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Craft Contracting - 2020-09-23
AMENDiMENT NO. 3 TO FEDERALLY FUNDED CONSTRUCTION CONTRACI- BETWEEN THE CITY OF HUNTINGTON BEACH AND CRAFT CONTRACTING FOR INSTALLATION OF SPRUNG STRUCTURE THIS A\4ENMMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY." and CRAFT CONTRACTING, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 23. 2020 entitled "Federally Funded Construction Contract Between the City of 1-luntington Beach and Craft Contracting for Installation of Spruce Structurer' which agreement shall hereinafter be referred to as the "Original Agreement." and City and Consultant wish to amend the Original Agreement to increase the amount of'compensation to be paid to Consultant: NOW. THEREI-ORE. it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement. City agrees to pay Consultant an additional sum not to exceed Eleven Thousand Seven Hundred Fiftv Dollars (511,750.00). The additional sum shall be added to the original sum of'I hree hundred "thirty Six Thousand Nine Hundred Eight\ Six Dollars and Fifteen Cents (5336,986.15). for a new contract amount not to exceed Three Hundred Forty Eight "I'housand Seven I-lundred l'hirty Six Dollars and Fifteen Cents (5348,736.15). 21-9392/246494 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be cxccutcd by their authorized officers on March 30 ,2021. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal CRAFT CONTRACHNG corporation of the State of California By;, 19(1�0� City Clerk Shane Demelo print name — INITI&DircctorKAD)s:*'6rks M: (circle one)ChairmmJPmidentNioe President AND BY — -- -- REVIEWED AND APPROVED: print name &( �- IlTS: (Nrcle one)Secretary/Chief Finnclal OTcerlA t. Secretary-'rrcasurer City Manager APPROVED AS TO FORM: City Attomey—� 21-9392/246494 2 AMENDMENT NO. 2 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CRAFT CONTRACTING FOR INSTALLATION OF SPRUNG STRUCTURE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and CRAFT CONTRACTING, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 23, 2020 entitled "Federally Funded Construction Contract Between the City of Huntington Beach and Craft Contracting for Installation of Spruce Structurer" which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Seventeen Thousand Two Hundred Ninety Five Dollars ($17,295.00). The additional sum shall be added to the original sum of Three Hundred Nineteen Thousand Six Hundred Ninety One Dollars and Fifteen Cents ($319,691.15), for a new contract amount not to exceed Three Hundred Thirty Six Thousand Nine Hundred Eighty Six Dollars and Fifteen Cents ($336,986.15). 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 20-9242/241428 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on December 23, 2020. CONSULTANT, CITY OF IIUNTINGTON BEACH,a municipal CRAFT CONTRACTING corporation of the State of California By- ALI City Clerk 12. 3 Shane Demelo print name INITIA D AND APPROVED: ITS: (circle one)Chairman/President/Vice President AND (rector of Public Works rZ!D By. AXP APPROVED: - print name City Manager ITS: (circle one)Secretory/Chief Financial Officcr/Asst. APPROVED AS TO FORM: Secretary—Treasurer A tn. ( )—,— — so City Attorney 20-9242/241428 2 AMENDMENT NO. 1 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CRAFT CONTRACTING FOR INSTALLATION OF SPRUNG STRUCTURE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and CRAFT CONTRACTING, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated September 23, 2020 entitled"Federally Funded Construction Contract Between the City of Huntington Beach and Craft Contracting for Installation of Spruce Structurer" which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, ICity agrees to pay Consultant an additional sum not to exceed Eighty-Nine Thousand One Hundred Eight Dollars and Eighty-Eight Cents ($89,108.88). The additional sum shall be added to the original sum of Two Hundred Thirty Thousand Five Hundred Eighty Two Dollars and Twenty-Seven Cents ($230,582.27), for a new contract amount not to exceed Three Hundred Nineteen Thousand Six Hundred Ninety One Dollars and Fifteen Cents ($319,691.15). 20-9071/23 9190 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on November 16 ,2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal CRAFT CONTRACTING corporation of the State of California M, By: N `�-`r City Clerk 421081Tdw Shane Demelo, COO print name INITIA D AN APPROVE ITS: (circle one)Chairman/President/Vice President AND Director of Public Wor s RE E D By. D APPROVED: print name City Manager ITS: (circle one)Secretary/Chief Financial Officer/Asst. APPROVED AS TO FORM: Secretary—Treasurer �i.. City Attorney 20-9071/239190 2 RECEIVED BY: CITY CLERK RECEIPT COPY \ Return DUPLICATE to City Clerk's Office (Name)` after signing/dating k) �, U (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: /r a 1 Z&).Zy SUBJECT: Bond Acceptance I have received the bonds for �i Z9 (Co pany NaTf CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. cay.a7�y.�1 Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 0-)11/1-1)IN.S'/2 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. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Craft Contracting FOR INSTALLATION OF SPRUNG STRUCTURE 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 Craft Contracting , a 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 City of Huntington Beach Navigation Center 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: 1. 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 1 SFF:17-5732/158097/CalTrans-Federal Contract 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/Ca]Trans-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 Construction, 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:t7-5732/158097/CalTrans-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 sum not to exceed Two Hundred Thirty Thousand Five Hundred Eighty Two and 27 Cents Dollars ($ 230,582.27 ), 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 Eighteen ( 18 )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 recognize 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 conformance with the progress schedule set forth in the 4 SFF:17-5732/158097/CalTrans-Federal 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 SFF:17-5732/158097/CalTrans-Federal 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 under 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 SFF:17-5732/158097/CalTrans-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 and 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($ 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 SFF:17-5732/158097/CalTrans-Federal 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:17-5732/158097/CalTrans-Federal Contract 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 SFF:17-5732/158097/CalTrans-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 10 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 Demand remains in dispute, the CONTRACTOR may file a claim with the CITY as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 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 11 SFF:17-5732/158097/CalTrans-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 SFF:17-5732/158097/CalTrans-Federal 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 monies 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 full 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 SFF: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 et 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 SFF:17-5732/158097/CalTrans-Federal Contract 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 policy 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 SFF:17-5732/158097/CalTrans-Federal 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: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise 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/CalTrans-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 SFF:17-5732/158097/CalTrans-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 et 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 employed 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 1813, 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. 18 SFF:17-5732/158097/CalTrans-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/CalTrans-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/CalTrans-Federal Contract 6/17 (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 seq.), 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 SFF: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 SFF:17-5732/158097/CalTrans-Federal Contract 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 SFF:17-5732/158097/CalTrans-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 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 TO CITY: TO CONTRACTOR: City of Huntington Beach Craft Contracting ATTN: 23846 Sunnymead Blvd, Suite 10 2000 Main Street Moreno Valley, CA 92553 Huntington Beach, CA 92648 Lie. #1028331 38. SECTION HEADINGS 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:17-5732/158097/CalTrans-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 SFF: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 et 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 arm's length negotiations, and that each has had the 27 SFF: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 parry's behalf,which are not embodied in this Agreement, and that that party 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 their authorized officers on September 23 ,2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CONTRACTOR Ca ' nia BY �2 _ -r�r!� Crty Manager Shane Demelo INITI ED AND APP print name ITS: (circle ate) ian/President/Vice President 00 MfirFc—tor—of Public Works APPROVED AS TO FORM: By: print name ?,.XCity torney ITS: (circle ogre)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer Date RECEIVE AND FILE: City Clerk,. Date 28 EXHIBIT A (Contractor's Proposal) 29 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 Exhibit "A" �:" HIGINEDIINO AND CONSTRUCTION � ' Proposal good for 30 days September 2,2020 IOr)� .". :nr�^r�a F=rim With over 350 completed Sprung Structures,our team has vast knowledge and valuable experience in the erection of the Sprung Structure thus enabling us to save you time and money. OC Public Works 300 N.Flower Street PO Box 4048 Santa Ana,CA 92703 Gabriel Munoz-Morris City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Erection SIGNATURE SERIES 60 feet wide by 195 feet long Appropriate fall protection(body harness and life line). Estimated 7 workmen for approximately 33, 8 hour working day A supervisor with construction experience. Erection $ 226,061.05 earth anchors through 4 inch asphalt paving Bond $ 4,521.22 $ 230,582.27 We can mobilze and increase labor on site to recdcue number of days without increasing costs. for example:the project could complete in as little as 18 days on site CONDITIONS: CLEAR PATH OF INGRESS/EGRESS.GRADE TO BE ACCEPTED+/-.10, ROCK FREE,COMPACTED AND TESTED BY OTHERS SPOILS TO BE STOCK PILED ONSITE AND REMOVED BY OTHERS,OR WE MAY PROVIDE A PRICE TO REMOVE SPOILS OFF SITE IF REQUESTED BY OWNER/GC TOTAL MOVE-INS FOR THIS JOB—1 ADDITIONAL MOVE INS$7,500.00 WATER AND POWER TO BE AVAILABLE ONSITE Di-watering is not included and will be priced out as needed on T&M EXCLUSIONS: ANY ITEM THAT DIFFERS FROM PLANS AND SPECIFICATIONS.ANY ITEM NOT SPECIFCALLY STATED IN THIS PROPOSAL. Grading Subgrade and Base Plan Fees,Permit Fees,and any Fees Associated with Job Planning or Scheduling. Cost or responsibility of any surveying,soils testing,or engineering test of any type. Any damage to any concrete or asphalt in order to obtain access to working area. Continuous inspection not included.Extra charge at approx.$75 per hour. Any damage to any hardscape,irrigation,landscaping,within limits of working area. Traffic Control Caulking of any and ALL Expansion Joints Prices may vary due to DESIGN CHANGES. Any item not specifically listed above. No concrete footings or foundation If Accepted,This Proposal Shall Become an Addendum to Contract. Accepted By Date: JT2 Engineering and CRAFT CONTRACTING 23846 SUNNYMEAD BLVD,SUITE 10 MORENO VALLEY CA 92553 LIC.