability criteria noted i n the following sections, these contract provisions shall apply to all workperfonned on the contract by the contractor'sown organization and with the assistance ofworkers under the contractor'simmediatesuperintendenceand to all work performed on the contract by piecework, station work or by subcontract. 3. A breach of any ofthe stipulations contained in these Required Contract Provisions maybe sufficient groumdsforwithhold ng of progress payments, withholding of final payment, termination of the contract, suspension/ debarment orany other action determined to be appropriate by the contracting agency and FHWA. 4. Selectionof Labor. During the performance ofthiscontract, the contractor shall not use convict I aborfor any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convictswho are on parole, supervised release, or probation. Theterm Federal-aidhighwaydoesnotinclude roadways functionally classified aslocal roadsorrural minorcollectom If. NONDISCRIMINATION The pw�isiorisuf thissection rclateirtu 23 CFR Pdit230 are applicable .to att.Federal-aid.contstruction.contractsand..to.a.l(.related construction . subcontracts of $10,000 ormore. The provisionsof 23 CFR Part230 are notapplicable to materialsupply, engineering, orarchitectural service contracts In addition, the contractorand all subcontractors must complywith the following policies: Executive Order 11246, 41 CFR 60,29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), TideVI of the Civil RightsAct of 1964, as amended, and related regulationsi ncluding 49 CFR Parts21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contra ctorand alIsubcontractors must comply with: the requirementsof the Equal Opportunity Clause in 41 CFR 60-1.4(b)and, for all construction contractsexceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specificationsin 41 CFR 604.3. Note: The U.S. Department of Laborhasexclusive authority to determine compliance with Executive Order11246 and the policiesof the Secretary of Laborincluding4l CFR 60, and 29 CFR 1625-1627, The contracting agency and the FHWA have the authority and the responsibility to ensure compliance withTitle 23 USC Section 140, the Rehabilitation Act of 1973, asamended (29 USC 794), and Title VI of the Civil RightsAct of 1964, asamended, and related regulations including49 CFR Parts 21,26 and 27; and 23 CFR Parts200, 230, and 633. The following provision isadopted from 23 CFR230, Appendix A, with appropri ate revi sons to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirementsnot to discriminate andto take affi rmative action to assure equal opportunity asset forth underlaws, executive orders, rules, regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and ordersof the Secretary of Laboras modified bythe provisonsprescribed herein, and imposed pursuantto 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standardsforthe contractor's project activities underthis contract. The provisionsof the Americanswith DisabilitiesAct of 1990 (42 U.S.C. 12101 etseq.)set forth under28 CFR35 and 29 CFR 1630 are incorporated by reference in thiscontract. In the execution of this contract, the contractor agreesto complywith the following minimum specific requirement activitiesof EEO: The contractorwill workwith the contracting agency and the Federal Government to ensure that it hasmade everygood faith effortto provide equal opportunitywith respect to all of itsterrnsand conditionsofemploymentand in their review of activities under the contract. The contractorwill accept as Its operating policy thefollawing statement: "It is the policyof thisCompany to assure that applicantsare employed, and that employeesare treated during employment, without regard to theirrace, religion,sex, color, national origin, age ordisability. Such action shall include: employment, upgrading, demotion, ortransfer, recruitment or recruitment advertis ng; layoff or termi nation; ratesof pay orotherformsof compensation; and selection fortraining, including apprenticeship, pre -apprenticeship, and/or on-the-jobtraining.' FHWA-1273 -- Revised May 1, 2012 Page 8 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G 2. EEO Officer: The contractor will designate and make known to the contracting off icers and EEO Off icer w ho will have the responsibility for' and must be capabie of effectiveiyadministering and promoting and active EEO program and w ho must be assigned adequate authority and responsibility to do so. 3. Dissemination ofPolicy:ANmembers ofthe contractor's staff w ho are authorized to hire, supervise, promote, and discharge employees, or w ho recommend such action, or ho are substantially involved in such action, w ill be made fully cognizant of, and w ill implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement w ill be met, the follow ing actions will be taken as a minimum a. Periodic meetings of supervisory and personnel office employees w ill be conducted before the start of w ork and then not less often than once every six months, at w hich time the contractor's EEO policy and its implementation w ill be review ed and explained. The meetings w ill be conducted by the EEO Officer. b. AN new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations w ithin thirty days follow ing their reporting for duty w ith the contractor. c. All personnelw ho are engaged in direct recruitment for the project w ill be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and w omen. d. Notices and posters setting forth the contractor's EEO policy w ill be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy w ill be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor w ill include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements w ill be placed in publications having a large circulation among minorities and w omen in the area fromw hich the project w orkforce would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potenbalrrinority group employees, and establish w ith such identified sources procedures w hereby minority and w omen applicants may be referred to the contractor for employment consideration. in the event the contractor has avalid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisons of that agreement to the extent that the system meets the contractor's compliance w ith EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or w omen, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. Required Federal -Aid Contract Language c. The contractor w ill encourage its present employees to refer minorities and w omen as applicants for'employment. information and procedures with regard to referring such applicants w ill be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken w ithout regard to race, color, religion, sex, national origin, age or disability, The follow ing procedures shall befollowed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor wig periodically evaluate the spread of w ages paid w ithin each classification to determine any evidence of discriminatory w age practices. c. The contractor will periodically review selected personnel actions in depth to determine w hether there is evidence of discrimination. Where evidence is found, the contractor w ill promptly take corrective action. 