Loading...
HomeMy WebLinkAboutTTS Engineering, Inc. - 2020-10-12 AMENDMENT NO. 3 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TTS ENGINEERING, INC. FOR GRADING AND SITE PREPARATION AT CAMERON LANE HOMELSS NAVIGATION CENTER 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 TTS ENGINEERING, INC., a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated October 12, 2020 entitled"Federally Funded Construction Contract Between the City of Huntington Beach and TTS Engineering, Inc., for Grading and Site Preparation at Cameron Lane Homeless Navigation Center"which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW, THEREFORE, it is agreed by CITY and CONTRACTOR 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 Twenty Two Thousand Five Hundred Twelve Dollars ($22,512). The additional sum shall be added to the original sum of Two Million Three Hundred Eighty Eight Thousand Two Hundred Four Dollars and Twenty-Four Cents ($2,388,204.24), for a new contract amount not to exceed Two Million Four Hundred Ten Thousand Seven Hundred Sixteen Hundred Dollars and Twenty-Four Cents ($2,410,716.24). 21-9289/243360 1 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in hill force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their authorized officers on kl � ,2021. CONTRACTOR, CITY OF HUNTINGTON BEACH, a municipal corporation o he State of California TTS ENGINEERING, I C. CIL—. a By: Mayor 4q4olu print name ITS: (circle one)Chairm residen ice President City Clerk AND — INITIA D AND OV By: Director of Public Works E tl� C-A:1IbI* print name EWED D APPROVED: ITS: (circle Sccretas Chierrinancial Officer/Asst. Secretary—Treasurer City Manager APPROVED AS TO FORM: C;,,City Attorney ! COUNTERPART 21-9289/243360 2 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 05rya!2,� 1 , 2021. CONTRACTOR, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California TTS ENGINEERING, INC. By: Mayor print name ITS: (circle one)Chairman/PresidentNice President City Clerk AND INITIAJED AND PROVED- By: Director of Public Work print name REVIEWED AND APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer City Manager APPROVED AS TO FORM: Al (i,,,City Attorney COUNTERPART 2 l-9289/243360 2 AMENDMENT NO. 2 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TTS ENGINEERING,INC. FOR GRADING AND SITE PREPARTION AT CAMERON LANE HOMELSS NAVIGATION CENTER 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 TTS ENGINEERING,INC.,a California Corporation,hereinafter referred to as"CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated October 12,2020 entitled"Federally Funded Construction Contract Between the City of Huntington Beach and TTS Engineering,Inc.,for Grading and Site Preparation at Cameron Lane Homeless Navigation Center"which agreement shall hereinafter be referred to as the"Original Agreement,"and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW,THEREFORE,it is agreed by CITY and CONTRACTOR 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 Eight Hundred Thirty Seven Thousand Three Hundred Ninety Six Dollars($837,396). The additional sum shall be added to the original sum of One Million Five Hundred Fifty Thousand Eight Hundred Eight Dollars and Twenty-Four Cents($1,550,808.24),for a new contract amount not to exceed Two Million Three Hundred Eighty Eight Thousand Two Hundred Four Dollars and Twenty-Four Cents($2,388,204.24). 20-9239/241370 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 } Q 1z;) , 2020. CONTRACTOR, CITY OI` I IUNTINGTON BEACH, a nrtulicihal corporation of State of California TTS ENGINEERING, INC. ti By:_ Mayor prifKname ITS: (circle one)Char resin icc President City Clerk AND INITIA AND PPROV - B Director of Public Wor E�� S •,`\[Zti9—L l ptrii name I rA ND APPROVED: ITS: (circle on ecret /Chief Financial Officer/Asst. Secretary—TreasurerQ ��• City Manager APPROVED AS T FORM: City Attorney 20-9239/241370 2 AMENDMENT NO. 1 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TTS ENGINEERING,INC. FOR GRADING AND SITE PREPARTION AT CAMERON LANE HOMELSS NAVIGATION CENTER 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 TTS ENGINEERING,INC.,a California Corporation,hereinafter referred to as"CONTRACTOR." WHEREAS,CITY and CONTRACTOR are parties to that certain agreement, dated October 12,2020 entitled"Federally Funded Construction Contract Between the City of Huntington Beach and TTS Engineering,Inc.,for Grading and Site Preparation at Cameron Lane Homeless Navigation Center"which agreement shall hereinafter be referred to as the"Original Agreement,"and CITY and CONTRACTOR wish to amend the Original Agreement to increase the amount of compensation to be paid to CONTRACTOR; NOW,THEREFORE,it is agreed by CITY and CONTRACTOR 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 Eight Hundred Eighty Thousand One Hundred Twenty Four Dollars and Seventy-Five Cents($880,124.75). The additional sum shall be added to the original sum of Six Hundred Seventy Thousand Six Hundred Eighty Three Dollars and Forty-Nine Cents($670,683.49),for a new contract amount not to exceed One Million Five Hundred Fifty Thousand Eight Hundred Eight Dollars and Twenty-Four Cents($1,550,808.24). 20-9057/240851 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 17 V ,n 3 )2020. CONTRACTOR, CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California TTS ENGINEERIN , INC. By: `� ayor Print name ITS: (circle one)Chairman/Presidentivice President Citv Clerk AND ( INITIATED AND APPR Director of Public Works �—no�t name WED PROVED: ITS: (circle ne)ne)S� ecretarylChief Financial Officer/Asst. - Secretary-Treasurer--� City Manager APPROVEVAS TO ORM: j- ty Attorney kW 20-9057/240851 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TTS ENGINEERING, INC FOR GRADING AND SITE PREPARATION AT CAMERON LANE HOMELESS NAVIGATION CENTER 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 TTS ENGINEERING, INC., a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as grading and site preparation at Cameron Lane Homeless 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 of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 20-9041/235642 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; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public 2 20-9041/235642 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 3 20-9041/235642 to resolve or 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 Six Hundred Seventy Thousand Six Hundred Eighty Three Dollars and Forty-Nine ($670,683.49), 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 one (1) consecutive year 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 Contract Documents. CONTRACTOR shall coordinate its work with the work of all other 4 20-9041/235642 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 20-9041/235642 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 20-9041/235642 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 One Thousand Dollars ($1,000) 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 CONTRACTOR hereunder. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. 7 20-9041/235642 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 other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 8 20-9041/235642 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 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. 9 20-9041/235642 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 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. 10 20-9041/235642 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 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 11 20-9041/235642 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 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. 12 20-9041/23 5642 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 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 13 20-9041/235642 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. 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. 14 20-9041/235642 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 without the express written consent of CITY; however, an insurance policy "deductible" of$5,000.00 is permitted. 