#1028331 EXHIBIT B (Required Contract Provision For All Federal Aid Construction Contracts FHWA 1273) 30 SFF:17-5732/158097/CalTrans-Federal Contract 6/17 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page 8 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language I. General IL NONDISCRIMINATION II. Nondiscrimination III. No segregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable IV. Davis-Bacon and Related Act Provisions to all Federal-aid construction contracts and to all related construction V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 VI. Subletting or Assigning the Contract are not applicable to material supply,engineering,or architectural VI I. Safety:Accident Prevention service contracts. Vill. False Statements Concerning Highway Projects In addition,the contractor and all subcontractors must comply with the IX. Implementation of Clean Air Act and Federal Water Pollution following policies:Executive Order 11246,41 CFR 60,29 CFR 1625- Control Act 1627,Title 23 USC Section 140,the Rehabilitation Act of 1973,as X. Compliance with Government wide Suspension and Debarment amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as Requirements amended,and related regulations including 49 CFR Parts 21,26 and XI. Certification Regarding Use of Contract Funds for Lobbying 27;and 23 CFR Parts 200,230,and 633. ATTACHMENTS The contractor and all subcontractors must comply with: the A.Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b)and, Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding$10,000,the Standard Federal (included in Appalachian contracts only) Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. I. GENERAL Note:The U.S.Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of 1.Form FHWA-1273 must be physically incorporated in each the Secretary of Labor including 41 CFR 60,and 29 CFR 1625-1627, construction contract funded under Title 23(excluding emergency The contracting agency and the FHWA have the authority and the contracts solely intended for debris removal). The contractor(or responsibility to ensure compliance with Title 23 USC Section 140,the subcontractor)must insert this form in each subcontract and further Rehabilitation Act of 1973,as amended(29 USC 794),and Title VI of require its inclusion in all lower tier subcontracts(excluding purchase the Civil Rights Act of 1964,as amended,and related regulations orders,rental agreements and other agreements for supplies or including 49 CFR Parts 21,26 and 27,and 23 CFR Parts 200,230,and services). 633. The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230,Appendix A.with reference for work done under any purchase order,rental agreement or appropriate revisions to conform to the U.S.Department of Labor(US agreement for other services. The prime contractor shall be responsible DOL)and FHWA requirements. for compliance by any subcontractor,lower-tier subcontractor or service provider. 1.Equal Employment Opportunity: Equal employment opportunity Form FHWA-1273 must be included in all Federal-aid design-build (EEO)requirements not to discriminate and to take affinnative action to contracts,in all subcontracts and in lower tier subcontracts(excluding assure equal opportunity as set forth under laws,executive orders, subcontracts for design services,purchase orders,rental agreements rules,regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627,41 and other agreements for supplies or services). The design-builder shall CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as be responsible for compliance by any subcontractor,lower-tier modified by the provisions prescribed herein,and imposed pursuant to subcontractor or service provider. 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The Contracting agencies may reference Form FHWA-1273 in bid proposal provisions of the Americans with Disabilities Act of 1990(42 U.S.C. or request for proposal documents,however,the Form FHWA-1273 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are must be physically incorporated(not referenced)in all contracts, incorporated by reference in this contract.In the execution of this subcontracts and lower-tier subcontracts(excluding purchase orders, contract,the contractor agrees to comply with the following minimum rental agreements and other agreements for supplies or services related specific requirement activities of EEO: to a construction contract). a.The contractor will work with the contracting agency and the Federal 2.Subject to the applicability criteria noted in the following sections, Government to ensure that it has made every good faith effort to these contract provisions shall apply to all work performed on the provide equal opportunity with respect to all of its terms and contract by the contractor's own organization and with the assistance conditions of employment and in their review of activities under the of workers under the contractor's immediate superintendence and to contract. all work performed on the contract by piecework,station work,or by b. subcontract. The contractor will accept as its operating policy the following statement: 3. A breach of any of the stipulations contained in these Required "It is the policy y this Company to assure that applicants are employed, Contract Provisions may be sufficient grounds for withholding of progress payments,withholding of final payment,termination of the and that employees are treated during employment,without regard to contract,suspension/debarment or any other action determined to their race,religion,sex,color,national origin,age o disability. Such be appropriate by the contracting agency and FHWA. action shall include:employment,upgrading,demotion,or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay 4.Selection of Labor: During the performance of this contract,the or other forms of compensation;and selection for training,including contractor shall not use convict labor for any purpose within the limits apprenticeship,pre-apprenticeship,and/or on-the-job training." of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole,supervised release,or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. FHWA-1273-- Revised May 1,2012 Page 9 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language 2.EEO Officer:The contractor will designate and make known to the contracting officers and EEO Officer who will have the c.The contractor will encourage its present employees to refer responsibility for and must be capable of effectively administering minorities and women as applicants for employment. and promoting and active EEO program and who must be assigned Information and procedures with regard to referring such adequate authority and responsibility to do so. applicants will be discussed with employees. 5.Personnel Actions:Wages,working conditions,and employee 3. Dissemination of Policy:All members of the contractor's staff benefits shall be established and administered,and personnel who are authorized to hire,supervise,promote,and discharge actions of every type,including hiring,upgrading,promotion, employees,or who recommend such action,or who are transfer,demotion,layoff,and termination,shall be taken without substantially involved in such action,will be made fully cognizant of, regard to race,color,religion,sex,national origin,age or disability. and will implement,the contractor's EEO policy and contractual The following procedures shall be followed: responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met,the a.The contractor will conduct periodic inspections of project sites to following actions will be taken as a minimum: insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b.The contractor will periodically evaluate the spread of wages paid not less often than once every six months,at which time the within each classification to determine any evidence of contractor's EEO policy and its implementation will be reviewed discriminatory wage practices. and explained. The meetings will be conducted by the EEO Officer. c.The contractor will periodically review selected personnel actions b.All new supervisory or personnel office employees will be given in depth to determine whether there is evidence of discrimination. a thorough indoctrination by the EEO Officer,covering all major Where evidence is found,the contractor will promptly take aspects of the contractor's EEO obligations within thirty days corrective action. If the review indicates that the discrimination following their reporting for duty with the contractor. may extend beyond the actions reviewed,such corrective action shall include all affected persons. c.All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's d.The contractor will promptly investigate all complaints of alleged procedures for locating and hiring minorities and women. discrimination made to the contractor in connection with its obligations under this contract,will attempt to resolve such d.Notices and posters setting forth the contractor's EEO policy will complaints,and will take appropriate corrective action within a be placed in areas readily accessible to employees,applicants reasonable time. If the investigation indicates that the for employment and potential employees. discrimination may affect persons other than the complainant, e.The contractor's EEO policy and the procedures to implement such corrective action shall include such other persons. Upon such policy will be brought to the attention of employees by completion of each investigation,the contractor will inform every means of meetings,employee handbooks,or other appropriate complainant of all of their avenues of appeal. means. 6.Training and Promotion: 4.Recruitment:When advertising for employees,the contractor a.The contractor will assist in locating,qualifying,and increasing will include in all advertisements for employees the notation:"An the skills of minorities and women who are applicants for Equal Opportunity Employer." All such advertisements will be employment or current employees. Such efforts should be aimed placed in publications having a large circulation among minorities at developing full journey level status employees in the type of and women in the area from which the project work force would trade or job classification involved. normally be derived. b. Consistent with the contractor's work force requirements and as a.The contractor will,unless precluded by a valid bargaining permissible under Federal and State regulations,the contractor agreement,conduct systematic and direct recruitment through shall make full use of training programs,i.e.,apprenticeship,and public and private employee referral sources likely to yield on-the-job training programs for the geographical area of contract qualified minorities and women. To meet this requirement,the performance. In the event a special provision for training is contractor will identify sources of potential minority group provided under this contract,this subparagraph will be employees,and establish with such identified sources superseded as indicated in the special provision. The contracting procedures whereby minority and women applicants may be agency may reserve training positions for persons who receive referred to the contractor for employment consideration. welfare assistance in accordance with 23 U.S.C. 140(a). b. In the event the contractor has a valid bargaining agreement c.The contractor will advise employees and applicants for providing for exclusive hiring hall referrals,the contractor is employment of available training programs and entrance expected to observe the provisions of that agreement to the requirements for each. extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an d.The contractor will periodically review the training and promotion agreement has the effect of discriminating against minorities or potential of employees who are minorities and women and will women,or obligates the contractor to do the same,such encourage eligible employees to apply for such training and implementation violates Federal nondiscrimination provisions. promotion. Page 10 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 7.Unions:If the contractor relies in whole or in part upon unions as 10.Assurance Required by 49 CFR 26.13(b): a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for a.The requirements of 49 CFR Part 26 and the State DOT's U.S. minorities and women. Actions by the contractor,either directly or DOT-approved DBE program are incorporated by reference. through a contractor's association acting as agent,will include the procedures set forth below: b.The contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of a.The contractor will use good faith efforts to develop,in this contract. The contractor shall carry out applicable cooperation with the unions,joint training programs aimed requirements of 49 CFR Part 26 in the award and administration toward qualifying more minorities and women for membership of DOT-assisted contracts. Failure by the contractor to carry out in the unions and increasing the skills of minorities and women these requirements is a material breach of this contract,which so that they may qualify for higher paying employment. may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. b.The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union 11.Records and Reports:The contractor shall keep such records will be contractually bound to refer applicants without regard to as necessary to document compliance with the EEO requirements. their race,color,religion,sex, national origin,age or disability. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work c.The contractor is to obtain information as to the referral and shall be available at reasonable times and places for inspection practices and policies of the labor union except that to the by authorized representatives of the contracting agency and the extent such information is within the exclusive possession of FHWA. the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to a. The records kept by the contractor shall document the following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non-minority group members and women employed in each work classification on d.In the event the union is unable to provide the contractor with a the project; reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will,through (2)The progress and efforts being made in cooperation with independent recruitment efforts,fill the employment vacancies unions,when applicable,to increase employment opportunities without regard to race,color,religion,sex,national origin,age for minorities and women;and or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to (3)The progress and efforts being made in locating,hiring,training, provide sufficient referrals(even though it is obligated to qualifying,and upgrading minorities and women. provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b.The contractors and subcontractors will submit an annual report requirements of this paragraph. In the event the union referral to the contracting agency each July for the duration of the practice prevents the contractor from meeting the obligations project,indicating the number of minority,women,and non- pursuant to Executive Order 11246,as amended,and these minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the 8. Reasonable Accommodation for Applicants/Employees last payroll period preceding the end of July. If on-the-job with Disabilities: The contractor must be familiar with the training is being required by special provision,the contractor will requirements for and comply with the Americans with Disabilities be required to collect and report training data. The employment Act and all rules and regulations established there under. data should reflect the work force on board during all or any part Employers must provide reasonable accommodation in all of the last payroll period preceding the end of July. employment activities unless to do so would cause an undue hardship. III.NONSEGREGATED FACILITIES 9.Selection of Subcontractors,Procurement of Materials and This provision is applicable to all Federal-aid construction contracts Leasing of Equipment:The contractor shall not discriminate on and to all related construction subcontracts of$10,000 or more. the grounds of race,color,religion,sex,national origin,age or disability in the selection and retention of subcontractors,including The contractor must ensure that facilities provided for employees procurement of materials and leases of equipment. The contractor are provided in such a manner that segregation on the basis of shall take all necessary and reasonable steps to ensure race,color,religion,sex,or national origin cannot result. The nondiscrimination in the administration of this contract. contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The a.The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that its employees suppliers and lessors of their EEO obligations under this contract. are not assigned to perform their services at any location,under the contractor's control,where the facilities are segregated. The term b.The contractor will use good faith efforts to ensure subcontractor "facilities"includes waiting rooms,work areas,restaurants and compliance with their EEO obligations. 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 11 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage determination;and This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and lower-tier (ii)The classification is utilized in the area by the construction subcontracts(regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that industry;and is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor (iii)The proposed wage rate,including any bona fide fringe benefits, collectors,which are exempt. Contracting agencies may elect to bears a reasonable relationship to the wage rates contained in apply these requirements to other projects. the wage determination. The following provisions are from the U.S. Department of Labor (2)If the contractor and the laborers and mechanics to be regulations in 29 CFR 5.5"Contract provisions and related matters" employed in the classification(if known),or their with minor revisions to conform to the FHWA-1273 format and representatives,and the contracting officer agree on the FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action 1. Minimum wages taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor,Washington,DC a. All laborers and mechanics employed or working upon the site 20210.The Administrator,or an authorized representative,will of the work,will be paid unconditionally and not less often than approve,modify,or disapprove every additional classification once a week,and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the contracting account(except such payroll deductions as are permitted by officer or will notify the contracting officer within the 30-day regulations issued by the Secretary of Labor under the Copeland period that additional time is necessary. Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment (3)In the event the contractor,the laborers r mechanics to be d computed at rates not less than those contained in the wage employed in the classification or their representatives, t determination of the Secretary of Labor which is attached hereto esentatives,and the and made a part hereof,regardless of any contractual relationship contracting officer not agree on the proposed classification which may be alleged to exist between the contractor and such and wage rate(including the amount designated for fringe laborers and mechanics. benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Wage and Contributions made or costs reasonably anticipated for bona fide Hour Administrator for determination.The Wage and Hour fringe benefits under section 1(b)(2)of the Davis-Bacon Act on Administrator,or an authorized representative,will issue a behalf of laborers or mechanics are considered wages paid to such determination within 30 days of receipt and so advise the laborers or mechanics,subject to the provisions of paragraph 1.d. contracting officer or will notify the contracting officer within the of this section;also,regular contributions made or costs incurred for 30-day period that additional time is necessary. more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, (4)The wage rate(including fringe benefits where appropriate) are deemed to be constructively made or incurred during such determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this weekly period.Such laborers and mechanics shall be paid the section,shall be paid to all workers performing work in the appropriate wage rate and fringe benefits on the wage classification under this contract from the first day on which work determination for the classification of work actually performed, is performed in the classification. without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each c.Whenever the minimum wage rate prescribed in the contract for classification for the time actually worked therein:Provided,That a class of laborers or mechanics includes a fringe benefit which the employer's payroll records accurately set forth the time spent in is not expressed as an hourly rate,the contractor shall either each classification in which work is performed.The wage pay the benefit as stated in the wage determination or shall pay determination(including any additional classification and wage another bona fide fringe benefit or an hourly cash equivalent rates conformed under paragraph 1.b.of this section)and the thereof. Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a d. If the contractor does not make payments to a trustee or other prominent and accessible place where it can be easily seen by the third person,the contractor may consider as part of the wages of workers. any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or b. (1)The contracting officer shall require that any class of program,Provided,That the Secretary of Labor has found,upon the laborers or mechanics,including helpers,which is not listed in the written request of the contractor,that the applicable standards of wage determination and which is to be employed under the contract the Davis-Bacon Act have been met.The Secretary of Labor may shall be classified in conformance with the wage determination.The require the contractor to set aside in a separate account assets for contracting officer shall approve an additional classification and the meeting of obligations under the plan or program. wage rate and fringe benefits therefore only when the following criteria have been met: Page 12 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 2. Withholding current address of each covered worker,and shall provide them upon request to the contracting agency for transmission to the The contracting agency shall upon its own action or upon written State DOT,the FHWA or the Wage and Hour Division of the request of an authorized representative of the Department of Labor, Department of Labor for purposes of an investigation or audit of withhold or cause to be withheld from the contractor under this compliance with prevailing wage requirements.It is not a violation contract,or any other Federal contract with the same prime of this section for a prime contractor to require a subcontractor to contractor,or any other federally-assisted contract subject to Davis- provide addresses and social security numbers to the prime Bacon prevailing wage requirements,which is held by the same contractor for its own records,without weekly submission to the prime contractor,so much of the accrued payments or advances as contracting agency. may be considered necessary to pay laborers and mechanics, including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required (2) Each payroll submitted shall be accompanied by a"Statement by the