1 the review indicates that the discrimination may extend beyond the actions review ed, such corrective action shah include all affected persons. The contractor w ill promptly investigate all complaints of alleged discrimination made to the contractor in connection w ith its obligations under this contract, wdi attempt to resolve such complaints, and w ill take appropriate corrective action w ithin a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minorities and women w ho are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive w elfare assistance in accordance with 23 U.S.C. 140(a). The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor w ill periodically review the training and promotion potential of employees w ho are minorities and w omen and w ill encourage eligible employees to apply for such training and promotion. Page 9 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language T."unions: 9 the contractor refies in w hole or in part upon unions as ... a source of.employees,.the contractor will use good_faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and w omen. Actions by the contractor, either directly or through a contractor's association acting as agent, w 01 include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation w ith the unions, joint training programs aimed tow and qualifying more minorities and w omen for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants w ithout regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is w ithin the exclusive possession of the labor union and such labor union refuses to furnishsuch information to the contractor, the contractor shall so certify to the contracting agency and shall set forth w hat efforts have been made to obtain such information. d. In the event the union is unable to provide the contractorwith a reasonable flow of referrals within the time limit setforth in the collective bargaining agreement, the contractor w ill, through independent recruitment efforts, fill the employment vacancies w ithout regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and w omen. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor f romthe requirements of this paragraph. In the event the union referral practice prevents the contractorfrommeeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractors hall immediately notify the contracting agency. 8. Reasonable Accommodation forApplicants/Ern ployees with Disabilities: The contractor must be familiar w ith the requirements for and comply w ith the Americans w ith Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so w ould cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shah not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and uses of equipment. The contractor shah take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shah notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. FFfWA-1273 -- Revised May 1, 2012 10. Assurance Required by49iCFR 26.13(b): The requirements of 49 CFR Part 26 and the State DOTs U.S. DOT -approved DBE program are incorporated by reference. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the aw and and administration of DOT -assisted contracts. Failure by the contractorto carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Re cords and Be ports: The contractor shah keep such records as necessary to document compliance w ith the EEO requirements. Such records shall be retained for a period of three years follow ing the date of the final payment to the contractor for all contract work and shah be available at reasonable tries and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the follow ing: (1) The number and w ork hours of minority and non -minority group members and women employed in each w ork classification on the project; (2) The progress and efforts being made in cooperation w ith unions, w hen applicable, to increase employment opportunities for minorities and w omen; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and w omen. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each w ork classification required by the contract work. This Information is to be reported on Form FH W A-1391. The staffing data should represent the project w ork force on board in all or any part of the last payroll period preceding the end of July. f on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the workforce on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal- -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by w ritten or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to performtheir services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes w ailing rooms, w ork areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. Page 10 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 Iv. DAviS=SACOWANu it ATEO ACT PROVISIONS` (I) Thew ork to be performed by the classification requested is not performed by a class If !cation in the w age determination; and This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highw ay. This excludes roadw ays functionally classified as local roads or rural minor collectors, w hich are exempt. Contracting agencies may electto apply these requirements to other projects. The follow ing provisions are fromthe U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" w Kh minor revisions to conformto the FFiWA-1273 format and FFMlA program requirements. 1. Minimumwages a. All laborers and mechanics employed or w orking upon the site of the w ork, will be paid unconditionally and not less often than once a week, and w ithout subsequent deduction or rebate on any account (except s uch payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of w ages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the w age determination of the Secretary of Labor w hich is attached hereto and made a part hereof, regardless of any contractual relationship w hich may be alleged to exist betw een the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered w ages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a w eekly period (but not less often than quarterly) under plans, funds, or programs w hich coverthe particular w eekly period, are deemed to be constructively made or incurred during such w eekly period. Such laborers and mechanics shall be paid the appropriate w age rate and f ringe benefits on the w age determination for the classification of work actually performed, w ithout regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing w ork in more than one classification may be compensated at the rate specified for each classification for the time actually w orked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in w hich work is performed. The w age determination (including any additional classification and w age rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors atthe site of the work in a prominent and accessible place w here it can be easily seen by the w orkers. b. (1) The contracting off icershall require that any class of laborers or mechanics, including helpers, w hich is not listed in the w age determination and w hich is to be employed under the contract shall be class ified in conformance with the w age determination. The contracting officershali approve an additional classification and w age rate and fringe benefits therefore only w hen the following criteria have been met: (ii) The classification is utilized in the area by the construction industry; and (in) The proposed w age rate, including any bona fide fringe benefits, bears a reasonable relationship to the w age rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (i€ know n), or their representatives, and the contracting officer agree on the classification and w age rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shalt be sent by the contracting off icerto the Administrator of the Wage and Four Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additionalclassification action within 30 days of receipt and so advise the contracting officer or wAl notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting off icerdo not agree on the proposed classification and w age rate (including the amount designated for fringe benefits, w here appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recomriendation of the contracting officer, to the Wage and Flour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination w ithin 30 days of receipt and so advise the contracting officeror will notify the contracting officer within the 30-day period that additional time is necessary. (4) The w age rate (including fringe benefits w here appropriate) determined pursuantto paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to as w orkers perfoming w ork in the classification under this contract fromthe first day on w hich work is performed in the classification. c. Whenever the minimum w age rate prescribed in the contractfor a class of laborers or mechanics includes a fringe benefit w hich is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the