15 20-9041/235642 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 and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 16 20-9041/235642 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 CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 17 20-9041/235642 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. 26. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 18 20-9041/235642 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: (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 19 20-9041/235642 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 (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. 20 20-9041/235642 (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. 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 21 20-9041/23 5642 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 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. 22 20-9041/235642 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 20-9041/235642 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 24 20-9041/235642 different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONTRACTOR: City of Huntington Beach TTS Engineering, Inc. ATTN: Sean Crumby Attn: Tim Wilson 2000 Main Street 10731 Chestnut Avenue Huntington Beach, CA 92648 Stanton, CA 90680 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 25 20-9041/235642 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 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. 26 20-9041/235642 43. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 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 27 20-9041/235642 unless in writing duly executed by both parties. 49. GENERAL PRINCIPLES CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 -UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext—idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 50. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 51. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT 28 20-9041/235642 discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 52. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 53. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 54. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any 29 20-9041/235642 person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 55. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 30 20-9041/235642 56. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 57. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent 31 20-9041/235642 with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 58. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 59. AUDIT REQUIREMENT CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). 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 opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or 32 20-9041/235642 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that 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 Oeyc?pr-r- /e., 20�0. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: = Mayor print name / ITS: (circle one)Chairman/President/Vice President 4� City Clerk I B AND INITI ED AND By: print name Director of Public Wor ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney pW COUNTERPART 33 20-9041/235642 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that 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 Q-,f y 0 ,20,�e. CONTRACTOR C OF HUNTINGTON BEACH,a municipal corporation of the State of California By: City Clerk not name ITS: (circle one)Chai n/Preside ice President INITIA ED AND ROVED. AND Director of Public Works B rEWE ND APPROVED: print nam ITS: (circle ne)Secretary/C ief Financial Officer/Asst. City Manager Secretary-Treasur APPROVED AS TO FORM: A k,.. � )� -%A lty ttOrney COUNTERPART 33 20-9041/235642 �' EXHIBIT A -ITSEngineering,Inc.107 Chestnut Avenue Scant Proposal Stanton,CA 90680 � I��®aaaal�ol�� or,��o General Engineering Contractor dLrgYa.s�ese.4. (�-r? Phone: 714-840-6346 Proposal: 20390 Fax: 714-846-7189 Date: 9/30/2020 To: Project: City of Huntington Beach HB NAV PHASE II Attn: Sean Crumby 17630 CAMERON LANE 2000 Main Street HUNTINGTON BEACH,CA Huntington Beach,CA 92648 Salesperson Kyle Wagner Scope of Work INSTALL ON SITE STORM DRAIN PER PLANS AND SPECS INSTALL ON SITE SEWER PER PLANS AND SPECS INSTALL ON SITE FIRE WATER PER PLANS AND SPECS INSTALL ON SITE DOMESTIC WATER PER PLANS AND SPECS. INSTALL GAS LINE PER PLANS AND SPECS INSTALL ONSITE CAB AND ASPHALT CONCRETE INSTALL PORTION OF ELECTRICAL CONDUIT,PER PLANS AND SPECS. BID FROM"PHASE 2 SITEWORK AND SITE ONLY UTILITIES"2020.09.22. PLUMBING PLAN AND PRECISE GRADING PLAN DO NOT MATCH MATERIALS SIZES AND LOCATION,SO WE USED OUR BEST GUESS. OFFISTE UTILITIES,NEEDED FOR INSPECTION,INCLUDED AS AN ALTERNATE. REMOVE AND REPLACE ASPHALT FOR AREA ALREADY PAVED AS AN ALTERNATE.SOIL EXPORT AS ALTERNATE. SITE SHALL BE GRADED TO+/-1/10TH FOR CAB. BID TO PROVIDE 40HR HAZWOPER TRAINED EMPLOYEES TO PERFORM WORK.CREW INSTALLING AC WILL NOT BE 40-HOUR TRAINED,BUT CREW INSTALLING CAB WILL,BE. Exclusions THE BID DOES NOT INCLUDE ANY PERMIT FEES UNLESS NOTED IN PROPOSAL -The price includes move-in of equipment 2 times only unless noted otherwise. Additional Charges will be incurred for extra move-ins required due to developer delays or changes Temporary paving only for offsite work proposed for restoration. This temporary paving will be maintained for a maximum of thirty(30) days only The price includes(1)month plate rental.Additional charges will be incurred for additonal rental. No Design or engineered plans unless specified Excludes setting,adjusting exisitng manholes,vaults,cleanouts that are not noted in bid item Excludes repairing broken SD pipes orjetting and cleaning that are damaged by others Excludes Select import if native soil is not acceptable Excludes Water for construction purposes Excludes landscaping restoration Includes final setting,raising manholes,cleanouts(1)time only Includes painting of apparatuses only once... Excludes all fences and fence repair Excludes connection fees or permit fees Excludes Storm water pollution plans Excludes groundwater,rock,fine grading Excludes export of materials Excludes rubberized asphalt unless specified in proposal Rock or hardpan that cannot be excavated by 450 Cat Backhoe will be tracked on T&M Basis -This proposal shall become a part of any contract agreement entered into by TTS Engineering. Reference Description Quantity UOM Unit Price Extended Price 01 GENERAL CONDITIONS MOBILIZATION 1.00 LS 2,304.38 2,304.38 Total 01 GENERAL CONDITIONS 2,304.38 03 GRADING Page 1 TTS Engineering,Inc. 10731 Chestnut Avenue Proposal Tyr Stanton,CA 90680 r���oaor�Qor,�® aa�o General Engineering Contractor Phone: 714-840-6346 Proposal: 20390 Fax: 714-846-7189 Date: 9/30/2020 To: Project: City of Huntington Beach HB NAV PHASE II Attn: Sean Crumby 17630 CAMERON LANE 2000 Main Street HUNTINGTON BEACH,CA Huntington Beach,CA 92648 Salesperson Kyle Wagner Reference Description Quantity UOM Unit Price Extended Price FINE GRADING 20,000.00 SF 0.56 11,172.50 EXPORT OF DIRT NON-HAZ 1,500.00 TN 71.14 106,715.45 Total 03 GRADING 117,887.95 04 STORM DRAIN CCTV STORM DRAIN PER CITY SPEC 1.00 LS 1,816.89 1,816.89 CATCH BASIN 24"x 24"x 24"TRAFFIC 4.00 EA 3,942.39 15,769.55 CATCH BASIN 12"x12"x 24"TRAFFIC 15.00 EA 2,875.52 43,132.73 STORM DRAIN SDR 35 15" 230.30 LF 118.02 27,180.24 CONSTURCT PVC BEND-SDR 35 FITTINGS 1.00 LS 2,611.63 2,611.63 STORM DRAIN SDR 35 6" 399.50 LF 54.63 21,825.65 STORM DRAIN SDR 35 8" 414.95 LF 47.53 19,722.33 STORM DRAIN SDR 35 12" 28.08 LF 127.78 3,588.08 CONSTRUCT DETENTION SYSTEM 1.00 EA 41,489.32 41,489.32 INSTALL 36" NYLOPLAST W/FRAME AND COVER 1.00 EA 8,358.47 8,358.47 Total 04 STORM DRAIN 185,494.89 05 SEWER SEWER CONNECTION AT P/L 1.00 EA 2,746.88 2,746.88 4"&6" SCH 40 SEWER LINE 636.04 LF 108.19 68,812.74 4"SEWER CLEANOUT 5.00 EA 824.96 4,124.80 Total 05 SEWER 75,684.41 06 WATER 1"COPPER PIPE 150.24 LF 79.47 11,938.85 1" ELECTRICAL PIPE AROUND TENT 541.00 LF 42.18 22,818.47 1.5"COPPER PIPE 197.06 LF 88.68 17,474.58 3/4 PVC SCH 80 73.54 LF 73.39 5,397.00 OFFSITE 6"WATER LATERAL C900 CLS 200 19.10 LF 302.46 5,776.01 OFFSITE ELECTRICAL AND COMM LINES 34.00 LF 543.58 18,481.83 CONSTRUCT 2"WATER SERVICE 20.00 LF 286.93 5,738.51 CONSTRUCT 2"METER AND BACKFLOW 1.00 EA 7,110.21 7,110.21 Page 2 'ITS Engineering,Inc. 10731 Chestnut Avenue Proposal Stanton,CA 90680 Qa®oaLm!QcaoEIJIcC-�J Oag�o General Engineering Contractor rrysa,.