contract. In the event of failure to pay any laborer or of Compliance,"signed by the contractor or subcontractor or his mechanic,including any apprentice,trainee,or helper,employed or or her agent who pays or supervises the payment of the working on the site of the work,all or part of the wages required by persons employed under the contract and shall certify the the contract,the contracting agency may,after written notice to the following: contractor,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds (i)That the payroll for the payroll period contains the information until such violations have ceased. required to be provided under§5.5(a)(3)(ii)of Regulations,29 CFR part 5,the appropriate information is being maintained 3. Payrolls and basic records under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a (ii)That each laborer or mechanic(including each helper, period of three years thereafter for all laborers and mechanics apprentice,and trainee)employed on the contract during the working at the site of the work.Such records shall contain the payroll period has been paid the full weekly wages earned, name,address,and social security number of each such worker, without rebate,either directly or indirectly,and that no his or her correct classification,hourly rates of wages paid deductions have been made either directly or indirectly from the (including rates of contributions or costs anticipated for bona fide full wages earned,other than permissible deductions as set fringe benefits or cash equivalents thereof of the types described in forth in Regulations,29 CFR part 3; section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. (iii)That each laborer or mechanic has been paid not less than the Whenever the Secretary of Labor has found under 29 CFR applicable wage rates and fringe benefits or cash equivalents 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the for the classification of work performed,as specified in the amount of any costs reasonably anticipated in providing benefits applicable wage determination incorporated into the contract. under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that (3)The weekly submission of a properly executed certification set the plan or program is financially responsible,and that the plan or forth on the reverse side of Optional Form WH-347 shall program has been communicated in writing to the laborers or satisfy the requirement for submission of the"Statement of mechanics affected,and records which show the costs anticipated Compliance"required by paragraph 3.b.(2)of this section. or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall (4)The falsification of any of the above certifications may subject maintain written evidence of the registration of apprenticeship the contractor or subcontractor to civil or criminal prosecution programs and certification of trainee programs,the registration of under section 1001 of title 18 and section 231 of title 31 of the the apprentices and trainees,and the ratios and wage rates United States Code. prescribed in the applicable programs. c b. (1)The contractor shall submit weekly for each week in which .The contractor or subcontractor shall make the records any contract work is performed a copy of all payrolls to the required under paragraph 3.a.of this section available for authorized contracting agency. The payrolls submitted shall set out accurately inspection,copying,or transcription and completely all of the information required to be maintained representatives the contracting agency,the State DOT,the under 29 CFR 5.5(a)(3)(i),except that full social security numbers FHWA, the Department of Labor,and shall permit such and home addresses shall not be included on weekly transmittals. representatives tives to interview employees during working hours Instead the payrolls shall only need to include an individually on the job.If the contractor or subcontractor fails to submit the re identifying number for each employee(e.g. ,the last four digits of required records or to make them available,the FHWA may, the employee's social security number).The required weekly payroll after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to information may be submitted in any form desired.Optional Form , WH-347 is available for this purpose from the Wage and Hour cause the suspension rt any further payment,advance,or Division Web site at guarantee of funds.Furthermore,failure to submit the required Division We site /esa/whd/forms/wh347instr.htm or its successor records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and subcontractors shall maintain the full social security number and Page 13 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 4. Apprentices and trainees The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment a.Apprentices(programs of the USDOL). and Training Administration. A Every trainee must be paid at not less than the rate specified in the Apprentices will be permitted to work at less than the predetermined approved program for the trainee's level of progress,expressed as rate for the work they performed when they are employed pursuant a percentage of the journeyman hourly rate specified in the to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor,Employment and applicable wage determination.Trainees shall paid fringe If Training Administration,Office of Apprenticeship Training,Employer benefits in accordance with the provisions of thea trainee program.the trainee program does not mention fringe benefits,trainees shall and Labor Services,or with a State Apprenticeship Agency be paid the full amount of fringe benefits listed recognized by the Office,or if a person is employed in his or her the wage first 90 days of probationary employment as an apprentice in such determination unless the Administrator of the Wage and Hour an apprenticeship program,who is not individually registered in the Division determines that there gj apprenticeship program associated with the corresponding j program,but who has been certified by the Office of Apprenticeship journeyman wage rate the Training, Employer and Labor Services or a State Apprenticeship wage determination which provides for less than full fringe benefits b Agency where appropriate)to be eli able for probationary for apprentices.Any employee listed on the payroll at a trainee rate g y( g p ry who is not registered and participating in a training plan approved employment as an apprentice. by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for The allowable ratio of apprentices to journeymen on the job site in the classification of work actually performed. In addition,any trainee any craft classification shall not be greater than the ratio permitted performing work on the job site in excess of the ratio permitted to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the program.Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the work who is not registered or otherwise employed as stated above,shall actually performed. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In In the event the Employment and Training Administration withdraws addition,any apprentice performing work on the job site in excess approval of a training program,the contractor will no longer be of the ratio permitted under the registered program shall be paid not permitted to utilize trainees at less than the applicable less than the applicable wage rate on the wage determination for predetermined rate for the work performed until an acceptable the work actually performed.Where a contractor is performing program is approved. construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the c.Equal employment opportunity.The utilization of apprentices, contractor's or subcontractor's registered program shall be trainees and journeymen under this part shall be in conformity observed. with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, d.Apprentices and Trainees(programs of the U.S.DOT). expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid Apprentices and trainees working under apprenticeship and skill fringe benefits in accordance with the provisions of the training programs which have been certified by the Secretary of apprenticeship program. If the apprenticeship program does not Transportation as promoting EEO in connection with Federal-aid specify fringe benefits,apprentices must be paid the full amount of highway construction programs are not subject to the requirements fringe benefits listed on the wage determination for the applicable of paragraph 4 of this Section IV.The straight time hourly wage classification. If the Administrator determines that a different rates for apprentices and trainees under such programs will be practice prevails for the applicable apprentice classification,fringes established by the particular programs.The ratio of apprentices and shall be paid in accordance with that determination. trainees to journeymen shall not be greater than permitted by the terms of the particular program. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by S.Compliance with Copeland Act requirements. The contractor the Office,withdraws approval of an apprenticeship program,the shall comply with the requirements of 29 CFR part 3,which are contractor will no longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is approved. 6.Subcontracts. The contractor or subcontractor shall insert b.Trainees(programs of the USDOL). Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the Except as provided in 29 CFR 5.16,trainees will not be permitted to compliance by any subcontractor or lower tier subcontractor with all work at less than the predetermined rate for the work performed the contract clauses in 29 CFR 5.5. unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal 7.Contract termination:debarment. A breach of the contract certification by the U.S.Department of Labor,Employment and clauses in 29 CFR 5.5 may be grounds for termination of the Training Administration. contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Page 14 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273--Revised May 1,2012 8.Compliance with Davis-Bacon and Related Act requirements. 3.Withholding for unpaid wages and liquidated damages.The All rulings and interpretations of the Davis-Bacon and Related Acts FHWA or the contacting agency shall upon its own action or upon contained in 29 CFR parts 1,3,and 5 are herein incorporated by written request of an authorized representative of the Department of reference in this contract. Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor 9.Disputes concerning labor standards.Disputes arising out of under any such contract or any other Federal contract with the the labor standards provisions of this contract shall not be subject to same prime contractor,or any other federally-assisted contract the general disputes clause of this contract.Such disputes shall be subject to the Contract Work Hours and Safety Standards Act, resolved in accordance with the procedures of the Department of which is held by the same prime contractor,such sums as may be Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the determined to be necessary to satisfy any liabilities of such meaning of this clause include disputes between the contractor(or contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2.)of this any of its subcontractors)and the contracting agency,the U.S. section. Department of Labor,or the employees or their representatives. 10.Certification of eligibility. 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 a.By entering into this contract,the contractor certifies that neither include these clauses in any lower tier subcontracts.The prime it(nor he or she)nor any person or firm who has an interest in the contractor shall be responsible for compliance by any subcontractor contractor's firm is a person or firm ineligible to be awarded or lower tier subcontractor with the clauses set forth in paragraphs Government contracts by virtue of section 3(a)of the Davis- (1.)through(4.)of this section. Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or VI.SUBLETTING OR ASSIGNING THE CONTRACT firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). This provision is applicable to all Federal-aid construction contracts on the National Highway System. c.The penalty for making false statements is prescribed in the U.S. 1.The contractor shall perform with its own organization contract Criminal Code, 18 U.S.C. 1001. work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total V. CONTRACT WORK HOURS AND SAFETY STANDARDS original contract price,excluding any specialty items designated ACT by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items The followingclauses apply to an Federal-aid construction contract Performed may be deducted from the total original contract price PP Y Y before computing the amount of work required to be performed in an amount in excess of$100,000 and subject to the overtime by the contractor's own organization(23 CFR 635.116). provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required a. The term"perform work with its own organization"refers to by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the workers employed or leased by the prime contractor,and terms laborers and mechanics include watchmen and guards. equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or 1.Overtime requirements. No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor, contracting for any part of the contract work which may require or agents of the prime contractor,or any other assignees. The involve the employment of laborers or mechanics shall require or term may include payments for the costs of hiring leased permit any such laborer or mechanic in any workweek in which he employees from an employee leasing firm meeting all relevant or she is employed on such work to work in excess of forty hours in Federal and State regulatory requirements. Leased such workweek unless such laborer or mechanic receives employees may only be included in this term if the prime compensation at a rate not less than one and one-half times the contractor meets all of the following conditions: basic rate of pay for all hours worked in excess of forty hours in such workweek. (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 2.Violation;liability for unpaid wages;liquidated damages. In work of the leased employees; the event of any violation of the clause set forth in paragraph(1.)of (3)the prime contractor retains all power to accept or exclude this section,the contractor and any subcontractor responsible individual employees from work on the project;and therefor shall be liable for the unpaid wages. In addition,such (4)the prime contractor remains ultimately responsible for the contractor and subcontractor shall be liable to the United States(in payment of predetermined minimum wages,the submission of the case of work done under contract for the District of Columbia or payrolls,statements of compliance and all other Federal a territory,to such District or to such territory),for liquidated regulatory requirements. damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and b."Specialty Items"shall be construed to be limited to work that guards,employed in violation of the clause set forth in paragraph requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Page 15 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 (1.)of this section,in the sum of$10 for each calendar day on which In order to assure high quality and durable construction in such individual was required or permitted to work in excess of the conformity with approved plans and specifications and a high standard workweek of forty hours without payment of the degree of reliability on statements and representations made by overtime wages required by the clause set forth in paragraph(1.) engineers,contractors,suppliers,and workers on Federal-aid of this section. highway projects,it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with 2.The contract amount upon which the requirements set forth in respect to any facts related to the project is a violation of Federal paragraph(1)of Section VI is computed includes the cost of law. To prevent any misunderstanding regarding the seriousness of material and manufactured products which are to be purchased these and similar acts,Form FHWA-1022 shall be posted on each or produced by the contractor under the contract provisions. Federal-aid highway project(23 CFR 635)in one or more places where it is readily available to all persons concerned with the 3.The contractor shall furnish(a)a competent superintendent or project: supervisor who is employed by the firm,has full authority to direct performance of the work in accordance with the contract requirements,and is in charge of all construction operations 18 U.S.C. 1020 reads as follows: (regardless of who performs the work)and(b)such other of its own organizational resources(supervision,management,and 'Whoever,being an officer,agent,or employee of the United engineering services)as the contracting officer determines is States,or of any State or Territory,or whoever,whether a person, necessary to assure the performance of the contract. association,firm,or corporation,knowingly makes any false statement,false representation,or false report as to the character, 4.No portion of the contract shall be sublet,assigned or otherwise quality,quantity,or cost of the material used or to be used,or the disposed of except with the written consent of the contracting quantity or quality of the work performed or to be performed,or the officer,or authorized representative,and such consent when cost thereof in connection with the submission of plans,maps, given shall not be construed to relieve the contractor of any specifications,contracts,or costs of construction on any highway or responsibility for the fulfillment of the contract. Written consent related project submitted for approval to the Secretary of will be given only after the contracting agency has assured that Transportation;or each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the 5.The 30%self-performance requirement of paragraph(1)is not character,quality,quantity,or cost of any work performed or to be applicable to design-build contracts;however,contracting performed,or materials furnished or to be furnished,in connection agencies may establish their own self-performance requirements with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false VII.SAFETY:ACCIDENT PREVENTION representation as to material fact in any statement,certificate,or report submitted pursuant to provisions of the Federal-aid Roads This provision is applicable to all Federal-aid construction contracts Act approved July 1, 1916,(39 Stat.355),as amended and and to all related subcontracts. supplemented; 1. In the performance of this contract the contractor shall comply Shall be fined under this title or imprisoned not more than 5 years with all applicable Federal,State,and local laws governing or both." safety,health,and sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL and take any other needed actions as it determines,or as the WATER POLLUTION CONTROL ACT contracting officer may determine,to be reasonably necessary This provision is applicable to all Federal-aid construction contracts to protect the life and health of employees on the job and the and to all related subcontracts. safety of the public and to protect property in connection with the performance of the work covered by the contract. By submission of this bid/proposal or the execution of this contract, or subcontract,as appropriate,the bidder,proposer,Federal-aid 2. It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to construction contractor,or subcontractor,as appropriate,will be this contract,that the contractor and any subcontractor shall not deemed to have stipulated as follows: permit any employee,in performance of the contract,to work in 1.That any person who is or will be utilized in the performance of surroundings or under conditions which are unsanitary, this contract is not prohibited from receiving an award due to a hazardous or dangerous to his/her health or safety,as violation of Section 508 of the Clean Water Act or Section 306 of determined under construction safety and health standards(29 the Clean Air Act. CFR 1926)promulgated by the Secretary of Labor,in 2.That the contractor agrees to include or cause to be included the accordance with Section 107 of the Contract Work Hours and requirements of paragraph(1)of this Section X in every Safety Standards Act(40 U.S.C.3704). subcontract,and further agrees to take such action as the 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that contracting agency may direct as a means of enforcing such the Secretary of Labor or authorized representative thereof,shall requirements. have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Page 16 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 Secretary under Section 107 of the Contract Work Hours and X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, Safety Standards Act(40 U.S.C.3704). INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, VIII.FALSE STATEMENTS CONCERNING HIGHWAY design-build contracts,subcontracts,lower-tier subcontracts, PROJECTS purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA approval or that is This provision is applicable to all Federal-aid construction contracts estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 and to all related subcontracts. and 1200. h.A participant in a covered transaction may rely upon a certification 1.Instructions for Certification—First Tier Participants: of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from a.By signing and submitting this proposal,the prospective first tier the covered transaction,unless it knows that the certification is participant is providing the certification set out below. erroneous. A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to b.The inability of a person to provide the certification set out below participate in covered transactions. To verify the eligibility of its will not necessarily result in denial of participation in this covered principals,as well as the eligibility of any lower tier prospective transaction.The prospective first tier participant shall submit an participants,each participant may,but is not required to,check the explanation of why it cannot provide the certification set out below. Excluded Parties List System website(https://www.epls.izovn,which The certification or explanation will be considered in connection is compiled by the General Services Administration. with the department or agency's determination whether to enter into this transaction. However,failure of the prospective first tier i.Nothing contained in the foregoing shall be construed to require participant to furnish a certification or an explanation shall the establishment of a system of records in order to render in good disqualify such a person from participation in this transaction. faith the certification required by this clause.The knowledge and information of the prospective participant is not required to exceed c.The certification in this clause is a material representation of fact that which is normally possessed by a prudent person in the upon which reliance was placed when the contracting agency ordinary course of business dealings. determined to enter into this transaction.If it is later determined that the prospective participant knowingly rendered an erroneous j.Except for transactions authorized under paragraph(f)of these certification,in addition to other remedies available to the Federal instructions,if a participant in a covered transaction knowingly Government,the contracting agency may terminate this enters into a lower tier covered transaction with a person who is transaction for cause of default. suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies d.The prospective first tier participant shall provide immediate written available to the Federal Government,the department or agency notice to the contracting agency to whom this proposal is may terminate this transaction for cause or default. 