w age determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. f the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the w ages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the w ritten request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 11 of 23 January 2018 Local Assistance Procedures Manual Ediibit 12-G Required Federal -Aid Contract Language 2. Withholding The contracting agency shag upon its ow n action or upon w ritten request of an authorized representative of the Department of Labor, w dhhold or cause to be w ithheld fromthe contractor under this contract, or any other Federal contract w fth the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing w age requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the fullamount of w ages required by the contract. in the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or w orking on the site of the w ork, all or part of the w ages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessaryto cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the workand preserved for a period of three years thereafter for all laborers and mechanics w orking at the site of the w ork. Such records shag contain the name, address, and social security number of each such w orker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and w eekly number of hours w orked, deductions made and actual w ages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the w ages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shag maintain records w hich show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been conmunicated in w riling to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shag maintain w ritten evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and w age rates prescribed in the applicable programs. b. (1) The contractor shag submit w eekiy for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shag set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that fug social security numbers and home addresses shag not be included on w eekly transmittals. Instead the payrolls shag only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required w eekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose fromthe Wage and Hour Division Web site at http:/twww.dol.gov/esaAwhd/fomis,Wh347instr.htmor its successor site. The prime contractor is responsiblefor the submission of copies of payrolls by all subcontractors. Contractors and s ubcontractors shag maintain the fug social security number and FHNA-1273 -- Revised May 1, 2012 current address of each covered worker, and shall provide them upon request to the contracting agency f or trans nis 1.s io11 to the State DOT, the FHWA orthe Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance w ith prevailing w age requirements. It is not a violation of this section for a prime contractor to require a subcontractorto provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent w ho pays or supervises the payment of the persons employed under the contract and shall certify the follow ing: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(H) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (h) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the fug w eekly w ages earned, w ifhout rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f romthe full w ages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable w age rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable w age determination incorporated into the contract. (3) The w eekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shag satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractorto civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Cade. The contractor or subcontractors hall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shag permit such representatives to interview employees during w orking hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after w ritten notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, Page 12 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-C 4, Apprentices andtrainees a. Apprentices (programs of the USDOL). Apprentices win be permitted to w ork at less than the predetermined rate for the w ork they performed w hen they are employed pursuant to and individually registered in a bona f ide apprenticeship program registered w ith the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or w ith a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, w ho is not individually registered in the program, but w ho has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allow able ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire w orkforce under the registered program. Any w orker listed on a payrollat an apprentice w age rate, w ho is not registered or otherw ise employed as stated above, shag be paid not less than the applicable w age rate on the w age determination for the classification of workactually performed. In addition, any apprentice performing w ork on the job site in excess of the ratio permitted under the registered programshall be paid not less than the applicable w age rate on the w age determination for the w ork actually performed. Where a contractor is performing construction on a project in a locality other than that in w hich its program is registered, the ratios and wage rates (expressed in percentages of thejourneyman's hourly rate) specified In the contractor's or subcontractor's registered programshall be observed. Every apprentice must be paid at not less than the rate specified in the registered programfor the apprentice's level of progress, expressed as a percentage of thejoumeymen hourly rate specified in the applicable w age determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program 9 the apprenticeship programdoes not specify fringe benefits, apprentices must be paid the full amount of fringe benefits fisted on the w age determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the w ork performed until an acceptable programis approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees w illnot be permitted to w ork at less than the predetermined rate for the w ork performed unless they are employed pursuant to and individually registered in a program w hich has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not loss than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable w age determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program g the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the w age determination unless the Administrator of the Wage and hour Division determines that there is an apprenticeship program associated w ith the corresponding journeyman w age rate on the w age determination w hich provides forless than fullfringe benefits for apprentices. Any employee listed on the payroll at a trainee rate w ho is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable w age rate on the w age determination for the classification of work actually performed. In addition, any trainee performing w ork on thejob skein excess of the ratio permitted under the registered programshall be paid not less than the applicable wage rate on thew age determination for thew ork actually performed. In the event the Employment and Training Administration w fthdrarvs approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the w ork performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shag be in conformity w ith the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees w orking under apprenticeship and skill training programs w hich have been certified by the Secretary of Transportation as promoting EEO in connection ith Federal -aid highw ay construction programs are not subject to the requirements of paragraph 4 of this Section N. The straight time hourly w age rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shag not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. Thecontractor shall comply with the requirements of 29 CFR part 3, w hich are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shag insert Form FF WA-1273 in any subcontracts and also require the subcontractors to include Form FF WA-1273 in any low er tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractorwith all the contract clauses in 29 CFR 5.5. 