�eae.f. Coif Phone: 714-840-6346 Proposal: 20390 Fax: 714-846-7189 Date: 9/30/2020 To: Project: City of Huntington Beach HB NAV PHASE II Attn: Sean Crumby 17630 CAMERON LANE 2000 Main Street HUNTINGTON BEACH,CA Huntington Beach,CA 92648 Salesperson Kyle Wagner Reference Description Quantity UOM Unit Price Extended Price FIRE RISER FITTING DI 45-6"MJ W/ASSEC 3.00 EA 947.02 2,841.07 CONSTRUCT 8"x 6"PVC HOT TAP AND VALVE 1.00 EA 4,799.54 4,799.54 CONSTRUCT 6" DCDA 1.00 EA 6,514.07 6,514.07 CONSTRUCT 6"FIRELINE PER SERPATE PLAN(NO PLAN 181.40 LF 83.93 15,224.41 PROVIDED RISER ONE PIECE 6" 1.00 EA 1,996.46 1,996.46 2" PVC SCH 40 WATER LINE 142.68 LF 71.53 10,206.20 Total 06 WATER 136,317.22 09 ELECTRICAL INSTALL JOINT TRENCH(1)4"COMM&(1)4"PVC SCH 40 231.00 LF 151.37 34,966.58 ELECTRICAL CONDUIT OVER EX AND RECOMPACT ELECT TRENCH 231.00 LF 21.88 5,054.70 Total 09 ELECTRICAL 40,021.28 10 GAS 3"POLY GAS PIPE 202.58 LF 90.85 18,404.99 Total 10 GAS 18,404.99 11ASPHALT R&R AC PAVING 2,500.00 SF 6.70 16,748.56 ASPHALT PAVING 3"OVER 10"CMB 5,613.00 SF 4.08 22,914.78 ASPHALT PAVING 2"OVER NATIVE 14,600.00 SF 1.62 23,721.16 ASPHALT PAVING 3"OVER 5"CMB 7,964.00 SF 3.92 31,183.87 Total 11 ASPHALT 94,568.38 Proposal Total: 670,683.49 Acceptance Accepted by: Title: Date: Page 3 1 of 1 10/7/2020 HB NAV Phase 2 Cost Compare Matrix 1002 Scope TTS Sully Sully Adjusted Delta Mobilize $2,304.38 $150,000.00 $150,000.00 $147,695.62 BMP's/ ECP Work etc $0.00 $46,000.00 $46,000.00 Storm Drain System (lines, basins etc) $185,494.89 $245,000.00 $245,000.00 $59,505.11 Sewer $75,684.41 $31,000.00 $31,000.00 -$44,684.41 Fire Water $20,061.94 $89,000.00 $89,000.00 $68,938.06 Domestic Water $45,016.63 $40,000.00 $40,000.00 -$5,016.63 Electrical - UNDERGROUND ONLY $57,785.05 $195,000.00 $195,000.00 $137,214.95 ELECTRICAL-ABOVE GROUND $55,000.00 Gas Line $18,404.99 NIC $18,404.99 $0.00 Finish Grade As needed $11,172.50 $16,800.00 $16,800.00 $5,627.50 AC Paving $73,056.15 $155,200.00 $155,200.00 $82,143.85 Striping $4,763.66 $4,500.00 $4,500.00 -$263.66 Gutters TBD $36,356.00 Curbs TBD $12,455.00 On Site Concrete TBD $15,450.00 Fencing/Gates-All Chainlink TBD $211,000.00 Offsite Water $29,938.34 $25,000.00 $25,000.00 -$4,938.34 R&R AC for Storm (Repairs to existing) $16,748.56 $46,030.00 $46,030.00 $29,281.44 Export of Dirt $106,715.45 $145,215.00 $145,215.00 $38,499.55 Offsite Utilities $23,536.53 $5,000.00 $5,000.00 -$18,536.53 Total $670,683.48 $1,52-4,006.00 $1,212,149.99 $495,466.51 Trash Enclosure CMU TBD $ 117,000.00 $ 117,000.00 Base TBD $ 56,850.00 $ 56,850.00 EXHTBXT g (Required Contract provision For All Federal Aid Construction Contracts FHWA 1273) 30 SFF:1 7-5 732/1 5 8 09 7ICalTraw-Fcdcrat Contract 6/17 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Atd Contract Language FHWA-1273- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID GQNSTRUCTION CONTRACTS Page s om - January 2029 Laced Assistance Procedures Alanual EXH I B IT B Exhibit U-C Required Fedcral Aid Contract Language I. General 11.NONDISCRIMINATION 11. Nondiscrimination Ill. No segregated Facililles The provlelons of this section related to 23 CFR Part 230 are applicable IV. Davis-Bacon and Related Act Provisions to all Faderai-aid construction contracts and to all rolatod construction V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$1000 or more.The provisions of 23 CFR Part 230 VL Subletting or Assigning the Contract ara not applicable to matadal supply,engineering,or architectural VII, Safety:ACDidentPrevention service contracts. VIIL False Statements Concerning Highway Projects In addition,Ilse contractor and all subcontractors must comply with the IX, Implementation of Clean AlrAct 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 Sdspenslon and Debarment amended(28 USC 794),Tlse VI of the Civil Rights Act of 1954,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 requlremenls of the Equal opportunity Clause 1n 41 CFR dard6D-1 (b)and, HighwaySystem or Appalachian Local Access Road Contracts for all construction contracts exceeding$10,000,sic Standard Federal Y Equal Employment opportunity Construction Contract Specifications to (Included In Appalachian contracts only) 41 CFR 60-4,3. L GENERAL Note:The U.S.Department of Labor has exclusive authority to determine compliance with Executive Order 11240 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. consbuction 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 In ensure compliance with Title 23 USC Section 140,the subcontractor)must insert this form in each subcontract and further Rehabll6allon Act of 1973,as amended(29 USC 794),and Title VI of require Its Inclusion in all lower Uer subcontracts(excluding purchase the Civil Rights Act of 1984,as amended,end related regulations orders,rental agreements and other agreements for supplies or Including 49 CFR Parts 21,26 and 27:and 23 CFR Pans 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 pdme contractor shall be responsible DOL)and FHWA requirements. for compliance by any subcontractor,lower-llersubcontraclor or service provider. 1.Equal Employment Opportunity:Equal employment manl opportunity Form FHWA-1273 must be Included In all Federal-aid dasign-build (EEO)requirements not to discriminate and to take affirmative action to contracts,In all subcontracts and in lower tier subcontracts(excluding assure equal opportunity as not 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-budder shall CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as be responsible for compliance by any subcontractor,lower-flex modified by the provisions prescribed herein,and Imposed pursuant to subcordrador or .service provider. 23 U.S.C.140 shall constitute the EEO and specific affirmative action standards for the cenlrectors 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 US.C, or request for proposal documents,however,the Form FHWA 1273 12101 at 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-liar 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 hi 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 es of Its tams and contract by the contractors own organization and with the assistance conditions of employment and In their review of activities under the of workers under the contraclors Immediate superintendence and to contract, all xrork performed on she contract by piecework,station work,or by subcontract. b_The contractor will accept as its operating policy the following statement: 3.A breach of any of the stipulations contained In these Required Contract Provisions may be sufficient grounds forwlthholding of "It is the policy of this Company to assure that applicants are employed, progress payments,withholding of foal payment,termination of the and that employees are bested during employment,wshout regard to contract,suspension/debarment or any other action determined to their race,religion,sex,color,national origin,age or 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 fours of compensation;and selection for training,Including contraclor shag not use convict labor for any purpose within the limits apprenticeship,pre—apprenticeship,andlor on4he{ob[roining.' of a construction pro)ecl on a Federal-eld 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-C Required Federal-Aid Contract Language 2.EEO Officer.The contractor will designate and make known to the contracting officers and EEO Officarwho will have the c.The contractor will encourage its present employees to refer responsibility for and must be capable of effectively administering minodf(es and women as applicants for employment. and promoting and active EEO program and who most be assigned Information and procedures with regard to referring such adequate authority and responstbihty to do so, applicants will be discussed with employees. 