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. 2. Certification Regarding Debarment,Suspension,Ineligibility e.The terms"covered transaction,""debarred,""suspended," and Voluntary Exclusion—First Tier Participants: "ineligible,""participant,""person," "principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 a.The prospective first tier participant certifies to the best of its and 1200. "First Tier Covered Transactions"refers to any covered knowledge and belief,that it and its principals: transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier (1) Are not presently debarred,suspended,proposed for Covered Transactions"refers to any covered transaction under a debarment,declared ineligible,or voluntarily excluded from First Tier Covered Transaction(such as subcontracts). "First Tier participating in covered transactions by any Federal department Participant"refers to the participant who has entered into a or agency; covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" (2)Have not within a three-year period preceding this proposal refers any participant who has entered into a covered transaction been convicted of or had a civil judgment rendered against them with a First Tier Participant or other Lower Tier Participants(such for commission of fraud or a criminal offense in connection with as subcontractors and suppliers). obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction; f. The prospective first tier participant agrees by submitting this violation of Federal or State antitrust statutes or commission of proposal that,should the proposed covered transaction be entered embezzlement,theft,forgery,bribery,falsification or destruction into,it shall not knowingly enter into any lower tier covered of records,making false statements,or receiving stolen transaction with a person who is debarred,suspended,declared property; ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency (3) Are not presently indicted for or otherwise criminally or civilly entering into this transaction. charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph g.The prospective first tier participant further agrees by submitting (a)(2)of this certification;and this proposal that it will include the clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary (4) Have not within a three-year period preceding this Exclusion-Lower Tier Covered Transactions,"provided by the application/proposal had one or more public transactions department or contracting agency,entering into this covered (Federal,State or local)terminated for cause or default. Page 17 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 transaction,without modification,in all lower tier covered b.Where the prospective participant is unable to certify to any of transactions and in all solicitations for lower tier covered the statements in this certification,such prospective participant transactions exceeding the$25,000 threshold. shall attach an explanation to this proposal. 2.Instructions for Certification-Lower Tier Participants: i.Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly (Applicable to all subcontracts,purchase orders and other lower tier enters into a lower tier covered transaction with a person who is transactions requiring prior FHWA approval or estimated to cost suspended,debarred,ineligible,or voluntarily excluded from $25,000 or more-2 CFR Parts 180 and 1200) participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency a.By signing and submitting this proposal,the prospective lower tier with which this transaction originated may pursue available is providing the certification set out below. remedies,including suspension and/or debarment. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was Certification Regarding Debarment,Suspension,Ineligibility entered into. If it is later determined that the prospective lower tier and Voluntary Exclusion--Lower Tier Participants: participant knowingly rendered an erroneous certification, in 1.The prospective lower tier participant certifies,by submission of addition to other remedies available to the Federal Government, this proposal,that neither it nor its principals is presently the department,or agency with which this transaction originated debarred,suspended,proposed for debarment,declared may pursue available remedies,including suspension and/or ineligible,or voluntarily excluded from participating in covered debarment. transactions by any Federal department or agency. c.The prospective lower tier participant shall provide immediate 2.Where the prospective lower tier participant is unable to certify to written notice to the person to which this proposal is submitted if any of the statements in this certification,such prospective at any time the prospective lower tier participant learns that its participant shall attach an explanation to this proposal. certification was erroneous by reason of changed circumstances. ***** d.The terms"covered transaction,""debarred,""suspended," XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS "ineligible,""participant,""person,""principal,"and"voluntarily FOR LOBBYING excluded,"as used in this clause,are defined in 2 CFR Parts 180 This provision is applicable to all Federal-aid construction contracts and 1200. You may contact the person to which this proposal is and to all related subcontracts which exceed$100,000(49 CFR submitted for assistance in obtaining a copy of those regulations. 20). "First Tier Covered Transactions"refers to any covered 1.The prospective participant certifies,by signing and submitting transaction between a grantee or subgrantee of Federal funds this bid or proposal,to the best of his or her knowledge and and a participant(such as the prime or general contract). "Lower belief,that: Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). a.No Federal appropriated funds have been paid or will be paid, "First Tier Participant"refers to the participant who has entered by or on behalf of the undersigned,to any person for influencing into a covered transaction with a grantee or subgrantee of or attempting to influence an officer or employee of any Federal Federal funds(such as the prime or general contractor). "Lower agency,a Member of Congress,an officer or employee of Tier Participant"refers any participant who has entered into a Congress,or an employee of a Member of Congress in covered transaction with a First Tier Participant or other Lower connection with the awarding of any Federal contract,the Tier Participants(such as subcontractors and suppliers). making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement,and the e.The prospective lower tier participant agrees by submitting this extension,continuation,renewal,amendment,or modification of proposal that,should the proposed covered transaction be any Federal contract,grant,loan,or cooperative agreement. entered into,it shall not knowingly enter into any lower tier b.If any funds other than Federal appropriated funds have been covered transaction with a person who is debarred,suspended, paid or will be paid to any person for influencing or attempting to declared ineligible,or voluntarily excluded from participation in influence an officer or employee of any Federal agency,a this covered transaction,unless authorized by the department or Member of Congress,an officer or employee of Congress,or an agency with which this transaction originated. employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the f.The prospective lower tier participant further agrees by submitting undersigned shall complete and submit Standard Form-LLL, this proposal that it will include this clause titled"Certification "Disclosure Form to Report Lobbying,"in accordance with its Regarding Debarment,Suspension, Ineligibility and Voluntary instructions. Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for 2• lower tier covered transactions exceeding the$25,000 threshold. This certification is a material representation fact upon which reliance was placed when this transaction was made or entered g.A participant in a covered transaction may rely upon a into. Submission of this certification is a prerequisite for making certification of a prospective participant in a lower tier covered or entering into this transaction imposed by 31 U.S.C. 1352. transaction that is not debarred,suspended,ineligible,or Any person who fails to file the required certification shall be voluntarily excluded from the covered transaction,unless it knows subject to a civil penalty of not less than$10,000 and not more that the certification is erroneous.A participant is responsible for than$100,000 for each such failure. ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as the eligibility of any 3.The prospective participant also agrees by submitting its bid or lower tier prospective participants,each participant may,but is proposal that the participant shall require that the language of not required to,check the Excluded Parties List System website this certification be included in all lower tier subcontracts,which Page 18 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273-- Revised May 1,2012 (htips://www.epis.govn,which is compiled by the General Services exceed information of participant is not required to exceed that Administration. which is$100,000 and that all such recipients shall certify and disclose accordingly. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and normally possessed by a prudent person in the ordinary course of business dealings. Page 19 of 23 January 2019 i I PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated September 2 ,2020,entered into a contract with Craft Contracting i 23846 Sunnymead Blvd.,Ste 10,Moreno Valley,CA 92553 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Erection of signature series 60x195 feet building and hardware for Huntington Beach Sprung Structure at Huntington Beach Navigation Center (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 The Ohio Casualty Insurance Company 790 The City Drive South,Ste 200,Orange,CA 92868 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two hundred thirty thousand five hundred eighty two and 27/100 Dollars($ 230.582.27 ),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 15-4584/117174 i Bond No. 24244518 Bond Premium: $5,765.00 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 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:9/24/2020 ATTEST Craft Contracting (Corporate Seal) (Principal Name) Name: Title: CC ATTEST The CA—id-Casuaftv ldsNaAe Company (Corporate Seal) rety Na e) By: Ashle Kinc Name JA `:,�; V nature of Attor -in- ac fc Surety) (Attach Attomey-in-Fact Certificate) 714-634-5717 (Area Code&Telephone Number for Surety) APPROVED AS TO F By: t4aelE.Gates,City Attorney 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 15-4584/117174 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) 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 Riverside On September 24,2020 before me, Stacey Polk,Notary Public (insert name and title of the officer), personally appeared Shane Demelo who proved to me on the basis of satisfactory evidence to be the person() 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(iei§), and that by his/ham/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(syacted, 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. °`ra STACEY POLK WITNESS my hand and official seal. Notary Public•California F Riverside County Commission#2311507 Comm. Expires Nov 13,2023 Signature f Ck-f�� L (Seal) Copyright©2018 NotaryAcknowledgement.com.All Rights Reserved. CALIFORNIA 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 l County of San Bernardino J} On September 24, 2020 before me, Whitney B. Conner, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ashley King 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 WHITNEY B.CONNER laws of the State of California that the foregoing COMM.