7.Contract termination:debamnent. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Page 13 of 23 January 2018 Local Assistance Procedures Manual Exhibit I2-G Required Federal -Aid Contract Language 8. Corn pliance with Davis -Bacon and Related Act requirements. AN rulings and interpretations of the Davis-Baconand Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Dis putes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shah not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes w ithin the meaning of this clause include disputes betw een the contractor(or any of its subcontractors)and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certificationof eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm w ho has an interest in the contractor's firm is a person or f irm ineligible to be aw arded Government contracts by virtue of section 3(a) of the Davis - Bacon Actor 29 CFR 5.12(a)(1). b. No part of this contract shad be subcontracted to any person or firm ineligible for aw and of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The follow Ing clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act, These clauses shad be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include w atchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work w hich may require or involve the employment of laborers or mechanics shad require or permit any such laborer or mechanic in any w orlweek in w hich he or she is employed on such w ork to w ork In excess of forty hours in such w orkweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for an hours w orked in excess of forty hours in such w orkweek 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid w ages. In addition, such contractor and subcontractor shad be liable to the United States (in the case of w ork done under contractfor the District of Columbia or a territory, to such District or to such territory), for liquidated damages_ Such liquidated damages shah be computed w ith respect to each individual laborer or mechanic, including w atchmen and guards, employed in violation of the clause self orth in paragraph FHWA-1273 -- Revised May 1, 2012 . Withholdingfor unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its ow n action or upon w ritten request of an authorized representative of the Department of Labor w ithhold or cause to be w ithheld, from any moneys payable on account of w ork performed by the contractor or subcontractor under any such contract or any other Federal contract ith the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, w hich is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid w ages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or low er tier subcontractorwith the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highw ay System The contractor shall perform w ith its ow norganization contract w orkamounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, exuding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted fromthe total original contract price before computing the amount of w ork required to be performed by the contractor's own organization (23 CFR 635.116). The term "performwork with its own organization" refers to workers employed or leased by the prime contractor, and equipment ow ned or rented by the prime contractor, with or w ithout operators. Such termdoes not include employees or equipment of subcontractoror low artier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees froman employee leasing firmmeeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all pow er to accept or exclude individual employees fromwork on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum w ages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. "Specialty dems" shad be construed to be limited to w ork that requires highly specialized know ledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a w hole and in general are to be limited to minor components of the overall contract. Page 14 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G (1.) of this section, in the sum of $10 for each calendar day on w hich such individual w as required or permitted to w ork in excess of the standard w on week of forty hours w ithout payment of the overtime w ages required by the clause set forth in paragraph (1.) of this section. 2. The contract amount upon w hich the requirements setforth in paragraph (1) of Section VI is computed includes the costof material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of thew ork in accordancewith the contract requirements, and is in charge of at construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services)as the contracting officer determines is necessary to assurethe perf ormance of the contract. No portion of the contract shall be sublet, assigned or otherw ise disposed of except w ith the w ritten consentof the contracting officer, or authorized representative, and such consent when given shall hot be construed to relieve the contractor of any responsibility for thefulfilknent of the contract. Written consent w 01 be given only after the contracting agency has assured that each subcontract is evidenced in w riting and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their ow n self -performance requirements VILSAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local law s governing safety, health, and sanitation (23 CFR 635). The contractor shah provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the Ufa and health of employees on the job and the safety of the public and to protect property in connection w ith the performance of the w ork covered by the contract. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to w ork in surroundings or under conditions w hich are unsanitary, hazardous or dangerous to hisiher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shah have right of entry to any site of contract performance to inspect or investigate the matter of compliance w ith the construction safety and health standards and to carry out the duties of the Required Federal -Aid Contract Language FHWA-1273 -- Revised May 1, 2012 In.order to assure high quality and durable construction in conformity w ith approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and w orkerson Federal -aid highw ay projects, it is essentialthat all persons concerned with the project performtheir functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highw ay project (23 CFR 635) in one or more places w here it is readily available to all persons concerned with the project; 18 U.S.G. 1020 reads as follow s: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or w hoever, whethera person, association, firm, or corporation, know ingly rr>akes any false statement, false representation, or false reportas to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the w ork performed or to be performed, or the cost thereof in connection w ith the submission of plans, maps, specifications, contracts, or costs of construction on any highw ayor related project submitted for approval to the Secretary of Transportation; or Whoever know ingly makes any false statement, false representation, false report or false claim w ith respect to the character, quality, quantity, or cost of any w ork performed or to be performed, or materials furnished or to be furnished, in connection w ith the construction of any highwayor related project approved by the Secretary of Transportation; or Whoever know ingly makes any false statementor false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or moth." IX. IMPLEM ENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person w ho is or w ill be utilized in the performance of this contract is not prohibited from receiving an aw and due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing s uch requirements. Page 15 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Secretary under Section 107 or the Contract Work Hours arfd __Safety.Standards.Act.