6,Personnal 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,relfgion,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 minimutn: insure thatwoddng conditions and empioyeo 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 h 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 detemilne any evidence of contractor's EEO policy and its implementation will be reviewed discriminatory wage practic= and explained The meetings wig be conducted by the EEO Officer. c.The contractor will periodically review selected personnel actions b.All new supevlsory or personnel office employees WIN be given in depth to determine whether there is evidence of discdndnation, a thorough indoctrination by the EEO Officer,covering all major Where ve action. Is found,thecontractorIIndicates thawillt 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. Z. a All personnel who are engaged In direct recruitment for the project will be Instructed by the EEO Officar in the contractor's d.The contractor will promptly Investigate all complaints of alleged procedures For locating and hiring minodges and women, disctlminahon made to the contractor in connection with its obligations under this contract,will attempt to resolve such d.Notices and posters setting forth the contractors EEO policy will complaints,and will take appropriate corrective action within a be placed in areas readily accessible to employees,applicants reasonable lima. 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 shah 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. &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 skips of minorities and women who are applicants for Equal Opportimtty Employer.'AN 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.a.The contractor will,unless precluded by a valid bargaining Consistent with the contractork work force requirements and as agreement conducts systematic and direct recruitment through permissible under.Federal and State regulations,the contractor greeblic and to employee referral sources recruitment a old g shall make full use of training programs,Le.,apprenticeship,and qualified minorities and women.To meet this requirement,the on the job training Programs for the geographical area of contract Performance, In contractor will Identify sources of potential minority group the event a special provision for training Is employees,and establish with such Identified sources provided under this contract,this subparagraph will be procedures where minority and women a carits.ma be superseded as Indicated In the specter provision The contracting Pro by Y PPti Y 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(aj. b.In the event the contractor has a valid bargaining agreement. o.The contractor with advise employees-and applicants for providing for exclusive hiring hall referrals,the contractor is employment of avallebie training prograrfts and entrance expected to observe the provisions of that agreement to the requirements for each, extent that the system meets the contractors 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 minonTfes 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 - January2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273- Revised May 1,2012 T.Unions:If the contractor relies in whole or in part upon unions as 10.Assurance Required by 49 CFR 28.13(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 28 and the State DOT s U.S. minorities and women. Actions by the contractor,either directly or DOT-approved DSE program am incorporated by reference. through a contractor's assoolotlon acting as agent,will Include the procedures set forth below: b.The contractor or subcontractor shag not discriminate on the basis of race,color.national origin,or sett 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 agenoy 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 eontraotorshall keep such records WO 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 shag be retained fora period of three years following the date of the final payment to the contractor for all contract work o.The contractor is to obtain ktormation as to the referral and shall be available at reasonable Orries and places for Inspection pradiees 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 shag so certify to a. The records kept by the contractor shag document the following the contracting agency and shag 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 tow of referrals within the time Omit set forth In the collective bargaining agreement,the contractor will,through (2)The progress and efforts being made In cooperation with Independent recrulimenl efforts,fill the employment vacancies unions,when applicable,to Increase employment opportunities without regard to race,color,religion,sax,national origin,age for minorities and women:and or disability;making full efforts to obtain qualified andlor quaiifiabie minorities and women.The failure of a union to (3)The progress and efforts being made in locating,hiring,training, provide sufficient referrals(even through it is.obligated to qualifying,and upgrading mnorites and women, provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b.The Contractors and subcontfactons 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 or minority,women,and non- --- ------- pursuanY to Executive Order 11248,as amende8 and-these - - minoNty group employees currently engaged in each work --- - --- -- special provisions,such contractor shag immediately notify the classification required by the contract work.This Information is contracting agency. to be reported on Fenn FRWX-1391, The staffing data should represent the project work force on board in all or any pert of the 8. Reasonable Accommodation for Applicants/Employees last payroll period preceding the and of July. If on-the-job with Uisabl0tlec: The pontraetor must be familiar with the training is being required by special provision,the contractor whit 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 and of Jury. employment activities unless to do so would cause an undue hardship. 111.NONSEGREGATED FACILITIES S.Selection of Subcontractors,Procurement of Materials and This provision Is applicable to all Federal-aid construction contracts Leasing of Equipment:The contractor shag riot 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%ri ifies 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 nondiscr minatjon In the-administration of this contract contractor may-neijher 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 contrador'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 con►rackies control,where the facilities are segregated.The term b.The eontreotorwill use good faith efforts to ensure subcontractor "raollIOW'Includes waiting rooms,work areas,restaurants and compliance with their EEO obligations, other eating areas,time clocks,rastrooms,washrooms,locker rooms,and other storage or dressing areas,parking lots,drinking fountains,raaraa5on or entertainment areas,transportation,and housing-provided for employees. The contractor provide separate or single-userrestroorns and necessary dressing or sleeping areas to assure privacy between sexes. Page 11 of 23 - January Z019 Local Assistance Procedures Manual EXHIBIT B Exhibit12-G Required Federal-Aid Conitract Language FHWA-1273-Revised May 1,2012 Iv. DAVIS-BACON AND RELATED ACT PROVISIONS Q)The work to be performed by the classification requested is not performed by a classification in the wage determlmaton;and This section Is applicable to all Federal•ald construction projects exceeding$2,000 and to all related subcontracts and lower-tiler (fi)The classiticatton is utilized in the area by itfa Construction subeontracts(regardless of subcontractslze).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 ride fringe benefits, collectors,which are exempt Contracting agencies may elect to bears a reasonable relationship to(he wage rates contained In apply these requirements io 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(f 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(fncluding 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 202i 0.