# 2302668 paragraph is true and correct. NOTARY PUBLIC-CALIFORNIA z SANBERNARDINOCOUNTv WITNESS my hand and official seal. em,Comm.Expires AUGUST 23.2023 Signature ✓�� Q.� FJ Place Notary Seal and/or Stamp Above Signature f Notary Public 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: Performance Bond-Craft Contracting Document Date: September 24.2020 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ------------------ ©2018 National Notary Association This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. T i e T Certificate No.8196462-971988 1. lJ 1 a,�' Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Tonia C. Dishmon•Amanda Johnson;Ashley King;Alissa Lehman;Tamara M. Lentz;Christopher J.Moore;Judith A.Randolph;Jaime A. Randolph; Jessica Ann Romero all of the city of REDLANDS state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of September 2018 �a ,11(INSU �1NSUR NINSUR QJ�o�ORArFo y2� J�J?off°Mro"rF The Ohio Casualty Insurance Company y 0 a Q Liberty Mutual Insurance Company 0)919 Z y 1912 y 1991 West American Insurance Company N U; dh �HAMPs as J ssA rus �2 3 HoinNP � 0) 1 d By: STATE OF PENNSYLVANIA ss David M.Carey, ssistant Secretary ca COUNTY OFMONTGOMERY C dC� On this loth day of September 2018 ,before me personally appeared David M.Carey,who acknowledged himself to'be the Assistant Secretary of Liberty Mutual Insurance v F- v ty Company,The Ohio Casualty Company,and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,W p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. tts = L E .L'+ > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O C. CD y 5p PAST COMMONWEALTH OF PENNSYLVANIA // Y � T//I�cZZC Q M o�Mor+w�F� ` � Notarial Seal `�' y f- = v Teresa Pastella,Notary Public By: O O i q of F,, per MerionTwp.,Montgomery County Teresa Pastella,Notary Public _ LO 2wSYt. d�PG Commission Expires March 28,2021 O tQ yd Orq� ��. Member,Pennsylvania Association of Notaries a R CThis Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual W p rL, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r ai rya d ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C a; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >y O S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 3 E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so Iv p M executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > CD the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. rC-4 ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, , L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, !M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C00 z U respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 CD executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 cfl Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~r fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 4 th day of September 20 2 O INSU9 P`1NSURq PN tNSURq �J��oaroR�rFo 92 JJ2�opPo2yrE"t'F WQ`o�oaPow�r�"(F ,++y p 1919 0 1912 3 e 1991 By: Renee C.Uew ssistant Secretary ��HAMPS''n'aD �)�RSSACHUSC' !� � /NDIANP � tit * Ta 148 of 500 LMS_12873_052018 PAYMENT BOND (LABOR AND MATERIALS) Bond No.24244518 KNOW ALL PERSONS BY THESE PRESENTS: Bond Premium:incl.in Perf.Bond WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to Craft Contracting 23846 Sunnymead Blvd Ste 10 Moreno Valley.CA 92553 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Erection of signature series 60x195 feet building and hardware for Huntington Beach Sprung Structure at Huntington Beach Navigation Center (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, materialmen,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 Califomia Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and The Ohio Casualty Insurance Company 790 The Ci1y Drive South,Ste 200,Orange CA 92868 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two hundred thirty thousand five hundred eighty two and 27/100 dollars($ 230,582.27 ),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. PAYMENTBOND Page 1 of 2 15-4584/117357 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: 9/24/2020 ATTEST Craft Contracting (Corporate Seal) (Principal Name) By: --) h a4%.P- Name: ILIA ,AA Title: ATTEST The Oh Casual ura ce Company (Corporate Seal) rety ame) By. Ashley King Name: nature ofA� r"ey-in a t for Surety) (Attach Attomey-in-Fact Certificate) (_) 714-634-5717 (Area Code$Telephone Number for Surety) APPROVED A5 rTM: By: hael E.Gates, ity ttomey 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. PAYMENT BOND Page 2 of 2 1 5-45 84/1 1 73 5 7 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) 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 Riverside On September 24,2020 before me, Stacey Polk,Notary Public (insert name and title of the officer), personally appeared Shane Demelo who proved to me on the basis of satisfactory evidence to be the person(s�whose name(sl is/.ar6 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/b€r/the r authorized capacity(os), and that by his/h€r/th€ir signature(s�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. , Notary Public•California Riverside County ^` Commission#2311507 My Comm.Expires Nov 13,2023 r Signature �� CQ-�/� C 4 --- (Seal) Copyright©2018 NotaryAcknowledgement.com.All Rights Reserved. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 NEWER 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 San Bernardino On September 24, 2020 before me, Whitney B. Conner, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ashley King 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 WHITNEY S.CONNER laws of the State of California that the foregoing COMM.# 2302668 paragraph is true and correct. NOTARY PUBLIC-CALIFORNIA SANBERNARDIN000UNW WITNESS my hand and official seal. My Comm.Expires AUGUST 23,2W3 Signature - Place Notary Seal and/or Stamp Above Signature o Notary Public 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: Payment Bond-Craft Contracting Document Date: September 24 2020 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Certificate No.8196461—971988 7 Liberty Mutual Insurance Company MUtum. The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Tonia C. Dishmon;Amanda Johnson;Ashley King;Alissa Lehman;Tamara M. Lentz;Christopher J.Moore;Judith A. Randolph;Jaime A. Randolph; Jessica Ann Romero all of the city of REDLAN DS state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of September 2018 j c4 INS JP�oMokA(j99 �JP o vo Uqq� C,PN tNo uRAti N Q 20 Fo 2r, a �� rWTFo rF �P?coM RATFo�F The Ohio Casualty Insurance Company N p 1919 n F o Q Liberty Mutual Insurance Company m o 191z 3 1991 e West American Insurance Company e D 3 5 a 2 U) m SSACHUSE !� NOIANP F d 1 # r * t u�/•J/ i1 4) By: > = STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary c �a i COUNTY OF MONTGOMERY C to CDOn this 10th day of September 2018 ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v f— v am Company,The Ohio Casualty Company, and West American Insurance Company, and that he,as such, being authorized so to do, execute the foregoing instrument for the purposes dN`p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. =lL t0 E at > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. r t? d 9P PAST` COMMONWEALTH OF PENNSYLVANIA �G%�� .� WQ o�w,or+w��FC =T.r..a ial Seal _ O.4 r(p A- Q = v a,Notary Public By e M Cu OF L�C 0 ` Montgomery County Teresa Pastella,Notary Public` ��Q pires March 28,2021 d O 2 NSy�JP �G gq �,p�. Member,Pennsylvania Association of Notaries a ar O d FryYam- C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .0 p Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w o c�a L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C w; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, > y O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective -a $ E m powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so C cc executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >Q the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. CC r� = ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E , > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L C'4 o seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =o? Z respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O m Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 4 th day of m er 20 2 O INSU �tNsuq NMSuq �LOFF0R9lFO Ni`� jJ��OpgOF.9TO��F �P`?C�0.P0{IgTQ�'(F n o� 1919 1912 3 1991 3 By: taw Renee C.Llewe , ssistant Secretary 147 of 500 LMS_12873_052018 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 242445/8 That Craft Contracting (contractor's name) 23846 Sunnymead Blvd,Ste 10,Moreno Valley,CA 92553 (contractor's street address,city and state and zip code) as Principal (hereinafter called Contractor),and: The Ohio Casualty Insurance Company (surety's name) P 790 The City Drive South,Ste 200,Orange,CA 92868 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of CA with its principal office in the City of New Hampshire as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of two hundred thirty thousand five hundred eighty two and 27/loo Dollars ($ 230,582.27 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient 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,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;and Contractor has by written agreement dated September2 2020,entered into a contract with Owner for the City of HUntington Beach Navigation Center in accordance with drawings and specifications prepared by The City which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed, and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be September 24 ,2020, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30) days after receipt of a written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 24th day of September 20 20 Principal Raised Corporate Seal Craft Contracting [MUST BE AFFIXED] (Contractor Name) 1 By: "41WILC {'��l�J— (Seal) Principal Raised Corporate Seal P P [MUST BE AFFIXED] (Title) The Ohio Casualty Insurance Company (Sur ty Name) By: (Seal) APPROVED AS RM: B NOTES: ChaeI E. Ga es, City Attorney 1. Acknowledgments must be completed and returned as part of the bond. ;0 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) 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 Riverside On September 24,2020 before me, Stacey Polk,Notary Public (insert name and title of the officer), personally appeared Shane Demelo who proved to me on the basis of satisfactory evidence to be the person(sa whose name(sf is/are subscribed to the within instrument and acknowledged to me that he/slx6/tKey executed the same in his/faI90/thir authorized capacity(ies), and that by his/"r/their signature(s�on the instrument the person or the entity upon behalf of which the person(syacted, 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. WY STACEY POLK WITNESS my hand and official seal. Notary Public•California Riverside CountyCommission#2311507 Comm,Expires Nov 13,2023 + Signature C A 1�-- (Seal) J Copyright©2018 NotaryAcknowledgement.com.All Rights Reserved. CALIFORNIA 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 1 County of San Bernardino J} On September 24, 2020 before me, Whitney B. Conner, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ashley King Nome(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 WFII EY B.CONNER laws of the State of California that the foregoing COMM.# 2302668 paragraph is true and correct. %my NOTARY PUBLIC-CALIFORNIA 9 SANBERNARDINOCOUNTY WITNESS my hand and ofcial seal. Comm.Expires AUGUST 23,2023 Signature �V1A�V�.I C�• C/C,II �//tci� Place Notary Seal and/or Stamp Above Signatur f Notary Public 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: Maintenance Bond-Craft Contracting Document Date: September 24,2020 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Certificate No.8196460—971 988 7 Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Tonia C. Dishmon;Amanda Johnson;Ashley King;Alissa Lehman;Tamara M.Lentz;Christopher J. Moore;Judith A. Randolph;Jaime A. Randolph; Jessica Ann Romero all of the city of REDLANDS state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of September 2018 P�ZY INSU,9 P0NSUR PA1NSURq QJ ORA "9i`C` JJ ,°RPOR9rF N(F WQ:�'?