(40.U.S.C.3704),--.- --.--____ ----- -- Vlll. FALSE STATEMENTS CONCEPMNG HIGHWAY PROJECTS FF WA-1273 -- Revised May 1, 2012 X. CERTiFiCATION RE{GARDiNG DIEIAR A 84f , SUSPENSION, _.... INE-IGIBILITY AND VOLLINTAR1F-IXGLUSION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. Instructions for Certification— First Tier Participartts: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. The inability of a person to provide the certification set out below w ill not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of w by it cannot provide the certification set out below The certification or explanation w ill be considered in connection w ith the department or agency's determination w hetherto enter into this transaction. Flow ever, failure of the prospective f irst tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate w ritten notice to the contracting agency to w homthis proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "Ineligible," "participant," "person," 'principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lauer Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts}. "First Tier Participant" refers to the participant w ho has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "LowerTier Participant" refers any participant who has entered into a covered transaction w ith a First Tier Participant or other Low er Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not know ingly enter into any low er tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first ter participant further agrees by submitting this proposal that it w ill include the clause titled "Certification Regarding Debarment, Suspension, inefrgibifity and Voluntary Exclusion -Low erTier Covered Transactions," provided by the department or contracting agency, entering into this covered This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FNWA approval or that Is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a low er tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it know s that the certif ication is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherw ise ineligible to participate in covered transactions. To verify the eligibility of its principals, as w ell as the eligibility of any low er tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List Systemwebsite (httm://www.enls.aov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a systemof records in order to render in good faith the certification required by this clause. The know ledge and information of the prospective participant Is not required to exceed that w hich is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a low er tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary EKcIusion—First Tier Participants: The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department oragency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) w ith commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not w ithin a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Page 16 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language transaction, W khbut modificatibn, in all low er tier coveted transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2. Instruct ions for Ce rtification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other low ertier transactions requiring prior FMA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower ter is providing the certification set out below. The certification in this clause is a material representation of fact upon w hich reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant know ingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency w ith which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective low er tier participant shall provide immediate w ritten notice to the person to w hich this proposal is submitted if at any time the prospective low er tier participant learns that its certification w as erroneous by reason of changed circumstances. The terms "covered transaction," "debarred, "'suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to w hich this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction betw een a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract), "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lanier Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective low ertier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not know ingly enter into any low er tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency w ith which this transaction originated. f. The prospective low ertier participant further agrees by submtting this proposal that it w ill include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Low er Tier Covered Transaction," w ithout modification, in all low ertier covered transactions and in all solicitations for low er tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a low er tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded fromthe covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherw Ise ineligible to participate in covered transactions. To verify the eligibility of its principals, as w ell as the eligibility of any low er tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System w ebsite FHWA-1273 -- Revised May 1, 2012 b. Where the prospective participant is unable to -certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a low er tier covered transaction w kh a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency w ith w hich this transaction originated may pursue available remedies, including suspension and/or debarment. } k k R Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu s ion —Lower Tier Participants: 1, The prospective low ertier participant certif ies, by submission of this proposal, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective low er tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * k * * k A. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her know ledge and belief, that: a. No Federal appropriated funds have been paid or w ill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection w ith the aw arding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. if any funds other than Federal appropriated funds h ave been paid or w ill be paid to any person for influencing or attempting to infuence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection w ith this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and subrrt Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon w hich reliance w as placed w hen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person w ho fails to file the required certification shall be subjectto a civil penalty of not less than $10,000 and not more than $100,000 for each s uch failure. 3.The prospective participant also agrees by submitting its bid or proposalthat the participant shall require that the language of this certification be included in all lower tier subcontracts, which Page 17 of 23 January 2018 Local Assistance Procedures Manual ExWbit 12-G Required Federal -Aid Contract Language FM+VA-1273 -- Revised May 1, 2012 ._.. (littos:7t vw.ents.2<iv/), which'is cbmpied 6 'the General Seniices ` '' exceed iriformatiorror participanYis noY required tb exceed filet It __ _. w hich is $100;000 and -that all such recipients shallcertify and disclose accordingly. h. Nothing contained in the foregoing shall be construed to require establishment of a systemof records in order to render in good faith the certification required by this clause. The know ledge and normally possessed by a prudent person in the ordinary course of business dealings. Page 18 of 23 January 2019 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language 12. FEMALE AND MINORITY GOALS To comply with Section H, "Nondiscrimination," of "Required Contract Provisions Federal -Aid Construction Contracts," the following are for female and minority utilization goals for Federal -aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) Redding CA: 174 Non-SMSA (Standard Metropolitan Statistical Area) Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA, 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco -Oakland -San Jose,CA: SMSA Counties: 7120 Salinas -Seaside -Monterey, CA 2&9 CA Monterey 7360 San Francisco -Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 Sara Jose, CA CA Santa Clara, CA 19.6 176 7485 Santa Cruz, CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo -Fairfield -Napa, CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 Sacramento, CA: SMSA Counties: 177 6920 Sacramento, CA 16.1 CA Placer, CA Sacramento; CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra, CA Sutter, CA Yuba Stockton -Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3 178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador, CA Calaveras; CA Mariposa; CA Merced; CA Tuolun-re Fresno -Bakersfield, CA SMSA Counties: 179 0680 Bakersfield, CA 19.1 CA Kem 2840 Fresno, CA 26.1 Page 19 of 23 January 2018 Local Assistance Procedures Manual Ikhibit 12-G Required Federal -Aid Contract Language CA Fresno Non-SMSA -Counties:. .-CA.-Kings; CA. Madera; CA Tulare Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9 CA Orange 4480 Los Angeles -Long Beach, CA 28.3 CA Los Angeles 180 6000 Oxnard -Simi Valley -Ventura, CA 21.5 CA Ventura 6780 Riverside -Salt Bernardino -Ontario, CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA Inyo; CA Mono; CA San Luis Obispo San Diego, CA: SMSA Counties 181 7320 San Diego, CA 16-9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For the last full week July during which work is performed underthe contract, you and each non material -supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR 1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) CojWfiance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub -agreements Including Procurements of Materials and Equi in Went: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONTRACTOR ofthe CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources ofinfomration, and its facilities as may be determined by the California Department of Transportation orFHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information Page 20 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language required of CONTRACTOR is in the exclusive possession ofanotherwho fails or refuses to furnish this nfoma tion, CONTRACTOR shillso certifij to: the.C,alifomia Department of Txansportation or file BlIWA: as, - appropriate, and shall setforth what efforts CONTRACTOR has made to obtain the infornnation. (5) Sanctions for Noncompliance: In the event ofCONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension ofthe Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include theprovisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub -agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 14. USE OF UNITED STATES -FLAG VESSELS The CONTRACTOR agrees- 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percentof the gross tonnage (computed separately for dry bulk caries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuantto this contract,to the extent such vessels areavailable at fair and reasonable rates for United States -flag commercial vessels. 2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated "on -board" commercial ocean bill -of -lading in Fnglish for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington,DC 20590. 3. To insert the substance ofthe provisions of this clause in all subcontracts issued pursuant to this contract. Page 21 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-G Required Federal -Aid Contract Language Federal Trainee Program Special Provisions = (to beused when applicable) 15. FEDERAL_ TRAINEEPROGRAM_ ..... ..... _ ....... ... ...... ..... _ ...... .... . For the Federal training program, thenumber of trainees or apprentices is This section applies if a number of trainees or apprentices is specified in the special provisions. As part of yourequal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a eontractpart, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their I st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status orin which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status orhas been employed as a journeyman. Your records must showthe employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City/County of and FHWA approves aprogram if one of the following is met: 1. It is calculated to: ■ Meet the your equal employment opportunity responsibilities ■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2_ It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal -aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. Page 22 of 23 January 2018 Local Assistance Procedures Manual Exhibit 12-C Required Federal -Aid Contract Language Provide training in the construction crafts, not in clerk -typist or secretarial -type positions. Training is allowed in la,ver_1 gel trk^:usgP*?lent posit;n»s.suchas.affice_Fngi�eers,Ps.ti_maters, and tirnPkeepers:if thPtrainjug is,,aiie„red toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off -site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses you 80 cents per hour of training given an erriployee on this contract under an approved training program: 1. For on -site training 2. For off -site training if the apprentice or trainee is currently employed on a Federal -aid project and you do at least one of the following: • Contribute to the cost of the training ■ Provide the instruction to the apprentice or trainee ■ Pay the apprentice's or trainee's wages during the off -site training period 3. if you comply this section. Each apprentice or trainee twist: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work. classification oruntil the apprenticeor trainee has completed thetraining program Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training Page 23 of 23 January 2018 Local Assistance Procedures Manual Exhibit I5-C Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Huntington Beach 2. Contract DBE Goal: 2% 3. Project Description. Traffic Signal Interconnect Conduit Installation / Newland St from Ellis Ave to Warner Ave (1494) 4. Project Location: Newland Street from Ellis Ave to Warner Ave 5. Bidder's Name: Select Electric, Inc 6. Prime Certified DBE: El 7. Bid Amount: $308,803.00 8. Total Dollar Amount for ALL Subcontractors: 0.00 9. Total Number of ALL Subcontractors: 0_ 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13, DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount s 11 (Partial) Material Vendor 43649 D.B. Electric, Inc (951) 427-3400 8476 Vienna Dr. Estvale, Ca. 92880 $ 10,801.57 Local A®emy to Complete this Section $10,801.57 21. Local Agency Contract Number: 15. TOTAL CLAIMED DBE PARTICIPATION 22. Federal -Aid Project Number: 3 % 23. Bld Opening Date: 24. Contract Award Date: IMPORTANT: identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective3itemFo work listed above must be consistent, where applica names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontra itted with your bid. Written confirmation of this form is complete and accurate. each listed Bd. February 22, 2019 25. Local Agency Representative's Signature 26. Date 1 re s Signature 17. Date VLor C. Smith (562) 807-1860 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone Chief Estimator 29. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result In de -obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document Is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Date: 2/20/2019 Time: 9:00 AM Ship Instructions: None Customer No.: N/A Requested By: Toni Wright Quote for: Select Electric 10603 Midway Ave. Cerritos, CA 90708 Quote No: DBS1002 Quote Provided By DB Electric, Inc. DBA DB Supply 7056 Archibald Ave, Ste. 102-404 Eastvale, CA 92880 Order Date: N/A Due Date: N/A Salesperson: Terms: 30 days Net Ship To: To be determined Qty Item # Description Price LIM Total 7,800.00 96F , SM, OSP, GEL FREE, CORNING GLASS- PRYSMIAN 0.6837 LF 5,332.86 223 12F, Single Mode outside plant, Gel Free Corning Glass 0.2500 LF 55.75 8,003 2" sch 40x2O' 66.6600 C 5,334.80 223 10 Sol THW Black 0.1644 LF 36.66 1 Mule Tape 41.5000 LF 41.50 Subtotal 10,801.57 Tax TOTAL 10,80157 Pricing is firm. Pricing is based on the full BOM and subject to change based upon any change in quantities. Lead times are subject to change based upon the time the order is placed. Cable tolerances are +/- 10%. Expedited Freight charges are not included. This material is (NCNB) Non -Cancelable & Non -Returnable. Payment terms are Net 30. Past due invoices are subject to finance charges. Sales Tax not Included Back To Queue Search Returned 1 Records Query Criteria Firm ID: 43649 County: RIVERSIDE Naics Category: 23 Construction Ethnicity: HISPANIC Licenses: CIO Electrical Contractor Firm Type: DBE Firm ID 43649 Firm/DBA Name D.B. ELECTRIC, INC. Address Line1 8476 VIENNA DR Address Line2 City EASTVALE State CA Zip Code1 92880 Zip Code2 Mailing Address Line1 Mailing Address Line2 Mailing City Mailing State Mailing Zip Code1 Mailing Zip Code2 Certification Type DBE EMail david@db-electricinc.com; brad@db-electricinc.com Contact Name DAVID FERNANDEZ Area Code (951 ) Phone Number 427-3400 Extension Alt Area Code (951 ) Alt Phone Number 207-2998 Extension Fax Area Code (951 ) Fax Phone Number 268-6513 Agency Name DEPARTMENT OF TRANSPORTATION Counties 19; 30; 33; 36; Districts 07; 08; 12; DBE NAICS 238210; ACDBE NAICS Work Codes C8903 ELECTRICAL; C9859 Commercial Electrical; Licenses C10 Electrical Contractor; Trucks Gender M Ethnicity HISPANIC Firm Type DBE Back To Query Form Wed Jul 2614:04:02 PDT 2017 0. = O Q J LL N Q 0 J W � N W GJ W uj � Q O j co a)0 W L �' a,•+ Q = W Q L U LU U ;- U uj AD W H LL V W 2 L G� u W Q PQ c/'f J V W fC 00 U � cd 4� U N r, RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) F0�B CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: J Uf)e, ��, c)- e)J � SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. Ne7q MSC No. (Company �32U �S7 Approved Agenda em No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer s%/I 9 (Council Approval /Date) tat) 6. 5-0 5370 3 Si City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 27, 2019 Select Electric, Inc. Attn: Jeremy Coriale 2790 Business Park Drive Vista, CA 92081 Re: Traffic Signal Interconnect on Newland Street from Ellis Avenue to Warner Avenue— CC-1494 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, 4�� �&4w4J44d Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand File #: 19-495 City of Huntington Beach ftPPRO V ED 7- o MEETING DATE: 5/20/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Accept bid and authorize execution of a construction contract with Select Electric, Inc. in the amount of $308,803 for the traffic signal interconnect on Newland Street from Ellis Avenue to Warner Avenue, CC-1494; and, authorize change orders not to exceed 15 percent Statement of Issue: On February 20, 2019, bids were opened for the installation of traffic signal interconnect conduit and cable on Newland Street from Ellis Avenue to Warner Avenue. City Council action is requested to award the contract to Select Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The total estimated project cost is $395,123. Matching fund expenditures to date total $2,153. Funds in the amount of $268,200 are available in the federal Highway Safety Improvement Program (HSIP) grant Account No. 99590006.82700. Funds in the amount of $124,770 are available in the Gas tax Account 20790049.82700. The additional funds over the construction contract costs will be used for city contract administration, material testing, labor compliance monitoring and costs not reimbursable through the grant program. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Select Electric, Inc. in the amount of $308,803; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs or $46,320. Alternative Action(s): City of Huntington Beach Page 1 of 3 Printed on 5/15/2019 po&ere-A;, Leg star-'' File #: 19-495 MEETING DATE: 5/20/2019 Reject all bids and provide staff with alternative direction. Analysis: The City applied for grant funding for a traffic signal interconnect on Newland Street from Ellis Avenue to Warner Avenue under the federal Highway Safety Improvement Program (HSIP). The grant application was approved and engineering and construction funds were subsequently approved. The project was included in the FY 2018/19 Capital Improvement Program as a continuing project. Due to construction cost increases, the originally budgeted funds are not adequate to complete construction, therefore the local funding requirement has increased. This project consists of installing conduit and fiber optic communication cable on Newland Street from Ellis Avenue to Warner Avenue. This will connect with the City's existing fiber optic communication cable on Warner Avenue and ultimately to the City's Traffic Management Center located in City Hall. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on February 20, 2019 and are listed in ascending order: Bidder Submitted Bid Corrected Bid 1 Select Electric, Inc. $308,803.00 2 Alfaro Communications Construction, Inc. $313,939.20 3 Elecnor Belco Electric, Inc. $316,372.00 4 Crosstown Electrical $330,007.10 5 DBX, Inc. $333,028.00 6 International Line Builders, Inc. $353,532.35 $353,510.75 7 PTM General Engineering Services, Inc. $359,059.00 8 California Professional Engineering, Inc. $362,874.51 9 YAKAR $363,164.00 10 Sturgeon Electric California, Inc. $376,402.00 11 Dynalectric, Inc. $379,600.00 12 Calpromax Engineering, Inc. $380,357.00 13 Comet Electric, Inc. $411,966.00 The total estimated cost of this project is $395,123. Estimated Construction Costs Bid $308,803 15% construction contingency $ 46,320 Construction administration $ 20,000 Material testing and labor compliance 20,000 Total $395,123 City of Huntington Beach Page 2 of 3 Printed on 5/15/2019 powere&2y Legistar``r File #: 19-495 MEETING DATE: 5/20/2019 Federal grant funds totaling approximately $268,200 are anticipated to be received with a total of $126,923 of Gas Tax funds required to provide the grant matching funds and to fund the items ineligible for federal reimbursement These ineligible items include some of the construction administration tasks such as material testing and monitoring for labor compliance. Funding Summary Grant funds available $268,200 Matching funds expended to date $2,153 Match available $124,770 Total estimated project cost $395,123 Staff is requesting that the Director of Public Works be given authorization to approve change orders on this project up to 15 percent of the construction cost rather than the standard 10 percent. The request equates approximately to the typical 10 percent contingency based on the total of the construction contract and the materials purchased by the City. This authorization will provide the added flexibility needed to complete a typical construction project yet still be consistent with the intent of the 10 percent limit. Public Works Commission Action: The Public Works commission recommended this project on May 16, 2018, by a vote of 4-0-3 (Carr, Mulvihill and Stanford absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map. City of Huntington Beach Page 3 of 3 Printed on 5/15/2019 powerec$q, Leaistar— S` NCO ¢Pc�n BOLSA AVE. Mc�FADDEN AVE. U EDINGER z `n w AVE. Y z <i 0 � � J p aHEIL ¢ Q AVE. m m z OU U Q z } Q J m WARNER 0 `'� U AVE. PROJECT LOCATION SLATER AVE. U 405 TALBERT AVE. PACIFIC l� ELLiS tAVE. GARFIELD AVE. \ 0 V) cf) (f) Q�F- \ A `D YORKTOWN AVE. 3z p� 0 A[ MS AVE. i- yc� INDIANAPOLiS AVE. Y OCEAN q�� © ch of ATL=ANTA ¢ z-1 0 7 AVE. m U bii.1 m z HAMILTON AVE. �'GJrY BANNING AVE. vell CITY OF HUNTINGTON BEACH VICINITY MAP NEWLAND STREET TRAFFIC SIGNAL INTERCONNECT ATTACHMENT 1 64 CITY OF HUNTINGTON BEACH PROJECT NAME: Traffic Signal Interconnect on Newland St from Ellis A CC#: CC-1494 BID OPENING DATE: 2/20/2019 TIME & LOCATION: 2:00 PM, 2nd Floor, Clerk's Office ENGINEER'S ESTIMATE: $375,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT Alfaro Communications Construction California Professional Engineering 77, Jg� Calpromax Engineering ? e` DBx 3 °—� Dynalectric Elecno elco lectric lE General Engineering International Line Builders JFL Electric PTM General Engineering Services __. s Ogg 00 Sturgeon Electric California of YAKAR✓ C--mac.. �= PTS 10242018 Version 15 CC1494 NOTICE INVITING SEALED BIDS for the construction of Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to Warner Avenue CC No. 1494 HSIPL-5181 (186) in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on February 20, 2019. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website at: http://www.huntingtonbeachca.gov/govenunent/departments/public works/Bids/ Open website, then click on "Current Advertised Projects" tab. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of installing traffic signal interconnect conduit and cable. The contract shall allow the Contractor 40 working days to complete the contract. The Project Disadvantage Business Enterprises (DBE) goal is 2% The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June 2018, by Resolution No. 2018-34. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Run Dates�l , 1/31 & 2/7 Poe- '1'2g119 cost,$106s Proof NOTICE INVITING SEALED BIDS for the construction of Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to Warner Avenue CC No. 1494 HSIPL-5181 (196) n the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY, invites sealed bids for the above stated projects and wilI receive such bids in the - off ice of the City Clerk Second Floor, 2000 Main Street, Huntington Beach, California 92648, tot he hour of 2:00 P,M. on February 20, 2019. Bids voII be publicly opened in the Council ambers unless otherwise posted. Copies of the Plans, Specifications. and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a 535.00 nonrefundable fee if sent by UPS around deliver} :bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be dov;nloaded free on AGE NCY ,,vebsite at: http:;;^.v,.vw.huntinatonbeachca.00vaoverr7ment;dipoartmentsrblJblic.. wnrksr,gidsr Open website, then clickon "Current Advertised Projects" tab- Thls is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract en- tered into pursuant to this notice will incorporate the provisions of the Federal Labor Stand- ards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow, holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises w it I be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race: color, national oriain, ancestry, sex or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENC". The bid must be ac- companied by a certified check, cashiers check, or bidders bond made payable to the AGEN- CY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A at the time of the bid opening. The successful Contractor and his subcontractors ,,vill be required to possess business I :tenses from the AGENCY. All exten- sion of unit prices'rill be subject to verification by the AGENC". In case of a variation be- tween the unit price and the extension. the unit price wil I govern. Project Description: The project consists primarily of instalfing traffic signal inter- connect conduit and cable. The contract shall al low the Contractor 40 working days to complete the contract. The Project Disadvantage Business Enterprises ME) goal is2% The AGENC" reserves the right to reject any or all bids: to v;aive any irregularity and to take all bids under advisement for a maximum period of 60days. Bv ORDER of the CITY COUNCIL of the CIT" OF HUNTINGTON BEACH, CALIFORNIA. the 4th day of June2018. by Resolution No. 201". Attest: s, Robin Estanislau 6v CLERK OF THE CIT" OF HUNTINGTON BEACH Published: The Huntington Beach',Nave Jan 24, 31, Feb?, 2019 1122519; CC 1494 Ad#11225197 Run Dates 1/24, 1/31 & 2/7 Cost $1068 Proof Switzer, Donna From: David Ward <daward@scng.com> Sent: Thursday, January 17, 2019 1:12 PM To: Switzer, Donna Cc: Esparza, Patty; Estanislau, Robin; Janusz, Bil Subject: Re: NISB for CC Nos. 1490; 1491; 1492 & 49! Good Afternoon Donna. Your notices are all set and ready to go. In vase this is the last time we talk this week .... Have a wonderful weekend! CC 1490 Ad#11225154 Run Dates 1/24, 1/31 & 2/7 Cost $1152 Proof David Ward Legal Advertising Rep 2190 S. Towne Centre PI. Anaheim, CA 92806 714-796-6764 daward@scng.com PLEASE NOTE THE E-MAIL ADDRESS HAS CHANGED SOUTHERn CHLIFUnnin NEWS GROUP On Wed, Jan 16, 2019 at 8:10 AM Switzer, Donna <Donna.Switzerksurfcit�g> wrote: Good morning David, Please publish each of the attached NISB for CC Nos January 31St and February 7th. Thank you! Dawvtc ,SwXW Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714)374-1649 Donna. SwitzerAsurfcity-hb.org 1490, 1491, 1492 & 1494 three times, on January 24th, 8 Huntington Beach Wave 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 FILE NO. CC 1494 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 01 /24/2019, 01 /31 /2019, 02/07/2019 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: February 07, 2019. /1640/ velaw Signature PROOF OF PUBLICATION Legal No. 0011225197 NOTICE INVITING SEALED BIDS for the construction of Traffic Signal Interconnect Conduit Installation on Newland Street from El I is Avenue to Warner Avenue CC No.1494 HSIPL-5181 (196) in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated proiects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on February 20, 2019. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be downloaded free on AGENCY website at: httpJ/www.huntingtonbeachco.gov/government/departments/public works/Bids/ Open website, then click on "Current Advertised Projects" tab. This is a Davis -Bacon Proiect and the Federal Regulations will be enforced. Any contract en- tered into pursuant to this notice will incorporate the provisions of the Federal Labor Stand- ards, which are on file at the office of the Director of Public Works, 2000 Main Street, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afford- ed full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier'scheck, or bidder's bond made payable to the AGEN- CY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All exten- sion of unit prices will be subiect to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit price will govern. Proiect Description: The project consists primarily of installing traffic signal inter- connect conduit and cable. The contract shall allow the Contractor 40 working days to complete the contract. The Proiect Disadvantage Business Enterprises (DBE) goal is 2% The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take al I bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4-t—h day of June 202 18 by Resolution No. 2018-34 . Attest: /s/ Robin Estanislou CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave Jan 24, 31, Feb 7, 2019 11225197 r.LP1-12/15/16 CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA LETTER OF TRANSMITTAL Attention: Robin Estanislau To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 UK -«a 92648 Fax (714) 374-1573 Date:_ January 15 2019 Project/C.C. No.: C.C. No. 1490, 1491, 1492 &1494 Regarding: Traffic Signal Modifications ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies I Pages Description 1 1 2 Notice Inviting Sealed Bids for CC-1490, Traffic Signal Modifications at the intersection of Newland Street and Slater Avenue. 2 1 2 Notice Inviting Sealed Bids for CC-1491, Traffic Signal Modifications at the intersection of Goldenwest Street and Heil Avenue. 3 1 2 Notice Inviting Sealed Bids for CC-1492, Traffic Signal Modifications at the --[--2 intersection of Newland Street and Ellis Avenue, 4 1 Notice Inviting Sealed Bids for CC-1494, Traffic Signal Interconnect Conduit Installation on Newland Street from Ellis Avenue to WarnerAvenue. These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2018-34 (adopted on June 4, 2018), the City Council authorized the advertisement of the above Traffic Signal Projects CC-1490, 1491, 1492 and 1494. Please find attached the Notice Inviting Sealed Bids for advertisement on 1/24/19, 1/31/19 & 2/7/19. The hid opening is scheduled for February 20, 2019. These are four separate projects and will need to be advertised separately. If you have any questions, please contact me at (714) 374-1628. cc: file CC-1490, 1491, 1492 & 1494 By: — :?r aem=�� , William F. 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