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 payroti'deduotions as are permitted by officer or will notify the contracting oftcerwithin 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 tide hinge benefits(or cash equivalents thereof)due at time of payment (3)in the event the contractor,the laborers or mechanics to be computed at rates not less than those contained in the wage employed in the classification or their representatives,and the determination ofthe Secretary of Labor which Is attached hereto contracting officer do not agree on the proposed classification and made a part hereof,regardless of any contractual relationship and wage rate(Including the amount designated for fringe which may be alleged to exist between the contractor and such benefits where appropriate),the Contracting officer shall refer laborers and mechanics 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 at costs Incurred for 30-doy 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 into(including hinge benefits where appropriate) are doomed to be constructively made or Incurred during such determined pursuant to paragraphs 1.b.(2)or t b(3)of this =_ weekly parted.Such laborers and mechanics shall be paid the section,shall be paid to all workers performing work in the appropriate wage rate and hinge 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 no provided in 29 CFR 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 thereire 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 shot[either each classification in which work is performed.The wage pay the benefit as stated in the wage determinallon or shag pay determination(Including any additional classification and wage another bona fide fringe benefit or an hourly cash equivalent rates confonned•ohderparagraph IA of this section)and the thereof. Davis-9econ poster(WH-1321)shall he posted at all times by the contractor and Itssubcontractors at the site of the work In a prominent and aocesslbie place where it can be easily seen by the d.if the contractor does not make payments to a trustee or other workers. third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a planar b. (1)The contracting officer shag 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 shag be classified In conformance with the wage determination.The require the contractor to set aside in a separate nocount assets for contracting officer shag approve'en 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 Z3. - January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid ContractLangnage 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 trarrsmisslon to the The contracting agency shaft 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 prevolling wage requirements.It Is not a violagon contract,or•any other Federal contract with the some prime of this section for a prime contractor to require a subcontractor to contractor,or any other Federally-asdsled 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 touch of the accrued payments or advances as contracting agency. may be considered necessary to pay laborers and mechanics, including apprenfces,trainees,and helpers,employed by the - contractor or any subcontractor the full amount of wages required P Each payroll submitted shalt ba 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 contractinb agency may,alter 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)Thal tha payyrroll for the payroll period contains the information unit such violations have ceased. required to be provided under§5.5(a)(3)(fi)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 (0)That each laborer or mechanic(including each helper, period of three years thereafter for an laborers and mechanics apprentice,and trainee)employed on the contract during the working at the site of the work,Such records shaft contain the payroll period has been paid the full weekly wages earned, name,address,and social securty 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 cilrec ly or indirectly from the (Including rates of contributions or costs anttclpated 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 part3; section 1(b)(2)(B)of the Davis-Bacon Act),dully and weekly number of hours worked,deductions made and actual wages paid, (gl)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(ax1)(iv)that the wages of any taborer or mechanic include the for the dassificsgon 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 iitoured in providing such benefits.Contractors employing apprentices or trainees under approved programs shall (4)The falsificalion of any of the above certifications may subject maintain written evidence of the registration of appren0ceship the contractor or subcontractor to civil or criminal prosecution programs and certification of trainee programs,the registration of under section 1 g01 of tide 1a and section 291 of He 91 of the the apprentices and trainees,and the ratios and wage rates United Stales Coda. prescribed in the applicable programs. contractor shell submit for each week in which o,The contractor or subcontractor shall make fhe records b. (1)The cant any contract work is performed a copy of all payrolls to the required under copying, oriumsa of this section available for contracting agency. The payrolls submitted shall set out accurately inspection,tropying,wiremscripUat by authorized and completely all of the information required to be maintained representatives of the contracting agency,the State DOT,the under 29 CFR 5.5(a)(3)Q) except that full social security numbers FHWA, or the Depedrruenl of Labor,end shall permit such representatives to interview employees during working hours and home addresses shall not be included on weekly transmiEfals. on the job.U the contractor or subcontractor falls to submit the Instead the payrolls shalt only need to include an Individually required records or to make them available,the FHWA may, Identifying nwnberfor each employee(e.g,,the last four digits of afterwrltten notice to the contractor,the contracting agency or the employee's social security number).The required weekly payroll the Stale DOT,take such action as may be necessary to Information may be submitted In any form desired,Optional Form cause the suspension of any further payment,advance,or WH 347 is available forlhis purpose from the Wage and Hour guarantee of funds.Furthermore,failure to sutnrrlt the required Division Web site at records upon request or to make such records available may httpliwww.dot.govlesahvhd/fomrs/wh347lnstr.Mm or its successor be grounds For debarment action pursuant to 29 CFR 6.12. site.The prkne contractor Is responsible for the aubmission of copies ofpayrolls by all subcontractors.Contractors and subcontractors shag maintain the hill social security number and Page 13 of 23 January 2019 ' IBIT Local Assistance Procedures Manual EXt I U Exhibit 12-G Required Federal Aid Contract Language FHWA 1273—Revised May 1,2012 4, Apprentices and trainees The ratio of trainees to journeyman on the job site shall not be greater than permitted under the plan approved by the Employment s.Apprentices(programs of the USDOL). and Training Administration. Apprentices will be petmiaed to work at less than the predetermined approv dinee program for the trainee's level of progre must be paid at not less than[hetss.expressed secified Inas 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 applicable Wage determination.Trainees shall be paid fringe registered with the U.S.Department of Labor,Employment and benefits in accordance with the provisions of the trainee program.If Training Administration,Office of Apprenticeship Training,Employer the trainee program does not mention fringe benefits,trainees shag and Labor Services,or with a State Apprenticeship Agency be paid the full amount of fringe benefits listed an the wage recognized by the Office,or if a person Is employed in his or her determination unless the Administrator of the Wage and Hour first 90 days of probationary employment as an apprentice In such Division determines that there Is an apprenticeship program an apprendeeship program who Is not Individually registered In the associated with the corresponding)oumeyman wage rate on the program,but who has been certified by the Office oFApprengoesh{p wage determination which provides for less than fug fringe benefits Training,Employer and Labor Services or a State Apprenticeship for apprentices.Any employee listed on the payroll at a trainee rate Agency(where appropriate)to be eligible for probationary who Is not registered and partidparing in a training plan approved employment as an apprentice. by the Employment and Training Administration shall be paid not less then the applicable wage rate on the wage determination for The allowable ratio of apprentices to journeyman on the Job site in the classification of work actually performed.in addition,any trainee any craft classification shag not be greater than the ratio permitted perfomdng work on the job site in excess of the ratio permitted to the contractor as to the entire work force under the registered tinder the registered program shall be paid not less linen the program.Any worker rioted 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 staled 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 addltatm,any apprentice performing work on the job one In excess approved 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 un01 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 shag be trainees and journeymen under this part shag 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 spedged.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 shag be paid Apprentices and trainer's 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 programs.If the apprenticeship program does not Transportation as promoting EEO In connection with Federal-aid speciry 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 apptenUrs classification,fringes established by the particular programs.The ratio of apprentices and shag be,paid In accordatce with that determination. trainees to journeymen shall not be greater than permitted by the terms ofthe•particular program. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a Stale 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,whiclm are contractor%ill 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 FHWX1273 in any subcontracts and also require the subcontractors to include Form FHWA-1Z73 In any lower tier subcontracts.The prime contractor shag 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 64 unless they are employed pursuant to and Individually registered In a program which has resolved prior approval,ehrldermcd by formal 7_Conlracttenninadon:debarment. A breach of the contract certification by the U.S.Department of tabor,Employment and clauses In 29 CFR 5.5 may be grounds for termination of the Training Administration. contract,and for debarment as a contractorand a subcontractor.as provided In 29 CFR 5.12. Page 14 of 23 -• - January 2019 Lncal Assistance Procedures Manual EXHIBIT B Exhibit 12-G Regitired Federal-Aid Contract Language FHWA-1273—Revised May 1,2012 B.Compliance with Davis-Bacon and Related Act requirements. 3.Withholding for unpaid wages and liquidated damages.The AV rulings and Interpretations of the Davis-Bacon at-4 Related Acts FHWA or the confacling 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 same prime contractor,or any other federally-assisted contract the labor standards provislons of this contract shall not be subject to the general disputes clause of Ibis 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 hold by the same prime contractor,such sums as may be Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the contractor to be necessary to unpaidsatisfy any liabilitiesand liquidated of such meaning of this cietise include disputes between the contractor(or contractor s subcontractor for unpaid wages and liquidated any of Its subcontractors)and the contracting agency,the U.S. damages as provided In the clause sat forth in paragraph(2}of this Department of Labor.or the employees or their representatives. section. 10,CerlifleaBon of eligibility. any Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clauses set forth in paragraph(I.)through(4.) of this section and also a clause requiring the suboontra tors to a.By entering Into this contract,the contractor certifies that neither include these clauses in any lower liar subcontracts,The prime it(nor he or she)nor any person or firm who has an interest in the contractor shall be responsible forcompiianoo 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. Barn Act or 29 CFR 5.12(a)(1). b.No part of ibis contract shag be subcontracted to any person or VI.SUBLETTING OR ASSIGNING THE CONTRACT firm ineligible for sward 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 Use statements is prescribed in the U.S. 1.The contractor shag perform with Its own organization contract Criminal Code,18 U.S.C.1001. work amounting to not lass 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 following clauses apply to any Federal-aid construction contract performed maybe deducted from the rotas original contract price In an amount in excess of$1 DO,ODO and subject to the overtime before computing the amount of work required to be performed provlslons of the Contract Work Hours and Safely Standards Act by the contractors own organization(23 CFR 635116). These clauses shall be inserted in addlffon 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 tens does not include employees or 1.Overtime requirements. No contractor or subcontractor equipment of a subcontractor or lower tier suboontracto, contracting for any part of the contract work which may require or agents of the prime contractor,orany 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 me and one-hair tunes the contractor meets ail of the fogowing 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 dayAo-day activities of the leased employees; 2 Vlofatlon-liability for unpaid wages,liquidated damages. In (2)the prime contractor tamales responsible for the quality of the + 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 DlsMct or to such territory),for liquidated regulatory requirements. damages.Such liquidated damages shag be computed with respect to each individual laborer or mechanic,Including watchmen and b.'Specialty items"shag be construed to be limited to work that guards,employed In violallori or the clause set forth in paragraph requires highly specialized knowledge,abilities,of 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 201.9 i Local Assistance Procedures Manual EXHIBIT B Exhibit ia-c Required Federal-Aid ContrnctLanguage FHWA-1273—Revised May 1,2012 (1.)of this section,In the sum of$10 for each calendar day on which In orderto assure high quality and durable construction in such individual was required or permitted to work in excess of the conformQywith approved plans and speolfloations and a high standard workweek of forty hours without payment offhe degree of reliability on statements and represeniatfons made by overtime wages required by the clause set forth In paragraph(C) 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 vlofatlon 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. FederaWd highway project(23 CFR 535)in one or more places 3.The contractor shall furnish(a)a competent superintendent or where ect:is readily available to all parsons concerned with the p supervisor who Is employed by the Arm,has full authority to direct j performance of the work in accordance with the contract requirements,and Is In charge of all construction operations f e U.S.C.1020 rands as follows: (regardless of who performs the wodo and(b)such other of its own organizational resources(supervision,management,and 'Whoever,being an officer,agent,or employee of the United engineering services)so 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 or the material used or to be used,or the disposed of except with the written consent of the contracting quantity or quallly 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 shah hot 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 representatior,4 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•buid contracts;however,contracting performed,or materials furnished or to be furnished,in connection agencies may establish their own salt performance requirements with the construction of any highway or related project approved by the Secretary ofTransportatlon;or Whoever knowingly makes any false statement or false VIt.SAFETY.,ACCIDENT PREVENTION representation as to material fact in any statement,rartiticate,or report submitted pursuant to provisions of the Federal-ald Roads This provision Is applicable to all Federal-ald construction contracts Act approved July 1,1916,(39 Stat 365),as amended and and to all related subcontracts. supplemented; 1. In the performance of this contract the contracloT 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 heeded actions as it determines,or as the WATER POLLUTION CONTROL ACT contracting officer may determine,to be reasonably necessary This provision is applioble to all Federal-ald construction contracts to protect the fife and health of employees on the job and the and.to all related subcontracts. safety ofthe public and to protect property in connection with the performance of the work covered by the contract. By submission of this bidfproposal or the execution of this contract, 2. It is a condition of[his contract,and shall be made a condition of or subcontract as appropriate,the bidder,proposer,Federal-aid construction contractor,or subcontractor,as appropriate,will be each subcontract which the contractor enters into pursuant to this contract,that the contractor and any subcontractor shall not this to have stipulated as follows: permit any employee,in performance of the contract,to work In 1.That any person who is orwill 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 orsafety,as violation of Section 508 of the Clean Water Act or Section 3D6 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 causEt to be included the accordance with Section 107 of the Contract Worts 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 acllon as the 3.Pursuant to 29 CFR 1926.3,it Is a cotidiflon of this contract that contracting agency may diced 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 safely and health standards and to carryout the duties of the- Page 16 of 23• - - January•2019 i Local Assistance Procedures Mannal EXHIBIT B Exhibit 12 C Required Teder&Ald Contract Language FHWA-1273— Revised May 1,2012 Secretary underSedion 101 of the Contract Work Hours and K CERTIFICATION REGARDING bEgARMENT,SUSPENSION, Safety Standards Act(40 U.S.C.3704). INELIGIBILITY AND VOLUNTARY EXCLUSION This provision Is applicable to all Faderal-aTd construction contracts, Vitt.FALSE STATEMENTS CONCERNING HIGHWAY design-build contracts,subcontracts,lower-tier subcontracts, PROJECTS purchase order;,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 transedlon that is not debarred,suspended,Ineligible,or voluntarily excluded from a.By signing and submitting this proposal,the prospective first der the covered transaction,unless It knows that the cettfcation is participant Is providing the certification set out below, erroneous.A participant is responsible for ensuring that its pdndpals are not suspended,debarred,or otherwise ineligible to b.The inability or a person to provide the cettificatian set out below paificipate In covered transactions.To verify the eligibility of Its wig not necessarily result In denial or participation in this covered principals,as well as the eliglbitity of any lower tier prospective transactlon.The prospective first for participant shag submit an par8apants,each participant may,but is not required to,check the explanation ofwhy it cannot provide the 6arigica0on set out below. Excluded Parties List System website(hit p;:f/wwu,.enls sov&which The cerfifcation or'explanagon will be considered in connection Is compiled by the General Services Administration. With the departmenlor agency's determination whether to enter Into this transaction.However,failure of the prospective first tier 1.Nolhing contained In the foregoing shall be construed to require participant to furnish a certification or an explanation shag the establishment of a system of records in order to render in good disqualify such a person from participation in this transaction, faith the certificetion requited by this clause.The knowledge and irdormagan of the prospective participant is not required to exceed c.The certification in tuts 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 dealing% determined to enter into this transaction,if It is later determined that the prospective participant knowingly tendered an erroneous j Except for transactions authorized under paragraph(f)of these certipcagon,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 defaulL suspended debarred,ineligible,or voluntarily excluded from participation In this tretmaotion,in addition to other remedies d.The prospective first gar 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 defaulL submitted if any time the prospective first get participant teams 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"suspanded,' and Voluntary Exclusion—First Tier Participants; 'Sneggible,''parfiiclpant,'"person,""principal,'and"voluntarily excluded'as used in this clause,ate defined In 2 CFR Parts 180 a.The prospective first Vat participant cedites to the best of its and 12DD, "First Tier Covered Transactions'refers to any covered knowledge and belief,that it and its principals: transaction between a grantee or subgrentse of Federal funds and a participant(such as the prime argenerat contract). lower Tler (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 Partioipenl'refers to the participant who has entered into a or agency, covered transaction with a grantee or subgrentee of Federal funds (such as the prime or general contractor), "Lower Tier Participant' (2)Have not within a Three year period preceding this proposed refers any participant who has entered into a covered transaction been convicted of or had a civil Judgment tendered against them With a First Tier Participant or other LowerTler Participants(such for commission of fraud or a criminal offense in connection with as subcontractors and suppliers). obtaining,attempting to obtain,orperforming a public(Federal, State or local)transaction or contract under a public transaction; f.The prospective first tier participant agrees try 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 destiudion Into,it shall not knowingly enter into any lowertier covered of records,making false statements,or receiving stolen transaction with a person who is debarred,suspended,declared property; Ineligible,or voluntarily excluded from partieipallon 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 locaq with commission of any of the offenses enumerated in paragraph g.The prospective first Der participant further agrees-by submitting (a)(2)of this cartUicagon;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-LowerTfer Covered Transactions,"provided by the application/proposal had one or more public transactions department at contracting agency,entering into this covered (Federal,State or local)terminated for cause or default. P896 17 of 23 — — January 2019 Local Assistance Procedures Manual EXHIBIT B Exbibit 12-G Required Federal-Ald 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$26,000 threshold. shall attach an explanation to tits proposal. 2.Instructions for Certification-lower Tier Participants: L Except for transactions authorized under paragraph a of these instructions,if n participant in a covered transaction knowingly (Applicable to al subcontracts,purchase orders and other lower tier enters into a lower(ter covered transaction with it person who Is transactions requiring prior FIiWA approval or estimated to cost suspended,debarred,ineligible,orveiuntedly excluded from $25,000 or more-2 CFR Parts 186 and 1200) participation in this transaction,In addifian to other remedies available to the Federal Government the department or agency a.By signing and submitting this proposal,the prospective lower Her 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 Imawingiy 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 U nor Its principals is presently the department,or agency with which this transaotion originated debarred,suspended,proposed for debarment,declared may pursue available remedies,including suspension and/or Ineligible,or voluntarily excluded from partioipatiog In covered debarment transactions by any Federal department or agency. c fie prospective lower Her participant shah provide Immediate 2.Where the prospective lower Her participant is unable to certify to written notice to the person to wludh this proposal Is submitted Ifany of the statements In this certification,such prospective at any time the prospective lower Her 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 oil Federal-ald construction contracts and 1200. You may contact(he 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 Thar Covered Transaollons"refers to any covered transaction between a grantee orsrlbgrantee of Federal funds 1.The prospective participant certifies,by signing and submitting and a participant(such as the prime or general contract). "Lower this bid or proposal,to the best of his or her knowledge and Tier Covered Transactions'refers to any covered transaction belief,that under a First Tier Covered Transaction(such as subcontracts). a,No Federal appropriated funds have been pald*or will be paid, "First filer PadicipanV 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 fends(such as the prime or general conlraclor). "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 tower 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 tower liar 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 tlar b.if any funds otherthan 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 Federad contract,grant loan,or cooperative agreement the f.The prospective lower Per participant further agrees by submitting undersigned shall compete and submit Standard Form4AJ, this proposal that It will Include this clause titled"Certification "Disclosure Form to Report Lobbying,'in accordance with its Regarding Debarment Suspension,Ineligibltity and Voluntary Instructions. Exclusion-Lower Tier Covered Transaction,"without modification, In all lower Her covered iransacUons and in all sogdtitlons for lowerfer covered transactions exceeding the$25,000 threshold. 2 This certifieatlon Is a material representation of 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 Per 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 transactfan,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 As principals are not suspended,debarred,or otherwise ineigble to participate in covered transactions. To verify the eligibliity 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 par elpant•may,but is proposal that the participant shall require that the language of not required to,check the Excluded Parties List System wabsite this certfficallon"tie included(n all lower Gar subcontracts,which Page Ili of 23 - January 2019 I i Local Assistance Procedures Manual EXHIBIT B Exhibit 12-Cr Required Federal-Aid Contract Language FHWA-1273 Revised May 9,2012 {lions:/livunvenls,gQyO,which is compiled by the General Services exceed information of participant is not required to exceed that Administration. which Is$100 .000 end that e!I suoh recipients shall certify and disclose accordingly. h.Nothing contained in the foragotng shall be construed to require establishment of a system of records In order to render in good falih the cei0poatlon required by this clause.The knowledge and normally possessed by a prudent person In the ordinary course of business dealings, i Page 19 of 23 January 2013 '4t Rom® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS/24/2020 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 '�`'RESENTATIVE OR PRODUCER,AND'THE CERTIFICATE HOLDER. IRTANT: If the certificate holder is an ADDITIONAL INSURED,the POlicy(ies)must have ADDITIONAL INSURED provisions or be endorsed. IfSUBROGATION 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 Came Stubblefield CISR James G Parker Insurance Associates NAME: PHONE (559)222-7722 FAX License#0554959 C No Alc No. (559)222-1724 P O Box 3947 ADDARESS: CarrieStubblefield@jgparker.com Fresno INSURER(S)AFFORDING COVERAGE M CA 93650 INSURER A: Evanston Insurance Company INSUREDINSURER B: Scottsdale Insurance Company TT S Engineering tnc Travelers Pro a Casualt Co of AmericaINSURER C: P rtY Y D B Equipment LLC INSURER D: 10731 Chestnut Ave INSURER E: Stanton CA 906 I 80 INSURER F COVERAGES CERTIFICATE NUMBER: 20-21 GL IM UMB 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 OFANY 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 TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 SR LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER COMMERC IAL GENERAL DABILITY POLICY EFF POLICY EXP MMIDDIYYYY MMIDD LIMITS X EACH OCCURRENCE $ 1,000,000 CLANS-MADE ©OCCUR 100,000 PREMISES Ea occurrence $ q MED EXP(An one person) $ Excluded Y MKLV5PBC001554 02/26/2020 02/26/2021 1,000,000 PERSONAL3ADV INJURY $ GENLAGGREGATE LIMIT APPLIES PER: $ 2,000,000 POLICY❑X JERO-CT ❑LOC GENERAL AGGREGATE PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Per Project Aggregate $ 5,000,000 'TOMOBI LE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO Ea accident OWNED BODILY INJURY person) $ SCHEDULED N AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED Al1TOS ONLY AUTOS ONLY j- gPROPERTYDAMAGE $ $UMBRELLA LIAB X OCCUR 1 RENCE $ 1,0-0=0B X EXCESS LIAB CLAIMS•MADE XLS0113204 02/2612.20 02/26/2021 $ S,000,OOO DED RETENTION$ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY ,, PER ANY PROPRIETOR/PARTNER/EXECUTNE YIN f STATUTE �R OFF ICER/MEMBERFXCLUDED? ElNf E.L.EACHACCIDENT $ (Mandatory In NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below ELDISEASE-POLICY LIMIT $ Rented/Leased Equipment i Deductible$1,000 $250,000 C Scheduled Equipment QT6601798N365TIL20 02/26/2020 02/26/2021 Deductible$1,000 Per Schedule DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached If more space Is required) The City of Huntington Beach,its officers,elected of appointed officials,employees,agents and volunteers is named as Additional Insured as per forms CG2012 0509,CG2037 0704 8 CG2001 D413 attached. UAPPR VED AS TO FORM By: AF CERTIFICATE HOLDER CANCELLATION I/I ITV ATTORNEY CITY OF HUNTINGT 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 Street EI 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 I. I POLICY NUMBER: MKLV5,PBC001554 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL� INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR p SUBDIVI ION - PERMITS OR AUTHORIZATIONS NS This endorsement modifies insurance provided under the following: COMMERCIAL GENERA LIABILITY COVERAGE PART i E SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Huntington Beach,its fficers,elected or appointed officials,employees,agent&volunteers i i E i. f Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- 2. This insurance does not apply to; clude as an insured any state or governmental "Bodily injury",agen- cy or subdivision or political l a• '�go 'ubdMsion shown in the "property damage" or"personal Schedule, subject to the following provisions: and advertising injury"arising out of operations i performed for the federal government, state or 1. This insurance applies only with respect to opera- municipality;or tions performed by you or pn your behalf for which the state or governmental agency or subdivision or b "Bodily injury" or "property damage" included political subdivision has issued a permit or author- within the "products-completed operations ization. hazard". i S((. i 3 i E I. ii i j I I CG 20 12 05 09 , ©Insurance Services Office, Inc., 2008 Page 1 of 1 p I i i POLICY NUMBER: MKLV5PBC001554 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEN�ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART i SCHEDULE Name Of Additional Insured Person(s) Or Or anixation s : Location And Description Of Completed Operations The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers j i Information required to Com fete this Schedule, if not shown above,will be shown in the Declarations. i; Section 11 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and .described in the sched- ule of this-endorsement performed for that additional insured and included in the. "products-completed operations hazard". 1 31 3, } I I i t: 1 i t 7' E CG 20 37 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 4 i Policy #MKLV5PBC001554 I COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRI114ARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION t. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODLICTSXOMPLETED OPERATIONS LIABILITY COVERAGE PART f t'. i, The following is added to. the Other Insurance Condition and su ersedeslan (2) You have agreed in writing in a contract or py 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 This insurance is primary to and will not seek additional insured. contribution from any ether insurance available to an additional insured under your policy provided that: f: (1) The additional insured is a Named Insured under such other insurance;and i t j I t i. k is t f i i' E t i } f CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1