�o�O�'7tE�C The Ohio Casualty Insurance Company N m n o Liberty Mutual Insurance Company m p 1919 n > o a z 3 1912 W 1991 West American Insurance Company y y .J,S,�1'HAMPS�a'a ) SSACNUS r= � NDIANN m 1 * * * * By: >, STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary L COUNTY OF MONTGOMERY C is dOn this 10th day of September 2018 ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c�i F— a) Company, The Ohio Casualty Company,and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,W p therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ La. E ti > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O CL y gP PAST COMMONWEALTH OF PENNSYLVANIA o�MONw <' Notarial Seal ��"-' "`'�"" 4 U Z v Teresa Pastella,Notary Public By: O ` g OF Upper MerionTwp.,Montgomery County Teresa Pastella,Notary Public d O 2'`ryt. ��PG My Commission Expires March 28,2021 30 10 JP (ITO �4RY��V Member,Pennsylvania Association of Notaries d C p This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .U)p ai Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w Im rn m L ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C a? to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, > O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective -a 3 E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so as G M executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. I* w� � ARTICLE XIII-Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E , > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =CO Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O m Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this2 4 th day of September ,20 2 0 INSU �,WSUq N1NSUq 2ooaPo,WrFo9Z� jJ�pPPoaATo��F ,,Q`�°�OR'9To��F `J`� p 1919 1912 ° ¢ 1991 3 By: p r 3 0 Renee C.Llewe ssistant Secretary `J,y�HAMPS�tJa �)955ACHUS`' p2 � �NDIAId P• � 146 of 500 LMS_12873_052018 ACORO® DATE(MMIDDIYYYY) `C CERTIFICATE OF LIABILITY INSURANCE 09/24/2020 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 Linda Meinzer NAME: Canyon Crest Insurance Service,Inc. A'CC. Ezt: (951)784-0311 A/c,No: (951)784-5433 License#OD51775 E-MAIL Linda@canyoncrestins.com ADDRESS: 5051 Canyon Crest Dr.#104 INSURER(S)AFFORDING COVERAGE NAIC If Riverside CA 92507 INSURERA: MESA UNDERWRITERS SPECIALTY INS CO 36838 INSURED INSURER B: STARNET INSURANCE COMPANY 40045 CRAFT CONTRACTING,DBA:CRAFT GENERAL CONSTRUCTION INSURER C: AMGUARD INSURANCE COMPANY 42390 P.O. BOX 1355 INSURER D: EMC INSURANCE COMPANIES 21415 INSURER E MORENO VALLEY CA 92556 INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 REVISION NUMBER: 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 ADUL SLIUR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIOD/YYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 �/ A A 100,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y MPOO82001002373 06/28/2020 06/28/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [g JECTPRI LOC PRODUCTS-COMP/OPAGG g 2,000,000 OTHER Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED X SCHEDULED Y CRAU011965 10/05/2019 10/05/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ �,/ OTH- ER $ WORKERS COMPENSATION STATUTE AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? ❑ NIA BNUWC0149464 1 D/10/2019 10/10/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ CONTRACTORS EQUIP LEASED/ $250,000 LIMIT $1,000 DED D RENTED FROM OTHERS 5A87761 05/25/2020 05/25/2021 ACTUAL CASH VALUE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#.20078 Job Type:] �r The City of Huntington Beach,its Officers,elected or appointed officials,employees,agents anAR PT tR(3V datjA 3 aTOditiohal insureds as respects: Job 20078-City of Huntington Beach Sprung By: CERTIFICATE HOLDER CANC N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN ST AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: KAP0082001002373 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OW"=E.°=~x LESSEES OR ��������0����*�������� ~� y�������� ��� n�x �� CONTRACTORS N������ � n�����m �� (FORM � This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person mrOrganization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as. io�afforded by this policy,but only with respect to(1)occurrences taking place after such written contract has been executed and CQ occurrences naou|dng from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. qualifies "insured" undertheaboveU paragraph additio' '--rs|oon or �u~d solely with respectho such additionm| insupad's liability for "bodily injury,' property damage" or ^panaona| and advertising caused in whole or in part by youracts or omissions in the performance ut'your work'for the additional insured on or at"commercial construction projects." For the -�u aas of this Endorsement, "commercial construction projects" are defined as buildings or structures constructed forcommercial use and also includes apmrtments, hote|s, homes for the aged, dormitories or barracks, However, "commercial construction projects" shall not include any building or structure which contains individual owner occupied units mrdwellings. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations aa applicable tu this endonsemenL) WHO IS AN INSURED (Section |h is emended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising outof"yourworIC for that insured by or for you. CG 20 10118G Copyright, Insurance Services Office, |nc.. 1984 Page I of � COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ������N������� ��K U����U ������� �� �������������� LESSEES ' �� ������mnw��x�x�� nx����o���� `���u��o��ww ��������� ��"� �~���������&���7������ �� ��� �������J�~�U�� ������~�� 8�� ��K������� CONTRACTORS AUTOMATIC STATUS mmom��v� ������N �N������ K�� �~����������� A����N���� �����������������F �������� ��0�`N � °���»����uwn`�~�� �"� CONSTRUCTION� "~~~~ AGREEMENT' WITH- ' YOU _ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section UA — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional |nounedm, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing ino contract or 1 "property damage" or .p�rmona| ogreemwrd thmt ouch parann or onQnnizodon be ' �"""v "u"'� . added om an additional insured on your policy. and advertising injury" arising out of the rendering of, or the failure �u render, any Such person or organization is an additional rendering architectural, engineering or insuredonly with respect to liability for "bodily i including: injury", ' �. ~p damage" or "personal and son��ngaem�eo' "*' advertising injury"caused, in whole ovin part, by: m. The pnepahng, approving, or hailing to ma or approve, maps, shop drawings, 1' Your adoor omissions;or �� ~'~opinions, reports, surveys, field orders, 2' The acts or omissions of those acting on your change orders or drawings and behalf: specifications;or in the performanceof your ongoing operations for b. Supervisory, innpecton, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wnon doing 1. Only applies to the extent permitted by law; in the supervision, hi6ng, employment, training or and monitoring of others by that inoured, if the ^000unnnna^ which caused the "bodily injury" or 2' Will not be broader than that which you are property damoge^ or the offense which caused required by the contract or agreement to '~ involved he provide the "personal injury", in 1 forsuuhmddidon�| in�ur�d r~'~~ —° - ' rendering cd or the failure hz render any A persons or organizabon'm status as an professional arohitectura|, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. CG 202304 13 Insurance Services Office, |no.. 2O12 Page 1m42 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the foNmm|nQ is added to �modpnQ�—��mn�a���n�wron��� a. All work, materials, parts or equipment furnished in connection with The most we will pay on behalf Vi the additional such wmrk, on the project (other than insured is the amount ufinsurance: aen/ioa, maintenance or repairs) to be 1' Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or 2' Available under the applicable Limits of b^ That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its whichever � other than another pznbauuor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for m principal as a part of the Declarations. same project. Page 2 of 2 @ Insurance Services Office, |mc.. 2012 CG 20 33 0413 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0104 13 Q Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MPOO82001U02873 COMMERCIAL GENERAL LIABILITY THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �8N��&N������ ���� �����&���������� ���� ��N����~��� ���� RECOVERY u ����mv� ��o'� �*n TRANSFER��"� ��x RIGHTS =~° "~=�`�~, � ��~ ~ AGAINST OTHERS TO�� A���,�,� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name wfPerson or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, (1) occurrences taking place after such written contract has resulting�o work performed or occurrences b�ene�ecu���and(2)oncunencasnesu from pe nn . resulting from the conduct of your business during the policy period. (if no entry appears mbove, information required to complete this endorsement will be shown in the DeulanaUono mo applicable to this endmnnemant.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person pr organization shown in the Schedule because of payments we make for injury or damage arising out of your ongoing operations nr "your vworW' done under contract with that personororganization and included in the "prod ucts-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above, CG 24 04 10 93 Copyright, Insurance Services Office, |nc.. 1992 Page Inf 1 0 POLICY NUMBER: BNUWC0149464 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 , (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA(Blanket) 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 0.020000 %of the California workers'compensation premium otherwise due on such remuneration. Schedule State Description CA Any party with whom the insured agrees to waive subrogation in a written contract. 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 Date: Policy Number: BNUWC0149464 Endorsement No.: Insured Name: CRAFT CONTRACTING INC Insurance Company: StarNet Insurance Company Countersigned By CITY OF HUNTINGTON BEACH Rider to Emergency Requisition ` Emergency Purchase Justification DATE: 9/21/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Installation of Sprung Structures - Navigation Center SOURCE: Craft Contracting THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. A THORIZATION ep rtment Head (3.03. 0( )) D e FinI OTicer(3.02.190 (b)) ate City Manager bate Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently,the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense.under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas,meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's"Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)"( hops://Nvww.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/plan-prepare- respond.html ) and HUD guidance"Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( https://files.hudexchange.info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk 1l,1909 Robin Estanislau, City Clerk October 6, 2020 Craft Contracting 23846 Sunnymead Blvd., Suite 10 Moreno Valley, CA 92553 To Whom It May Concern: Enclosed is a copy of the fully executed "Federally Funded Construction Contract between the City of Huntington Beach and Craft Contracting for Installation of Sprung Structure." Sincerely, Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating' (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE: ID Z6)l�/aZU.ZC� SUBJECT: Bond Acceptance I have received the bonds for (Co pany L Napf CAPITAL PROJECTS (includes CC's and C'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. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. 670D• SD Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer