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Parker Brown, Inc. - 2020-10-19
AMENDMENT NO. 3 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKER BROWN, INC. FOR TRAILER TENANT IMPROVEMENTS AT CAMERON LANE 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 PARKER BROWN INC,a California Corporation,hereinafter referred to as "CONSULTANT." WHEREAS,CITY and CONSULTANT are parties to that certain agreement, dated October 19,2020 entitled"Professional Services Contract Between the City of Huntington Beach and Parker Brown,Inc., for Trailer Tenant Improvements at Cameron Lane"which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Forty Eight Thousand Two Hundred Fourteen Dollars($48,214). The additional stun shall be added to the original sum of Five Hundred Seventy Eight Thousand One Hundred Fifty One Dollars ($578,151), for a new contract amount not to exceed Six Hundred Twenty Six Thousand Three Hundred Sixty Five Dollars($626,365). 20-9238/241369 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 sue- /0Z ,2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PARKER BROWN, INC. California By: t§3.J03I00) irector/Chief (Pursuant To HBM print name ITS: (circle one)Chairman/President/Vice President AND Mayor By: Q APPROVED AS TO FORM: �Ta print name ITS: (circle one)Sccretery/Chief Financial Officer/Asst. Secretary—Treasurer C.ij City At omey Date RECEIVE AND FILE: 1i61 City Clerk Date 20-9238/241369 2 AMENDMENT NO.2 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKER BROWN,INC. FOR TRAILER TENANT IMPROVEMENTS AT CAMERON LANE 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 PARKER BROWN INC,a California Corporation,hereinafter referred to as "CONSULTANT." WHEREAS,CITY and CONSULTANT are parties to that certain agreement, dated October 19,2020 entitled"Professional Services Contract Between the City of Huntington Beach and Parker Brown,Inc.,for Trailer Tenant Improvements at Cameron Lane"which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Forty Six Thousand One Hundred Fifty Eight Dollars($46,158). The additional sum shall be added to the original sum of Four Hundred Sixty Five Thousand Four Hundred and Seventy Two Dollars ($465,472),for a new contract amount not to exceed Five Hundred Seventy Eight Thousand One Hundred Fifty One Dollars($578,151). - 20-9197/241071 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 Dc :" 4e r j , 2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PARKER BROWN, INC. California By: Director/Chief (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President AND Mayor By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer C�a <tn City Attorney Date RECEIVE AND FILE: City Clerk Date 20-9197/241071 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 1)c't� +� d' 2020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporati e of PARKER BROWN, INC. California By: Director/Chief (Pursuant To HBUC§3.03.100) print name ITS: (circle one)Chairman/President/Vice President AND ayor By: O, APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer City .Attorney ) Date RECEIVE AND FILE: --------------------------- City Clerk Date eLl 440L/ 20-9197/241071 2 AMENDMENT NO. 1 TO FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKER BROWN, INC. FOR TRAILER TENANT IMPROVEMENTS AT CAMERON LANE THIS AMENDMENT is made and entered into by and between the CITY OF HUNT INGTON BEACH,a California municipal corporation,hereinafter referred to as "CITY," and PARKER BROWN INC,a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated October 19,2020 entitled "Professional Services Contract Between the City of Huntington Beach and Parker Brown, Inc.; for Trailer Tenant Improvements at Cameron Lane"which agreement shall hereinafter be referred to as the"Original Agreement,"and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant; NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Sixty Six Thousand Five Hundred Twenty One Dollars($66,521). The additional sum shall be added to the original sum of Four Hundred Sixty Five Thousand Four Hundred and Seventy Two Dollars($465,472), for a new contract amount not to exceed Five Hundred Thirty One Thousand Nine Hundred Ninety-Three Dollars($531,993). 20-9142/240692 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 e 1- 9 92020. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of to of PARKER BROWN, INC. California By: ector/Chief ©�H ?A 1K�-Z �R (Pursuant To HBMC§3. 3 00) print nfnne C ,F.0 ITS: (circle one)Chairman,PresidenvVice President AND May,,-- r By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial officer/Asst. Seeretary—Treasurer City Attorne it,, Date RECEIVE AND FILE: j440t/ � City Clerk Date 20-9142/240692 2 I FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKER BROWN, INC FOR TRAILER TENANT IMPROVEMENTS AT CAMERON LANE 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 PARKER BROWN, 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 trailer tenant improvements to the 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 1 20-9050/236273 of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 2 20-9050/236273 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The edition of Standard Specifications for Public Works Construction, published by Builders'News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addenda applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders,the CONTRACTOR's proposal, (attached as Exhibit "A"), and, the Federal Requirements from FHWA 1273 (attached as Exhibit"B");and F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or 3 20-9050/236273 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 Four Hundred Sixty Five Thousand Four Hundred Seventy Two Dollars ($465,472.00), 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 Sixty (60) days from the day the Notice to Proceed is issued by CITY, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the 4 20-9050/236273 Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 5 20-9050/236273 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 20-9050/236273 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 Two Hundred Fifty Dollars ($250.00) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to 7 20-9050/236273 CONTRACTOR hereunder. For projects on the National Highway System (NHS), the local formula for liquidated damages will be provided. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless CITY shall grant a further period of time), notify CITY in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of CITY shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by 8 20-9050/236273 other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) ) A time extension; (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) ) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical 9 20-9050/236273 conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or its written designee). All Demands shall be submitted promptly, but in no event later than thirty(30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the DPW may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the DPW fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or 10 20-9050/236273 within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the CITY as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities 11 20-9050/236273 used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by 12 20-9050/236273 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with CITY its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and 13 20-9050/236273 against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. 14 20-9050/236273 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention 15 20-9050/236273 without the express written consent of CITY; however, an insurance policy "deductible" of $5,000.00 is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected 16 20-9050/236273 and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. DISADVANTAGED BUSINESS ENTERPRISES. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. CONTRACTOR shall carry out applicable requirements of Part 26 of Title 49 of the Code of Federal Regulations in the award and administration of this Agreement, which has received funding assistance from the United States Department of Transportation. Failure by CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the CITY deems appropriate. 23. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by 17 20-9050/236273 CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 24. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 25. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 18 20-9050/236273 26. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 27. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name,address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 28. FEDERAL PARTICIPATION Because the United States of America is providing funding for the PROJECT, CONTRACTOR shall comply with the following Federal Statutes and Regulations: A. Attached at Exhibit "B" is FHWA Form 1273, which describes required Federal contract provisions which CONTRACTOR shall perform. Additionally, CONTRACTOR shall incorporate Form 1273 into each of CONTRACTOR's subcontracts for the PROJECT, and further require each subcontractor to incorporate Form 1273 in any lower tier subcontract or purchase order. B. Pursuant to the Federal Cargo Preference Act (46 CFR Part 381), the CONTRACTOR agrees: 19 20-9050/236273 (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Agreement, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (B) (1) of this Section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. CONTRACTOR shall incorporate Section 28(B) of this Agreement into each subcontract, and further require each subcontractor to incorporate Section 27(B) of this Agreement in in any lower tier subcontract or purchase order. C. Pursuant to the Buy America Act, CONTRACTOR agrees: (1) Furnish steel and iron materials to be incorporated in the PROJECT that was melted and manufactured in the United States except: a. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials b. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or$2,500,materials produced outside the United States may be used if authorized 20 20-9050/236273 (2) Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. (3) To incorporate Section 28(C) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. D. Pursuant to Section 402 of the Vietnam Era Veterans Readjustment Act of 1974 (38 USC Section 219 et seq.), CONTRACTOR agrees: (1) To prohibit job discrimination and require affirmative action to comply and advance in employment to (1) qualified Vietnam veterans during the first four (4) years after their discharge, and(2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. (2) To incorporate Section 28(D) of this Agreement into each subcontract and further require each subcontractor to incorporate Section 28(C) into any lower tier subcontract or purchase order. 29. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. 21 20-9050/236273 B. The CONTRACTOR agrees to comply with all of the requirements of Section 306 of the Clean Air Act and section 508 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 30. NOTICE OF THIRD-PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such 22 20-9050/236273 default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 32 and any damages shall be assessed as set forth in Section 32. 32. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven(7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 33. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23 20-9050/236273 34. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 35. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 36. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 37. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: 24 20-9050/236273 TO CITY: TO CONTRACTOR: City of Huntington Beach PARKER BROWN, INC ATTN: Ken Dills Kevin McLean 2000 Main Street 6727 Variel Avenue Huntington Beach, CA 92648 Canoga Park CA 91303 38. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret,define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 39. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the Immigration Reform and Control Act of 1978 (8 USC Section 1324a) regarding employment verification. 40. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 25 20-9050/236273 41. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 42. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 43. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 26 20-9050/236273 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. GENERAL PRINCIPALS 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. 27 20-9050/236273 48. 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. 49. 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 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. 50. 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. 51. 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- 28 20-9050/236273 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. 52. 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 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. 53. 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. 29 20-9050/236273 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. 54. 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. 55. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall 30 20-9050/236273 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 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. 56. 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. 57. 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). 58. 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 31 20-9050/236273 authority or power is not, in fact, held by the signatory or is withdrawn. 59. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that 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&w k r 19 , 20 CONT CTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Print name ITS: (circle one)Chairman/President/Vice President AND Vy Clerk /Z/r%7= By: INITIAT D AND APPR Print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Director of Pu is s Secretary-Treasurer 32 COUNTERPART 20-9050/236273 RE -WED AND APPROVED: City Manager APPROVED AS TO FORM: CityArreyYvm COUNTERPART 33 20-9050/236273 Exhibit A HB NAV Trailer TI Bid Farm.(FAST TRACK.)DO NOT EDIT FORM. Admin Trailer Dining Hail storage/Laundry Demo Flooring,as needed,openings for doors,HVAC,old life safety $ 3,950 $ 4,745 $ 2,710 devices etc Carpentry Infill floor cased opening Q dining.New door openings(or $ 5,385 $ 2,800 $ 2,300 use metal studs) Millwork Cabinets/counters,cased opening In dining walk through BATT Insulation In all new walls,above telling over partition walls $ 1,950 $ 950 Roofing Patch for new AC penetrations $ 5,530 Caulking As needed Doors HM exterior,SC Wood Interior $ 14,775 $ 7,445 $ 4,996 Frames HIM ext/Timely Interior H W Hinges,closers,thresholds,Schlage with Interchangable keyways/cycli Stud Framing 3 5/8"studs.To grid,Use Insulation above for sound $ 28,210 $ 12,640 $ 15,135 proofing.New door openings Drywall 5'8"over new studs.Level 4.Patching Flooring 12"42"glue down,Armstrong 12"x12".Up to 3 colors $ 5,125 $ 8,710 $ 5,800 blended.Vinyl coved base.4" Painting Interior-Accent walls all offices,doors.Exterior-HM doors $ 6,414 $ 5,235 $ 3,360 and frames T bar Repair As needed $ 3,800 $ 7,980 $ 3,800 T bar Tiles As needed HVAC 3 ton for admin offices with duct.T start location TBD $ 37,745 $ 5,310 . Plumbing All Interior plumbing to accommodate sinks,washer,dryer $ $ 22,060 $ 29,235 etc.Water,waste,gas etc.To be"plug and play"once trailers moved to final location ready for you to hook up.Standard fixtures.Stainless steel where possible.Gas distribution etc FLS Fire alarm,sprinklers N/A Electrical Interior power outlets,new lighting(do not re-use).Use $ 24,960 $ 35,287 $ 21,537 available 2x4 LED lights,conduit and box for data,electrical panel upgrades per electrical to accomdate laundry trailer, exit signs.Code compliant Items as your sub dictates,power for new AC General Conditions,OH&P $ 37,030 $ 32,100 $ 27,322 Other List here anything missing from list you need to add: All hours needed to becomplete within 4 weeks and an INC INC INC added 3 day hook up. 2nd phase completion when trailers brought and set atfinal INC INC INC location . Total per building $ 174,874 $ 138,002 $ 122,455 Grand Total $ 435,331 Alternates NOT In base bid Alternate 1 Upgrade to luxury vinyl tile $ 2,425 $ 3,760 $ 2,425 Alternate Paint exterior of modular unit $ 6,780 $ 8,320 $ 6,611 Bid From:Firm PARKER BROWN INC Date: Authorized Signature EXHIBIT B (Required Contract Provision For All Federal Aid Construction Contracts FHWA 1273) 35 20-9050/236273 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-C Required Federal-Aid Contract Language 2.EEO Officer:The contractor will designate and malce known to the contracting officers and EEO Officer who will have the c.The contractor will encourage its present employees to refer responsibiliity for and must be capable of effectively administering minorities 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 responsibility 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 shelf be established and administered,and personnel who are authorized to hire,supervise,promote,and discharge actions of every type,Including hiring,upgrading,promotion, employees,or who recommend such action,or who are transfer,demotion,layoff,and termination,shall be taken without substantially involved in such action,will be made fully cognizant of, regard to race,color,religion,sex,national origin,age or disability. and will Implement,the contractors 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 minlmum: insure that working conditions and employee facHIfles do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b.The contractorwll perlocloally evaluate the spread of wages paid not less often than once every six months,at which time the within each classification to determine any evidence of contractors EEO policy and its implementation will be reviewed discriminatory wage practices. and explained.The meetings will be conducted by the EEO Officer. c.The contractor will periodically review selected personnel actions b.All now supervisory or personnel office employees will be given In depth to determine whether there is evidence of discdminalion, Where evidence Is found,the contractor will promptly take a thorough Indoctrination by the EEO Officer,covering all major aspects of the contractors 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, o.All personnel who are engaged in direct recruitment for the project will be Instructed by the EEO Officer in the contractors d.The contractor will promptly Investigate all complaints of alleged procedures for locating and hiring minorities and women, dlscdmination 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 time. If the Investigation indicates that the for employment and potential employees. discrimination may affect persons other than the complainant, e.The contractor's EEO policy and the procedures to Implement such corrective action shall Include such other persons. Upon such policy will be brought to the attention of employees by completion of each Investigation,the contractor will inform every means of meetings,employee handbooks,or other appropriate complainant of all of their avenues of appeal. means. 6,Tratning and Promotion: 4.Recruitment:when advertising for employees,the contractor a,The contractor will assist in locating,qualifying,and Increasing will Include in al advertisements for employees the notation:"An the skills of minorities and women who are applicants for Equal Opportunity Employer.°All such advertisements wilt be employment or current employees. Such efforts should be aimed placed In publications having a large circulation among minorities at developing full journey level status employees in the type of and women in the area from which the project work force would trade or job classification involved, normally be derived. b. Consistent with the contractor's work form requirements and as a.The contractor will,unless precluded by a valid bargaining permissible under Federal and State regulations,the contractor agreement,conduct systematic and direct recruitment through shall make full use of training programs,Le.,apprenticeship,and public and private employee referral sources likely to yield on-the-job training programs for the geographical area of contract qualified minorities and women.To meet this requirement,the performance, In the avant a special provision for training is contractor will Identify sources of potential minority group provided under this contract,tits subparagraph will be employees,and establish with such identified sources superseded as indicated in the special provision. The contracting procedures whereby rnfnodly and women applicants may be agency may reserve training positions for persons who receive referred to the contractor for employment consideration. welfare assistance in accordance with 23 U,S,C,140(aj. b.In the event the contractor has a valid bargaining agreement. c.The contractor will advise empfoyees and applicants for providing for exclusive hiring hag referrals,the contractor is employment of available training programs and entrance expected to observe the provisions of that agreement to the requirements for each, extent that the system meets the 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 dlscximinating against minorities or potential of employees who are minorities and women and will women,or obligates the contractor to do the same,such encourage eligible employees to apply for such training and implementation violates Federal nondiscrimination provisions. promotion. Page 10 of 23 January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Requiied Federal-Aid Contract'Langunge 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 26.1 3(b): a source of employees,the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for a.The requirements of 49 CFR Part 26 and the Slate DOT's U.S, minorities and women. Actions by the contractor,either direcfly or DOT-approved DBE program are incorporated by reference. through a contmctor's association 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 sex in the performance of a.The contractorwgl use good faith efforts to develop,in this contract. The contractor shall carry out applicable cooperation with the unions,joint training programs aimed requirements of 49 CFR Part 26 in the award and administration toward qualifying more minorities and women for membership of DOT-assisted contracts. Failure by the contractor to carry out In the unions and Increasing the skills of minorities and women these requirements is a material breach of this contract,which so that they may qualify for higher paying employment. may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. b.The contractor will use good faith efforts to Incorporate an EEO clause Into each union agreement to the end that such union 11.Records and Reports:The contractor shall keep such records WE 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 for a period of three years following the date of the final payment to the contractor for all contract work c.The contractor Is to obtain information as to the referral and shell be available at reasonable firnes and places for Inspection practices and policies of the labor union except that to the by authorized representatives of the contracting agency and the extent such information Is within the exclusive possession of FHWA. the labor union and ouch labor union refuses to furnish such information to the contractor,the contractor shall so certify to a. The records kept by the contractor shag document the following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non-minority group members and women employed in each work classifficafion on d.In the event the union is unable to provide the contractor with a the pro)ect: reasonable flow of referrals within the time Emit set forth in the collective bargaining agreement,the contractor will,through (2)The progress and efforts being made in cooperation with independent recruitment efforts,fill the employment vacancies unions,when applicable,to increase employment opportunities without regard to race,color,religion,sex,national origin,age for minorities and women:and or disability,making full efforts to obtain qualified and/or quaiigable minorities and women. The failure of a union to (3)The progress and efforts being made in locating,hiring,training, provide sufficient referrals(even though It is,obligated to qualifying,and upgrading minorities and women, provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b.The contractors and subcontractors will submit an annual report requirements of this paragraph. In the event the union referral to the contracting agency each July for the duration of the practice prevents the contractor from meeting the obligations project,Indicating the number of minority,women,and non- pursuant to Executive Order 11246.as amended,and these minority group employees currently engaged in each work special provisions,such contractor shag immediately notify the classification required by the contract work. This information is contracting agency, to be reported on Fonn FH1VA-1391. The staffing data should represent the project work force on board in all or any part of the a. Reasonable Accommodation for Applicants/Employees last payroll period preceding the and of July. If on-the-job with Disabillties: The contractor must be familiar with the training Is being required by special provision,the contractor will requirements for and comply with the Americans with Disabilities be required to dolleet and report training data. The employment Act and all rules and regulations established there under, data should reflect the work force on board during all or any part Employers must provide reasonable accommodation In all of the last payroll period preceding the end of July. employment activities unless to do so would cause an undue hardship. 111.NONSEGREGATED FACILITIES 9.Selection of Subcontractors,Procurement of Materials and This provision is applicable to all Federakttd construction contracts Leasing of Equipment:The contractor shag riot dlscrunlnate on and to all related.construction subcontracts of$10,000 ormore. the grounds of race,color,religion,sex,national origin,age or disability in the selection and retenflon of subcontractors,Including The contractor must ensure that facilities provided for employees procurement of materials and leases of equipment. The contractor are provided in such a manner that segregation on the basis of shall take all necessary and reasonable steps to ensure race,color,religion,sex,or national origin cannot result. The nondiscrimination In the-administration of this contract. contractor may-neijher require such segregated use by wrillen or oral policies nor tolerate such use by employee custom. The a.The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that Its employees suppliers and lessors of their EEO.obligations under this contract, are not assigned to perform their services at any location,under the contractor's control,where the facilities are segregated.The term - b.The controotorwilt use good faith efforts to ensure subcontractor "fsoltities"Includes wailing rooms,work areas,restaurants and compliance With their EEO obligations. other eating areas,time clocks,restroorns,washrooms,locker rooms,and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing•provided for employees.The contractor shag provide separate or single-user-restrooms and necessary dressing or sleeping areas to assure privacy between sexes. Page it of 23 January2019 Local Assisinmce Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273—Revised May 1,2012 IV. DAVIS-BACON AND RELATED ACT PROVISIONS (1)The work to be performed by the classification requested is not performed by a classification in the wage determination;and This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and tower-tier (it)The classification Is utilized in the area by the Construction subcontracts(regardless of subcontract site). 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 (gi)The proposed wage rate,Including any bona fide fringe benefits, collectors,which are exempt. Contracting agencies may electto bears a reasonable relationship to the wage rates contained In apply these requirements to other projects, the wage determination. The following provisions are from the U.S.Department of Labor (2)If the contractor and the laborers and mechanics to be regulations in 29 CFR 5.5"Contract provisions and related matters" employed in the classification(it known),or their with minor revisions to conform to the FHWA-1273 format and representatives,and the contracting officer agree on the FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action 1. Minimum wages taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor,Washington,DC a. All laborers and mechanics employed or working upon the site 20210.The Administrator,or an authorized representative,will of the work,will be paid unconditionally and not less often than approve,modify,or disapprove every additional classification once a week,and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the contracting account(except such payroli'deductions as are permitted by officer or will notify the contracting ofticerwlthin 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 fun amount of wages and bona fide 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 of the 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 tale(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,"ad to the provisions of paragraph 1,d, contracting officer or will notify the contracting officer within the of this section;also,regular contributions made or costs incurred for 30-day period that additional time Is necessary. more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, (4)The wage rate(Including fringe benefits where appropriate) are doomed to be constrictively made or incurred during such determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this weekly period.Such laborers and mechanics shall be paid the section,shall be paid to all workers performing work In the appropriate wage rate and fringe benefits on the wage classification under this contract from the first day on which work determination for the classification of work actually performed, is performed in the classification, without regard to skill,except as provided in 29 CFR 5.6(aX I). Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each c.Whenever the minimum wage rate prescribed in the contract for classification for the time actually worked therein-Provided,That a class of laborers or mechanics Includes a fringe benefit which the employer's payroll records accurately set forth the time spent in is not expressed as an hourly rate,the contractor shall either each classification in which work Is performed.The wage pay The benefit as slated In the wage determination or shag pay determination(Inducting any additional classification and wage another bona fide fringe benefit or an hourly cash equivalent rates conformed•onderparagraph 11A of this section)and the thereof. Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its.subcontradors at the site of the work In a prominent and socesslble place where it can be easily seen by the If the contractor does not make payments to a trustee of other workers. third e wages person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costa reasonably anticipated In providing bona fide fringe benefits under a plan or 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 Ad 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 account assets for contracting officer shall approve'an additional classification and the meeting of obligations under the plan or program. wage rate and fringe benefits therefore only when the following criteria have been met: Page 12 of 23. - January 2039 Local Assistance Procedures Manual EXHIBIT B Exhibit12-G Required Federal-Aid Conti-not Language FHWA-1273—Revised May 1,2012 2. Withholding current address of each covered worker,and shall provide them The contracting agency shell upon its own action or upon written upon request to the contracting agency for transmission to the request of an authorized representative of the Department of Labor, State DOT,the FHWA or the Wags and Hour Division r the q p p Department of Labor for purposes of an investigation or audit of Withhold or cause to be withheld from the contractor under this compliance with prevailing wage requirements.It Is not a violation contract,or-any other Federal contract with the same prime of this section for a prime contractor to require a subcontractor to _ contractor,or any other federally-assisiad contract subject to Davis- provide addresses and social security numbers to the prime Bacon prevailing wage requlremanls,which is held by the same 'contractor for its own records,without weekly submission to the prime contractor,so much of the accrued payments or advances as contracting agency. may be considered necessary to pay laborers and mechanics, including apprentices,Irainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required (2) Each payroll submitted shall be accompanied by a"Statement by the contract. In the event of failure to pay any laborer or of Compliance,"signed by the contractor or subcontractor or his mechanic,Including any apprentice,trainee,or helper,employed or or her agent who pays or supervises the payment of the working on the site of the work,all or part of the wages required by persons employed under the contract and shall certify the the contract,the contracting agency may,after written notice to the following:• contractor,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds (i)That the payroll for the payroll period contains the information until such violations have ceased, required to be provided under§5.5(a)(3)(il)of Regulations,29 CFR part 5,the appropriate information Is being maintained 3, Payrolls and basic records under§5.6(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 (I)That each laborer or mechanic(including each helper, period of three years thereafter for all laborers and mechanics apprentice,and trainee)employed on the contract during the working at the site of the work,Such records shaft contain the payroll period has been pald the full weekly wages earned, name,address,and social security number of each such worker, without rebate,either directly or Indirectly,and that no his or her correct classification,hourly rates of wages paid deductions have been made either directly or indirectly from the (including rates or contributions or costs anticipated for bona fide full wages earned,other then permissible deductions as set fringe benefits or cash equivalents thereof of the types described In forth In Regulations,29 CFR part 3; section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid, (ill)That each laborer or mechanic has been paid not less than the Whenever the Secretary of Labor has found under29 CFR applicable wage rates and fringe benefits or cash equivalents 5.5(ax1)(Iv)that the wages of any laborer or mechanic Include the for the classification of work performed,as specified in the amount of any costs reasonably anticipated in providing benefits applicable wage determination incorporated Into the contract. under a plan or program described In section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits Is enforceable,that (3)The weekly submission of a properly executed certificallon set the plan or program is financially responsible,and that the plan or forth on the reverse side of Optional Form WH-347 shag program has been communicated In writing to the laborers or satisfy the requirement for submisslon or 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 ihourred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall (4)The falsification of any of the above certifications may subject maintain written evidence of the registration of apprenticeship the contractor or subcontractor to civil or criminal prosecution programs and certification of trainee programs,the registration of under section 1001 of He 18 and section 231 of fifie 31 of the the apprentices and trainees,and the ratios and wage rates United Stales Code. prescribed In the applicable programs. b. (1)The contractor shall submit weekly for each week in which c.The contractor or subcontractor shall make the records any contract work is performed a copy of all payrolls to the required under copying, or transcription of onthi section available for contracting agency. The payrolls submitted shall set out accurately inspection,copying,a Con scrting a e 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)(1) except that full social security numbers FHWA or the Department of Labor,end shall permit such and home addresses shall not be included on weekly transmittals. representatives to interview employees during working hours Instead the payrolls shall only need to include an individually on the job.If the contractor or subcontractor fails to submit the identifying number for each employee(e.g.,the last four digits of required records or to make them a,the co the FHWA may, the employee's social security number).The required weekly payroll the en notice la to such contractor,the contracting agency or to Information may be submitted In any form desired,Optional Form the Seale DOT,take such action he may be necessary, WH-347 is available forlhis purpose fromYhe Wage and Hour cause the suspension of any further payment,advance,or Division Web site at guarantee of funds,Furthermore,failure to submit the required http iwww.dol.govlosahuhd/tornsNrh347instr him or its successor records upon request or to make such records available may site.The prime contractor is responsible for the submisslon of be grounds for debarment action pursuant to 29 CFR 6.12. copies of payrolls by all suboDntractors.Contractors and subcontractors shall maintain the full social security number and Page 13 of 23 - January 2019 Local Assistance Procedures Manual EXHIBIT Exhibit12-G Required Federal Aid Contract Language FHWA 1273— Revised May 1,2012 4, Apprentices and trainees The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment a.Apprentices(programs of the USDOL). and Training Administration. Apprentices will be permitted to work at lase than the predetermined Every trainee must be paid at not less than the rate specified in the approve rate for the work they performed when they are employed pursuant d,program for the trainee's level of progress,expressed as fied In the to and Individually registered in a bona fide apprenticeship program applicableewage dete of the ermination.Trainees shaan hourly rate ll el 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 on the wage recognized by the Office,or if a person Is employed in his or bar 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 apprenticeship program,who is not Individually registered In the associated with the corresponding journeyman wage rate on the program,but who has been certified by the Office of Apprenficeship wage determination which provides for less than full 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 participating in a training plan approved employment as an apprentice. by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for The allowable ratio of apprentices to 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 performing work on the job site in excess of the ratio permitted to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the program.Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the work who Is not registered of otherwise employed as stated above,shall actually performed. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In In the event the Employment and Training Administration withdraws addition,any apprentice performing work on the job site In excess approval of a training program,the contractor will no longer be of the ratio permitted under the registered program shall be paid not permitted to utilize trainees at less than the applicable less than the applicable wage rate on the wage determination for predetermined rate for the work performed until an acceptable the work actually performed.Where a contractor is performing program is approved. construction on a project In a locality other than that In which its program is registered,the rages and wage rates(expressed in percentages of the joumeyman's hourly rate)specified in the c.Equal employment opportunity.The utilization of apprentices, contractor's or subcontractor's registered program shall be trainees and journeymen under this part 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 specified in the registered program for the apprentice's level of progress, d.Apprentices and Trainees(programs of the U.S.DOT). expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination.Apprentices shall be paid Apprentices and trainees working under apprenticeship and skill fringe benefits in accordance with the provisions of the training programs which have been certified by the Secretary of apprenticeship program if the apprenticeship program does not Transportation as promoting EEO in connection with Federal-aid specify tinge benefits,apprentices must be paid the full amount of highway construction programs are not subject to the requirements fringe benefits listed on the wage determination for the applicable of paragraph 4 of this Section IV.The straight time hourly wage classification.If the Administrator determines that a different rates for apprentices and trainees under such programs will be practice prevails for the applicable apprentice classification,fringes established by the particular programs.The ratio of apprentices and shall be paid In accvrdarlce with that determination. trainees to journeymen shall not be greater than permitted by the terms of the particular program, In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by 5.Compliance with Copeland Act requirements. The contractor the Office,withdraws approval of an apprenticeship program,the shall comply with the requirements of 29 CFR part 3,which are contractor will no longer be permitted to utilize apprentices at less Incorporated b reference in this contract. than the applicable predetermined rate for the work performed until y an acceptable program Is approved. &Subcontracts, The contractor or subcontractor shall insert b.Trainees(programs of the USDOL), Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-f 273 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 5.5. unless they are employed pursuant to and Individually registered In a program which has received prior approval,evidenced by formal 7 Contract termination:debarment. A breach of the contract certification by the U.S.Department of Labor,Employment and clauses In 29 CFR 5.5 may be grounds for ierminatien 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 Local Assistance Procedures Manual EXHIBIT B Exhibit 11-G Required Federal-Aid Contract Language FHWA-1273—Revised May 1,2012 9.Compliance with Davis-Bacon and Related Act requirements. 3.Withholding for unpaid wages and liquidated damages,The Alt rulings and interpretations of the Davis-Bacon and Related Acts FHWA or the contacting agency shaft upon its own notion or upon contalned in 20 CFR parts 1,3,and 5 are herein incorporated by written request of an authorized representative of the Department of reference in this contrail Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor 9.Disputes concerning labor standards.Disputes arising out of under any such contract or any other Federal contract with the - the labor standards provislorrs of this contract shall not be subject to same prime contractor,or any other federally-assisted contract the general disputes clause of this contract Such disputes shall be subject to the Contract Work Hours and Safety Standards Act, resolved in accordance with the procedures of the Department of which is held by the same prime contractor,such sumo as may be Labor set forth in 29 CFR parts 5,6,and'7.Disputes within the determined to be necessary to satisfy any eslia and liquidated of such meaning of this clause include disputes between the contractor(or contractor or subcontractor for unpaid wages and paragraph (2 any of Its subcontractors)and the contracting agency,the U.S. damages as provided In the clause set forth in paragraph(2.}of this Department of Labor,or the employees or their representatives, section. 10.Certification of eligibility. 4.Subcontracts, The contractor or subcontractor shall Insert In any subcontracts the clauses set forth in paragraph(1.)through(4.) of this section and also a clause requiring the subcontractors to a.By entering into this contract,the contractor berUTies that neither include these clauses In any lower liar subcontracts.The prime It(nor he or she)nor any person or fine who has an interest in the contractor shall be responsible for compliance by any subcontractor contractor's firm Is a person or firm ineligible 10 be awarded or lower tier subcontractor with the clauses set forth In paragraphs Government contracts by virtue of section 3(a)of the Davis- (1.)through(4.)of this section. Bacon Actor 29 CFR 5.12(a)(1). b,No part of this contract shall be subcontracted 10 any person or VI.SUBLETTING OR ASSIGNING THE CONTRACT firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). This provision is applicable to all Federal-old construction contracts on the National Highway System. c.The penalty for making false statements is prescribed in the U.S, 1.The contractor shall perform with Its own organization contract Criminal Code,18 U.S.C.1001. work amountbrg to not less than 30 percent(or a greater percentage If specified elsewhere In the contract)of the total V. CONTRACT WORK HOURS AND SAFETY STANDARDS original contract price,excluding any specialty Items designated ACT by the contracting agency, Specialty items may be performed by subcontract and the amount of any such specialty Items The following clauses apply to any Federal-aid construction contract performed may be deducted from the total original contract price In an amount In excess of$100.000 and subject to the overtime before computing the amount of work required to performed provisions of the Contract Work Hours and Safety Standards Act by the contractor's own organization(23 CFR 035.116). These clauses shall be inserted in addition to the clauses required a. The temr'pertorm work with its own organization'refers to by 29 CFR 5,5(a)or 29 CFR 4.8. 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 tern does not include employees or 1.Overtime requirements. No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor, contracting for any part of Cie contract work which may require or agents of the prime contractor,or any other assignees. The Involve the employment of laborers or mechanics shall require or term may Include payments for the costs of hiring(eased permit any such laborer or mechanic in any workweek in which he employees from an employee leasing firm meeting all relevant or she is employed on such work to work in excess of forty hours In Federal and State regulatory requirements. Leased such workweek unless such laborer or mechanic receives employees may only be Included in this term if the prime compensation at a rate not less than one and one-half times the contractor meats all of the following conditions. basic rate of pay for all hours worked in excess of forty hours in such workweek (1)the prime contractor maintains control over the supervision of the day-today activities of the leased employees; rime contractor remains 2.Vlolation;liability for unpaid wager,liquidated damages. In (2)Work of the leased employees;responsible for the quality of the 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 stable for the unpaid wages.In addition,such (4)the prime contractor remains ultimately responsible for the contractor and subcontractor shall be liable to the United States(in payment of predetermined minimum wages,the submission of the case of work done under contract for the District of Columbia or payrolls,statements of compliance and all other Federal a territory,to such District or to such territory),for fiquldated regulatory requlremenis, damages.Such liquidated damages shell 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 violation of the clause set forth in paragraph requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract Page 15 of 23 - January 2019 Local Assistance Procedures Manual EXHIBIT B Exhibit12-G Required Federal-Aid Conti-act Language FHWA-1273-Revised May 1,2012 (1.)of this section,in Ore 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 confommfly with approved plans and specifications and a high standard workweek of forty hours without payment of the degree of raliablllty on statements and representations made by overtime wages required by the clause set forth In paragraph(1.) engineers,contractors,suppliers,and workers on Federal-aid of this section. highway projects,It Is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible.Willful falsification,distortion,or misrepresentation with 2.The contract amount upon which the requirements set forth In respect to any facts related to the project Is a violation of Federal paragraph(1)of Section VI Is computed Includes the cost of law,To prevent any misunderstanding regarding the seriousness of material and manufactured products which are to be purchased these and similar acts,Form FHWA-1022 shall be posted on each or produced by the contractor under the contract provisions. Federal-aid highway project(23 CFR 635)In one or more places where It is readily available to all parsons concerned with the 3.The contractor shall furnish(a)a competent superintendent or project: supervisor who is employed by the firm,has full authority to direct performance of the work in accordance with the contract requirements,and Is in charge of all construction operations 18 U.S.C.1020 reads as follows: (regardless of who performs the wodc)and(b)such other of its own organizational resources(supervision,management,and 'Whoever,being an officer,agent,or employee of the United engineering services)as the contreoting 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 4,No portion of the contract shall be sublet assigned or otherwise statement,false representation,or false report as to the character, P quality,quantity,or cost of the malarial used or to be used,or the disposed of except with the written consent of the contracting quantity or quality of the work performed or to be performed,or the officer,or authorized representative,and such consent when cost thereof in connection With the submission of plans,maps, given ohali 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 orgy after the contracting agency has assured that Transportation-or each subcontractis evidenced In writing and that it contains all pertinent provisions and requirements of the prime contracL Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the S.The 30%self performance requirement of paragraph(1)is not character,quality,quantity,or cost or any work performed or to be applicable to design-bulld contracts;however,contracting performed,or materials furnished or to be fumished,in connection agencies may establish their own self-performance requirements with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false VII.SAFETY,ACCIDENT PREVENTION representation as to material fact in any statement,certificate,or report submitted pursuant to provisions of the Federal-ald Roads This provision Is applicable to all Federal-aid construction contracts Act approved July 1,1916,(39 Stat.355),as amended and and to all related subcontracts. supplemented; 1. In the performance of this contract the contractor shall comply Shah 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 shalt provide all safeguards,safety devices and protective equipment IX,IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL and take any other needed actions as it delemmines,Or as the WATER POLLUTION CONTROL ACT contracting oilier may determine,to be reasanabry necessary This provision is applicable to all Federal-aid construction contracts to protect the life and health of employees on the job and the and.to all related subcontracts. safety of the public and to protect property in connection with the performance of the work covered by the contract. By submission of this bid/proposaf or the execution or this contract, 2. It is a condition of lids contract,and shall be made a condition of or subcontract as appropriate,the bidder,proposer,Federal-aid each subcontract,which the contractor enters into pursuant to construction contractor,or subcontractor,as appropriate,will be this contract,that the contractor and any subcontractor shall not deemed to have stipulated as follows: permit any employee,In performance of the contract,to work in 1.That any person who is or will be utilized in the performance of surroundings or under conditions which are unsanitary, this contract Is not prohibited from receiving an award due to a hazardous or dangerous to his/her health orsafety,as violation of Section Sob of the Clean Water Act or Section 306 of determined under construction safety and health standards(29 the Clean Air Act. CFR 1926)promulgated by the Secretary of Labor,in 2 That the contractor agrees to Include or cause to be included the accordance with Section 107 of the Contract Work Hours and requirements of paragraph(1)of this Section X in every Safety Standards Act(40 U,S.C.3704). subcontract,and further agrees to take such aotlon as the 3.Pursuant to 29 CFR 1926,3,It IS a condition of this contract That contracting agency may direct as a means of enforcing such the Secretary of labor or authorized representative thereof,shall requirements. have right of entry to any site of contract performance-to inspect or Investigate the matter of compliance with the construction safety and health standards and to carryout the duties of the- Page 16 of 23, - - January•2019 Local Assistance Procedures Manual EXHIBIT B Exhibit 12-G Required Federal-Aid Contract Language FHWA-1273—Revised May 1,2012 Secretary under Section 107 of the Contract Work Hours and X,CERTIFICATION REGARDING DrURNIEN7,SUSPENSION, Safety Standards Act(40 U.S.C,3704), INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-old construction contracts, Vtti.FALSE STATEMENTS CONCERNING HIGHWAY design-build contracts,subcontracts,lower-tier subcontracts, PROJECTS purchase orders,(ease 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 Her covered transaction that is not debarred,suspended,Ineligible,or voluntarily excluded from a-By signing and submitting this proposal,The prospective first tier the covered transaction,unless It knows that the certification Is participant Is providing the certification set out below, erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to b.The inability or a person to provide the certification set out below participate In covered transactions. To verify the eligibility of Its will not necessarily result In denial of partictpation in this covered principals,as well as the eligibility of any lower tier prospective transaction.The prospective first tier participant shall submit an participants,each participant may,but is not required to,check the explanation of why it cannot provide the tiertlfication set out below. Excluded Parties List System webslle(hit p;//ww��.enis savfl,vfileh The certification crexplanation will be considered in connection is compiled by the General Services Administration. with the department or agency's determination whether to enter Into this transaction.However,failure of the prospective first tier 1.Nothing contained In the foregoing shall be construed to require participant to furnish a certification or an explanation shall the establishment of a system of records in order to render in good disqualify such a person from participation In(hie transaction, faith the certification required by this clause.The knowledge and Information of the prospective participant is not required to exceed c.The certification in this clause Is a material representation of fart that which Is normally possessed by a prudent person In the upon which reliance was placed when the contracting agency ordinary course of business des fings. determined to enter into this transactlon,if It Is later determined that the prospective participant knowingly rendered an erroneous J,Except for transactions authorized under paragraph(f)of these certification,in addition to other remedies available to the Federal Instructions,if a participant in a covered transaction knowingly Government,the contracting agency may terminate this enters into a lower tier covered transaction with a person who is transaction for cause of default suspended,debarred,ineligible,or voluntarily excluded from participation In this transaction,In addition to other remedies d.The prospective first let participant shall provide Immediate written available to the Federal Government,the department or agency nofice to the contracting agency to whom this proposal Is may terminate this transaction for cause or default submitted if any time the prospective first Oar participant leams that Its certification was erroneous when submitted or has become •"" erroneous by reason of changed circumstances, 2. Certification Regarding Debarment,Suspension,Ineligibility e,The terms"covered transaction,""debarred"suspended" and Voluntary Exclusion—First Tier Participants; Ineligible,""participant'"person""principal,"and"voluntarily excluded'as used in this clause,ate defined in 2 CFR Parts 180 a,The prospective first tier participant certifies to the best of Its and 1200, "First Tier Covered Transactions"refers to any covered knowledge and belief,that It and its principals: transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract} 'Lower Tier (1)Are not presently debarred,suspended,proposed for Covered Transactions"refers to any covered transaction under a debarment,declared ineligible,or voluntarily excluded from First Tier Covered Transaction(such as zubooniracts). "First Tier participating in covered transactions by any Federal department Participant'refers to the participant who has entered into a or agency, covered transaction with a grantee or subgrentes of Federal funds (such as the prime or general contractor), "Lower Tsar Participant' (2)Have not within a three-year period preceding this proposal refers any participant who has entered Into a covered transaction been convicted of or had a civil Judgment rendered against them with a First Tier Participant or other Lower Tier Participants(such for commission of fraud or a criminal offense In connection with as subconirectom and suppliers). obtaining,attempting to obtain,or performing a public(Federal, Stale or local)transaction or contract under a public transaction; f. The prospective Orst 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 destiudlon Into,it shall not knowingly dnter into any lowertler covered of records,making false statements,or receiving stolen transaction with a person who is debarred,suspended,declared property, Ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency (3)Are not presently indicted for or otherwise criminally or civilly entering Into this transaction, charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph g.The prospucttve first Her participant further agrees-by submitting (ax2)of this certification;and this propose(that Twill Include the clause tilled"Certification Regarding Debarment;Suspension,Inefigibillty and Voluntary (4) Have not within a.three-year period preceding this Exclusion-Lower Tier Covered Transactions,"provided by the applicahonfproposat hadone or more public transactions department or contracting agency,entering into this covered (Federal,State or local)terminated for cause or default. Page 17 of 23 - — January 201.9 Local Assistance Procedures Manual EXHIBIT B Exblbit 12-G Required Federal-Ald Contract Language FNWA-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 this proposal, 2.Instructions for Certification-LowerTrer Participants: i,Except for transactions authorized under paragraph a of these Instructions,if a participant in a covered transaction knowingly (Applicable to all subcontracts,purchase orders and other lower tier enters into a lower fier covered transaction with a person Who is transactions requiring prior FHWA approval or estimated to cost suspended,debarred,ineligible,orvoluntadly excluded from $26,O00 or more-2 CFR Parts 186 and 1200) participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency a.By signing and submitting this proposal,the prospective lower tier with which this transaction originated may pursue available Is providing the certification set out below, remedies,including suspension and/or debarment. b.The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was Certification Regarding Debarment,Suspension,Ineligibility entered Into.If it is later determined that the prospective lower tier and Voluntary Exclusion-Lower Tier Participants: participant knowingly rendered an erroneous certification,In 1.The prospective lower tier participant certl0es,by submission of addition to other remedies available to the Federal Government, this proposal,that neither it nor Its principals Is presently the department,or agency with which this transaotion originated debarred,suspended,proposed for debarment,declared may pursue available remedies,including suspension andlor Ineligible,or voluntarily excluded from participating in covered debarment transactions by any Federal depanment or agency. a The prospective lower tier participant shall provide Immediate 2 Where the prospective lower tier participant is unable to certify to written notice to the person to which this proposes is submitted If at any time the prospective lower tier participant learns that Its any of the statements In this certification,such prospectiveparticipant shall attach an explanation to this proposal. cerfificat)on was erroneous by reason of changed circumstances. ..a�. d.The terms"covered transaction,""debarred,""suspended," XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS "ineligible,""partlelpant,""person,""pdnclpaf,"and"voluntarily FOR LOBBYING excluded,"as used in this clause,are defined in 2 CFR Parts 180 This provision is applicable to all Foderataid construction contracts and 1200. You may contact the person to which this proposal is and to all related subwrdraels which exceed$100,000(49 CFR submitted for assistance In obtaining a copy of those regulations. 20), "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgranlee 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 arty covered transaction belief,that: under a First Tier Covered Transaction(such as subcontracts). a.No Federal appropriated funds have been paid or will be paid, "First Tier Participant"refers to the participant who has entered by or on behalf of the undersigned,to any person for Influencing Into a covered transaction with a grantee or subgrantee of or attempting to Influence an officer or employee of any Fedaral' Federal funds(such as the prime or general contractor). "Lower agency,a Member of Congress,an officer or employee of Tier Participant'refers any participant who has entered into a Congress,or an employes of a Member of Congress In covered transaction with a First Tier Participant or other lower connection with the awarding of any Federal contract,the Tier Participants(such as subeontrootors and suppliers). making of any Federal grant,the making of any Federal loan, the entering Into of any cooperative agreement,and the e.The prospective lower tier participant agrees by submitting this extension,continuation,renewal,amendment,or modification of proposal that,should the proposed covered transaction be any Federal contract,grant,loan,or cooperative agreement entered Into,itshall not knowingly enter Into any lower tier b.if any funds other than Federal appropriated funds have been covered transaction with a person who Is debarred,suspended, paid or will be paid to any person for influencing or attempting to declared Ineligible,or voluntarily excluded from participation In Influence an officer or employee of any Federal agency,a this covered transaction,unless authorized by the department or Member of Congress,an officer or employee of Congress,or an agenoy with which this transaction originated. employee of a Member of Congress In connection with this Federal contract,grant,loan,or cooperative agreement,the t The prospective lower fier participant further agrees by submitting undersigned shall complete and submit Standard Form-U.L, this proposal that It will include this clause titled"CergBcallon "Disclosure Form to Report Lobbying,"in accordance with Its Regardiny Debarment,Suspension,ineligibility and Voluntary instructions. Exclusion-Lower Tier Covered Transaction,"without modification, In all lower Her covered transactions and in all solicitations for lowerfler covered transactions exceeding the$25,000 threshold. 2.This certification 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 cediflcation is a prerequisite for making cerfsficafion of a prospective participant In a lower tier covered or entering into this transaction imposed by 31 U.S.C.1352. transaction that is not debarred,suspended,Ineligible,or Any person who falls to Me the required certification shall be voluntarily excluded from the covered transaction,unless It(mows subject to a olvil penalty of not lase 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 Hs principals are not suspended,debarred,or otherwtse Ineligible to participate in covered transactions. To verify the efigibillty of Its principals,as well as the eligibility of any 3.The prospective participant also agrees by submitfing its bid or lower tier prospective participants,each partlelparrt•may,but is proposal that the participant shall require that the language of not required to,check the Exduded Parties List System website this cedificallon'be Included in all lower 6ersubcontracis,which Page 18 of 23 January 2019 . ' . Local Assistance procedures Manual EXHIBIT B Exhibit 12 G Required Federal-Aid Contract Language FHWA-1273.- Revised May 1,2012 fhttus:Jlm�nee 1�.eovll,which is compiled by the General Services exceed information of participant Is not required to exceed that Administration. which is$100,000 and that all such recipients shall certify and disclose accordingly. h.Nothing contained In the foregoing shall be construed to require establishment of at system of records In order to render In good faith the cerllficatfon required by this clause,The knowledge and normally possessed by a prudent person in the ordinary course of business dealings, Page 13 of 23 — - January 2019 q�V q9 DATE(WVDDWM s>lcoiQo CERTIFICATE OF.LIABILITY INSURANCE 0/13/2020 THIS,CERTIFICATE IS ISSUED AS A MATTER of INFORMATION ONLY AN CONFERS NO RIGHTS UPON THR CERTIFICATE HOLDER.THIS 'CER71FICATE DOES NOT AFFIRMATIVELY dR,MEGATIVELY AMEND EXTEND OR AIfEg in COVE 'RAGE AFFORDED BY- H£POLICIES j BELOW. THISIRRTiFICATEtSFINSURANCEDOESNOTCONSTITUTEACONTRACTBDTWlEEN THE 1SSUlNG:IN5t1RER(5),AUSHORIZED. REF'ItESENTATIVE OR PRo17UCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the cerilfloato holder Is an ADDITIONAL INSURED,the poticy(les)must have ADDITIONAL INSURED provisions or be endorsed. i If SUBROGATION IS WAIVED,subject'te the lerms and conditions of the Colley,oerteln policlos may require an endorsement. A staterrWnt'on thls oerdflcate does riot confer rightsto ilia certlflcate Bolder lit pod of sucli endorsement s. PR°°ucECT . DO Insurance I DeGennaro lilsurance Inc' c° Dennis DeGenr aro 805 378 3889 a 80 379.2355 616 Pennsfield Place,Sulte 203 N r Thousand ORks,CA 913E-0 AVORESS, donhis@Ddgbr6kefg.com License#;0072965/OE24624 INS 9 AF ORD COVFRPOE NAbA INSURERA: ML HaWW INSLRED INSURER B: Mercu1y 383 2- Parker Brawn Inc INsOREic t Cypress Insurance Company 6727 Varlel Ave INSURE r): Toklo Marine 812edlalty II s fante Co Canoga Park,CA 91303.-2811 ihsupj=R E: Ha Ord INSURFRF: COVERAGES CERTIFICATE NUMBER: 00000275-1753423 REVISION NUMBER: 282 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY 11EQUIREMENT,TERM OR CONDITION OFANi CONTRACTOR OTHER DOCUMENTyVITH RESPECT TOW-I1CH THIS 'CERTtF1CATE MAY BE ISSUEOOR.lAAY PERTAIN,THE INSURANCE AFFORDEO BY THE pouclES DESCRIBED HEREIN,IS SUBJECT TO ALL THE TERMS; EXCLUSIONS AND CORDITIONS OFSIICH POLICIES,LIMITS SHOWNMAY.I-AVE[TEEN REDUCED BY PAID CLAIMS. INSR TYPE DFTNSURANCE AenL SUB POLL 'R PO C EF POLL E7fP. LIMITS A X CDMMERCIALGEMRALUASIUTY MgLO190020 03/15/2020 03(16/2021 E'ACHOOWRRMW- s 1,060,05 UiARIWE TO RENTED 'CLAIMSMAI)E©OCOIR FWPASES(Eeocoumcol $ 100,000 MEDEXP onepwsoa' 1 6 000 PERSONAL&ADVINJURY $ 1,000,000 GEHL AGGREGATE LI)ApT.APPLIES PER: GENERAL AGGREGATE S 2,000,000 t?a=�m LOC PRODUCTS:C_OMPfOPAGG S 2,000,000 OTHER: $ g AUTOMOBILEUABILITY BA040000032333 03/1612020 0911b/2021 ODD Dsl LE Mdr s 1 000 000 AWAUTO WDILYINJURY(PorpQrson) 1 owto WHO"LED BCp9LYINJJRY(Per ecddoil S ]xx AUrOS ONLY XNJTOSR,) CY GE r AUTOOSOkLr X �o�sgNLYY APPROVED AS TQ pp M ro s A X. UMBRELLALrae X OCCUR P/L04311R I f2 0 1 EACH OCCURRENCE s 10,000 000 EXCESS LIAB -CLAIMS-MADE AGGREGATE' '1 10,000,000 MICHAEL E.GAT S s IDEDI I ON C WORMRSCOMPENSAMON 11/01/2019 11f0112020 X.1 PER oTM' AW EMPLOYERS'UADIDTV AWPROPMETORIPARTNEWE)(ECUDVE t r i N1A IVCiTO►V t3l CFt E.L.EACH ACODMT S- 1,000,000 OFFICERnAENBERExCL CEO? (�) I on at w o E-LOSEASE-EAMPLOYEE 1,000,000 Ir d� o a u p El,DISEASE•axrCY Ll MIT 1,000,000. D Pollution/Prof Liab PPK2183182 10109=20 101OW2021 Each Occ/Agg 1,0 0,00012,000,000 E Crime Coverage 72BDDIE4122 OBIDUP019 DW0812022 CoolAgg 1,009,000 DE9CMrMNOFOPERATIONSILOCATONSIVEWtES(ACORD101,Addidw4)Remaft$ch#&Ae,maybe'atiocNdUmor6spacslsragUfed)' When required by written Contract,certificate holder and any entities listed are named as additional Insured per attached endorsement(e).CG 2010 0413 The City,Its offioers,ologted or appolnted'officlais,employees,agents,and volunteer's are to lie covered as additional Insureds by separate attaohed endorsements)as respects ilablllty arising out of action performed by or on behalf of the odhitaetot,products and completed'operatlotis of the contractor,premises owned,occdpled or used by the contraotor,. aontlnued on ACORD 101 Addltlonal Remarks Schedule CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE-- THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Department of Public'Works AOCORgANOrd WITRTHE PCLICYPROVISION& 2060 Main St: Huntington Beach,CA•92648 AmHowzeoREPRE DJD @ 1998-2d15 ACORD CORPORATION. All rights reserved: ACORD 25(201 ow)� The ACORD name and logo are registered marks of ACORD Printed by DJD on October 13,2020 at 01:4OAM AdEWCY OsTbm ID.- 00000275 LOC th ca ADDITIONAL REMARKS SCHEDULE Page ? of 2 AGENCY RWE6 INSURED [)G*Insuranoo.1 DeGennard lilsuranoe Inc Parker brown Inc ROUCY"BER NIA RAIC CODE CAMER MU EFFEOVit-DATMMultiple Carriers ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 13 A SCHEDULE-TO ACORD FORM, FORM NUMBER,- 26 FORM TITLE: 'Cerillfleatei of I-lablilly'Insuranoo (continued from Description of operations) Or autOtIlDbll as owned,laasod or borrowed by the contractor.The coverage shall cordaln-hd special limitations on the scope of'protection afforded to the City, Tills Corfifloatre does not aller or change the coverage on the p6iloy, p1basonote Ilmnitations on attached endorsements. A Cerlifloat6 of Insuranco Will riot botroatod as iiecluoit for change ofpolloy liftn4 end conditions and is amiler of information only and certain policies may require anaddtl6ned endorsement and Is$'ubjecrt to all terms and coridltl6ns oithepp[16y ACORD I O'f(2008/01) 0 2008 ACORD CORPORA716N. All rights reserved, The ACORD name and'fogo are registered marks of.ACORIj Panted by DJI)on October 13,2020 atW:110AM . s Policy Number: MGLO190020 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations: City of Huntington Beach, its officers, Huntington Beach Navigation Center elected or appointed officials,employees, 17631 Cameron Lane agents and volunteers Huntington Beach 92674 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section If — Who Is An Insured is amended to in- not be broader than that which you are required clude as an additional insured the person(s)or organi- by the contract or agreement to provide for such zation(s)shown in the Schedule, but only with respect additional insured. to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or B. With respect to the insurance afforded to these In part, by: additional Insureds,the following additional exclusions apply: 1. Your acts or omissions;or This insurance does not apply to "bodily injury" or 2. The acts or omissions of those acting on your "property damage"occurring after: behalf; 1. All work, including materials, parts or equipment in the performance of your ongoing operations for the furnished in connection with such work, on the additional insured(s) at the location(s) designated project (other than service, maintenance or re- above. pairs)to be performed by or on behalf of the addi- tional insured(s) at the location of the covered However: operations has been completed;or 1. The insurance afforded to such additional insured 2. That portion of"your work" out of which the injury only applies to the extent permitted by law;and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to the additional insured is contractor or subcontractor engaged In performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. I r CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 Insured C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insurance additional insureds, the following is added to Section shown in the Declarations; III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is required by a contract or agreement, the most we will This endorsement shall not Increase the applicable pay on behalf of the additional insured is the amount Limits of Insurance shown in the Declarations. of insurance: 9. Required by the contractor agreement; or i i s t CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 Insured Policy Number: MGLO190020 Mt.Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART i SCHEDULE Name of Additional Insured Person(s) Location and Description of j or Organization(s) Completed Operations i City of Huntington Beach, its officers, Huntington Beach Navigation Center elected or appointed officials,employees, 17631 Cameron Lane agents and volunteers Huntington Beach 92674 Information required to complete this Schedule, If not shown above,will be shown In the Declarations. A. Section II — Who is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to Section organization(s) shown in the Schedule, but only with III—Limits Of Insurance: respect to liability for "bodily injury" or"property dam- age"caused, in whole Dr in part, by"your work"at the If coverage provided to the additional insured is re- location designated and described in the Schedule of quired by a contract or agreement, the most we will this endorsement performed for that additional insured pay on behalf of the additional Insured Is the amount and included in the "products-completed operations of insurance: hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable Limits of Insurance 1. The insurance afforded to such additional Insured shown In the Declarations; only applies to the extent permitted by law;and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- This endorsement shall not increase the applicable ante afforded to such additional insured will not Limits of Insurance shown in the Declarations. not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page'I of 1 Insured i Policy Number: MGLO190020 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed In writing in a contract or agree- and supersedes any provision to the contrary: ment that this insurance would be primary and would not seek contribution from any other in- Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and j i i i I I I i I I I CG 20 0104 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 FOR PURCHASES$250,000 AND ABOVE TO COMPLETE WHEN PURCHASING GOODS AND/OR SERVICES $250,000 AND ABOVE: DEPARTMENT Public Works PREPARER Ken Dills DATE_10/26/20 DEPT HEAD Sean Crumby DESCRIBE PURPOSE OF REQUEST:(Please describe how this request is related to the COVID-19 event) Tenant Improvement for trailers at Cameron Lane Homeless Navigation Center. The homeless population is particularly vulnerable to COVID-19,as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently, the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility lAnll be designed according to current recommendations from the CDC's"Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" (https://wwNw.cdc.cov/coronavirus/2019- neov/community/homeless-shelters/plan-prepare-respond.htnil )and HUD guidance"Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness"(https://files.liudexchange.info/public/ esources/documents/Specific-Considerations-for- Public-Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). 1. JDE Account Number:24540002.82800 2. Method of Procurement: What procurement method was used? U Sealed Bid (>$250,000) Competitive Proposals(>$250,000) Sole Source(Unique or public emergency.The justification for using this method should be thorough and detailed to support the organization's decision-please attach justification to this document) �f tvv y-.54 1S `�dl c��S�P�. ®� j� �n C' 1rG�GP l�Jkj 3. Contractor suspension or debarment check-Document that the selected contractor is not suspended or debarred by performing an exclusion search at https://www.Sam.Qov/SAM/pages/publiclsearchRecords/search.isf and including the search results. (Documents the search by selecting "Save PDF". The resulting report will include the search terms and results. Explain any results for similar names that showed up in the search. Your funding source may require you to check additional lists.) Is a copy of the suspension/debarment check attached to this document?(REQUIRED) vyes 4. Cost/Price Analysis: (Required for procurements over the simplified acquisition threshold, and must be conducted prior to issuing a solicitation). DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 FOR PURCHASES$250,000 AND ABOVE Are copies of the quotes obtained attached to this document? AJ Yes Li No ❑ N/A 5. Selection of Contract Type: 5.1. What contract type was used? CI_Fixed Price/Lump Sum ❑ Time and Material ❑ Unit Price ❑ Sole Source(please check in addition to above if applicable) 5.2. Why was this method selected? (For time and material contracts:describe why no other contract type was suitable, verify that the contractor exceeds the maximum price at its own risk, and describe the oversight to be used to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls) 6. Contractor selection or rejection. Describe the contractor selection decision. (Reference award documentation such as Source Selection Reports, Recommendations for Award, or bid/quote acceptance and rejection letters as appropriate.) Is justification for selection of the final selection attached? f Yes ❑ No ❑ N/A 7. Pre-Qualified Lists. Document that the procurement did not use a previously established list of qualified vendors(pre-qualified list); or that if a pre-qualified list was used, it was open to new qualifications during the solicitation period. A pre-qualified list was not used for this procurement ❑ A pre-qualified list was used, but was open to new qualifications during the solicitation period. 8. Local Preference or Geographical Exclusion: 8.1. Confirm that a local preference was not applied when evaluating bids, proposals, or other solicitations. E,A local preference was not used for this procurement. 8.2. Confirm that geographical exclusions were not included in the SOW or evaluation criteria. KGeographical exclusions were not included in the SOW or evaluation criteria. ❑ The procurement is for professional architectural and engineering services, and the use of a geographical selection criterion resulted in an acceptable number of qualified firms. 9. Cost plus percentage of cost pricing E]_The contract does not use cost plus percentage of cost pricing methods. DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 FOR PURCHASES$250,000 AND ABOVE 10. Recovered Materials-Do the materials contain the highest level of recovered materials practical and consistent with maintaining a satisfactory level of competition, in accordance with EPA guidelines at 40 CFR Part 247? No designated item with over$10,000 in City-wide federal purchases per fiscal year is included in this procurement. ❑ The materials procured contain the highest level of recovered materials practical and consistent with maintaining a satisfactory level of competition. (Explain if competition affected recovered material content.) 11. Minority Businesses,Women's Business Enterprises and Labor Surplus Area Firms 11.1. What affirmative steps were taken to include and solicit small and minority businesses,women's business enterprises, and Labor Surplus Area Firms?(List N A if Micro-Purchase or Sole Source) 11.2. Is it feasible to divide requirements into smaller tasks or quantities,or establish delivery schedules which encourage participation of small and minority businesses, and women's business enterprises? (List N/A if Micro-Purchase or Sole Source) 12. Byrd Anti-Lobbying Amendment(Part 200 Appendix II (1)) Confirm that the required certifications were obtained with the offer. The selected contractor's offer included the required Byrd Anti-Lobbying certifications. 13. Contract Provisions: For all procurements utilizing contracts, confirm that all applicable provisions listed below are included. Provision Applicability Included? Administrative, contractual or legal All contracts in excess of the Simplified remedies where contractors violate Acquisition Threshold ($250k) Y or breach contract terms Termination for cause and Contracts in excess of$10,000 convenience Equal Employment Opportunity All Federally assisted construction ✓� contracts Davis-Bacon Act when required by Construction in excess of$2,000 / Federal program legislation Copeland Anti-Kickback Act Construction or repair contracts in excess of$2,000 Contract Work Hours and Safety Contracts in excess of$100,000 that Standards Act involve employment of mechanics or �_- laborers Rights to Inventions Made Under a Federal awards meeting the definition of Contract or Agreement "funding agreement" under 37 CFR 401.2 (NOT applicable for Stafford Act Disaster Grants) DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 FOR PURCHASES$250,000 AND ABOVE Byrd Anti-Lobbying Clause Contractors who apply or bid for an award of$100,000 or more must file the required certification Clean Air Act and Federal Water Contracts and sub grants in excess of Pollution Control Act $150,000 Procurement of Recovered/Recycled Contracts involving the use of materials materials clause Debarment and Suspension All SAM Search Results List of records matching your search for : Search Term : PARKER BROWN, INC.* Record Status: Active No Search Results A1.........1....AA 7A7A 47.7A MIA L.H...../A.................... ID---4 ..s I HB NAV Trailer TI Bid Form.(FAST TRACK.)DO NOT EDIT FORM. Admin Trailer Dining Hall Storage/Laundry Demo Flooring,as needed,openings for doors,HVAC,old life safety. $ 3,950 $ 4,745 $ 2,710 devices etc Carpentry. Infill-floorcwed opening @_dining.New door openings(or $ 5,385 $ 2,800 $ 2,300 use metal studs) _ Millwork Cabinets/counters,cased opening in dining walk through BATT Insulation In all new walls,above ceiling over partition walls $ 1,950 $ 950 Roofing Patch for new AC penetrations $ 5,530 - Caulking As needed = I = Doors HM exterior,SC Wood Interior $ 14,775 $ 7,445 $ 4,996 Frames HNfeM/Timely-interior HW Hinges,closers,thresholds,Schlage with interchangable keyways/cycli .Stud Framing. 3 5/8'studs.To_grid.Use insulation above for sound $ 28,210 $ 11,640 $ 15,135 proofing.New door openings; Drywall 5'8"over new studs.Level 4.'Patching Flooring 12"xl2`glue down,Armstmrig 12"ilZ".Up to 3 m[6m $ 5,125 $ 8,710 $ 5,800 blended.Vinyl coved base.4": Painting Interior-Accent walls all offices,doors.Exterior-HMdoors $ 6,414 $ 5,235 $ 3,360 and frames T bar Repair As needed $ 3,800 $ 7,980 $ 3,80D Tbar Tiles Asneeded .HVAC 3 ton for admin offices with duct T start location TBD $ 37,745 $ 5,310 :Plumbing All interior plumbingto accommodate sinks,washer dryer $ - $ 22,060 $ 29,235 etc.Water,waste,gas etc.To be"plug and play"once trailers moved to final location ready for you to hook up-Standard fixtures.Stainless steel where possible.Gas distribution etc FLS Fire alarm,sprinklers N/A Electrical Interior power outlets,new lighting(do not re-use).Use $ 24,960 $ 35,287 $ 21,537 available 2x4:LED lights,conduit and boz:for data,electrical panel upgrades_per electrical to accomdate laundry trailer, exit signs code compliant items as your sub dictates,power for new AC General Conditions,OH&P 37,030 $ 32,100 $ 27,322 Other list here anything missing from list you need to add: All hours needed to becomplete within 4 weeks and an INC INC INC added 3 day hookup. 2nd phase completion when trailers brought and set at final' INC INC INC location Total per building $ 174s74 $ 138,002 $ 122,455 Grand Total. t` 435,331 -.Alternates NOT.in base bid ,7 Alternate 1;:; Upgrade to luxury vinyl Lila $ 2,425 $ 3,760 Alternate 2 Paint exterior of modular unit $ 6,780 $ 8,320 Bid From:Firm PARKER BROWN INC Review by Totum Date: Danny Kaye, Principal i9t P.y rat e c! Authorized Signature �•, d P s i g r I, conzs ruc!i::r: r a g ma it -fi n'eni I� Suslainabllily totum Not Approved Final Draft HB NAV Trailer TI Bid Form.(FAST TRACK.)DO NOT EDIT FORM. Admin Trailer Dining Hall Storage/laundry Demo 'Flooring,as needed,openings for doors,HVAC,old life safety $ 7,500 $ 6,250 $ 2,500 `devices etc Carpentry 'infill floor cased opening @ dining.New door openings(or use metal-- $ 2,500 = studs) Millwork Cabinet/counters,cased_opening in dining walk through none $ 3,125 $ 3,125 BAIT Insulation In all new walls,above ceiling over partition walls Roofing Patch for new AC penetrations:: $ 6,000 No ac no ac caulking As needed FireExtinguishers $ 2,500 $ 2,500 $ 2,500 -Doors .HM exterior,SC Wood Interior $ 10,120 $ 6,000 $ 2,500 .Frames HM ext Timely interior $ Soo $ 1,200 $ 750 HW Hinges,closers,thresholds,Schlage with interchangable keyways/: $ 2,700 $ 900 $ 300 cyal Stud Framing 3.5/9"studs.To grid.Use insulation above for sound proofing.New $ 12,000 $ 4,500 $ 5,500 door openings:,, Drywall %5'8'over new studs.Level 4.Patching I' $ 14,000 $ 5,500 $ 6,500 .Flooring 12"x12'glue down,Armstrong 12"x12'.Up to 3 colors blended. $ 16,455 $ 31,000 $ 16,455 Vinyl coved base.4' Painting Interior-Accent walls all offices,doors.Exterior,-HM.000rs and $ 14,900 $ 9,900 $ 9,900 frames T bar Repair` As needed T bar Tiles , As needed HVAC 3 ton for admin offices withduct.T start TBD $ 25,000 Plumbing All interior plumbing to accommodate sinks,washer,dryer eta $ 3,000 $ 3,000 $ 42,0D0 Water,waste,gas etc.To be"plug and play"once trailers moved to final location ready for you to hook up._Standard fixtures.Stainless steel where possible.Gas distribution etc FLS (Fire alarm,sprinklers N/A Electrical Interior power outlets,new:lighting(do not re-use).Use available,,. $ 19,000 $ 30,000 $ 19,0D0 2x4 LED light,conduit end box for data,electrical panel upgrades'. per electrical to accomdate laundrytraller,exit signs.Code compliant items as yoursub.dictates,power for new AC '- General Conditions,OH&P Other Overhead and profit $ 33,418 $ 33,120 $ 27,575 All hours needed to becomplete within 4 weeks and an added 3 day- INC INC INC hook up. 2nd phase completion when trailers brought and set at final location INC INC INC Total per building $ 167,093 $ 139,495 $ 138,605 Grand Total $ 445,193 Alternates NOT in base bid Fire Ellin. $ 2,000 $ 2,000 $ 00 Alternate 1 Upgrade to luxury vinyl tile Material only I I11 $ 9,500 $ 19,000 $ 9,500 Alternate 2 21 Paint exterior of modular unit $ 6,000 $ 9,000 $ 6,000 Bid From:Firm:: Garza Construction Inc Date: 10/12/20: Reviewed byTotu Danny Kaye, Principz I Authorized signature �+ �r119g(i3f P,G .... :1' d e S I [7 n Co n Ft ru Ction management sustair:andity 1 totUm Approved Not Approved Final Draft From: Daniel Caruthers daniel@globalbuildingcorp.com Subject: Re:How's the bid going? Date: October 12,2020 at 12:26 PM To: Danny Kaye danny@totumconsulting.com Cc: Patrick Lappin lappin@totumconsulting.com,Alejandro Pine[ pine]@totumconsulting.com, Jacob Caruthers Jacob@globalbuildingcorp.com, Alfonso Centanni acentanni@globa[buildingcorp.com,Todd Neuman tneuman@globalbuildingcorp.com Danny and Team, Honestly,we've been on the phone with our vendQrs and not and/or too busv to take on more projects. erefore,it saddens me to inform you that we are unable to formally submit a bid at this time. We apologise for the last minute tification. Respectfully, Daniel Caruthers Vice President Office:213-748-2400 1 Cell:661-510-0385 Email:daniel@globa[buildingcorp.com Web: www.aioboalbuiiidingcorp.com CA Office: 17815 Ventura Blvd.,Suite#204,Encino,CA 91316 California B Lic.#969892 AZ Office: 21 E 6th Street,Suite#311,Tempe, AZ 85281 Arizona ROC KB-1 Lic.#323548 Notice to recipient:This e-mail is only meant for the intended recipient of the transmission,and may be a confidential communication or a communication privileged by law.If you received this e-mail in error,any review,use,dissemination,distribution,or copying of this e-mail is strictly prohibited.Please notify us immediately of the error by return e-mail and please delete this message from your system.Thank you in advance for your cooperation. On Mon,Oct 12,2020 at 10:25 AM Danny Kaye cdanny@totumconsulting.com>wrote: DC-Bids coming? € Danny Kaye.Principal s CCM,PMP,FRICS,LEED AP totum i c.310.351.0138 p/f.818.986.9870 15130 Ventura Blvd.,Suite 327 Sherman Oaks,CA91403 efax 818 337 7248 Construction Project Management From: Danny Kaye danny@totumconsulting.com Subject: "Bid Form for HB NAV-Mercy House Trailers" Date: October 8,2020 at 9:41 AM To: Cc: Patrick Lappin lappin@totumconsulting.com,Alejandro Pine[pinel@totumconsulting_com Bcc: Dan Caruthers daniel@globalbuildingcorp.com, Edgar Garza edgargarzaconstruction@gmail.com, Edgar Garza edgargarzaconstruction@yahoo.com, Kevin McLean kmclean@parkerbrowninc.com Dear Bidders. Please pass to your project team. Bids Monday. Thx Bid for MERCY 1008 T...ue.xlsx Danny Kaye.Principal CCM,PMP,FRICS,LEED AP totum c.310.351.0138 p/f.818.986.9870 15130 Ventura Blvd.,Suite 327 Sherman Oaks,CA 91403 efax 818 337 7248 Construction Project Management From: Danny Kaye danny@totumconsulting.com ($ Subject: Fwd:HB Nav Center Mercy House TI y Date: October 8,2020 at 8:37 AM i, To: Dan Caruthers daniel@globalbuildingcorp.com Cc: Patrick Lappin lappin@totumconsulting.com, Alejandro Pinel pine]@totumconsulting.com Here are the updated plans.Shows more details. 02B- KOHLE...ec.pdf 1007- HB Nav[13897].pdf From: Danny Kaye danny@totumconsulting.com 41? Subject: Huntington Beach Navigation Center NIB/General Notes. t. Date: October 5,2020 at 10:43 PM To: Cc: Patrick Lappin lappin@totumconsulting.com,Alejandro Pine[pinel@totumconsulling.com Bcc: Dan Caruthers daniel@globa[buildingcorp.com, Kevin McLean kmclean@parkerbrowninc.com, Edgar Garza edgargarzaconstruction @ gmail.com 10/5/20 '' Dear Bidders - HB NAV TI (Trailers). F Thank you for attending the trailer TI walk today. Some general points: 1. Bids due Monday October 12th,3pm via email.This is a critical fast track project. k 2. A simple bid form shall be provided. 3. Prevailing wage requirements. 4. Working hours are 7am-8pm Monday through Saturday although longer hours and even Sunday work is possible. 5. Bid duration shall be 27 calendar days commencing Wednesday October 14th and completion by November 10th. Contractor shall man this project as needed to make these deadlines. F 6. No millwork is required other than for sinks. 7. The Trailers shall be moved to their final location on November 11 and you shall have 3 days for utility hook up and finish S flooring/ceiling details 8. Utilize readily available materials.2x4 LED lights,standard drywall,match existing ceiling tile(re-use where possible)HM v doors for exterior,match existing style,paint grade solid core interior doors,Schiage HW.12"x12"Armstrong glue down tik assume 3 colors.3"coved base.Bid alternate with luxury vinyl plank flooring.No millwork. 9. Standard stud framing to underside of tbar;drywall both sides.R11 insulation. 10. Paint over existing wall panels. 11. Assume each room gets 1 accent wall color.Assume 5 accent colors.Bid alternate to paint entire exterior of each structun Assume each trailer gets its own color. 12. Gas,power,water and waste shall be stubbed outside each trailer at its final location.See electrical plans. 13. All connections of the trailer structurally and roof shall be by others. 14. The office/admin trailer shall require an additional 3 ton AC unit to feed the enclosed offices.Design build by HVAC contractor. 15. Exterior ramps and stairs by others. kA 16. Assume 24 lights in the admin,34 in dining and 14 in laundry room. Assume every office gets own light switch with sensor Open areas get sensors.25%with battery back up. 17. Assume 4 total wall hung fire extinguishers.101b ABC 18. There is no requirement for fire alarm or fire sprinklers. 19. Parking area can be used for staging and storage. 20. There is security on site 7pm-7am 7 days per week H 21. An updated floor plan with power and data and RCP shall be provided for actual construction. 22. There shall be no permit costs.City shall allow project continue into construction and inspections even without plans checf as long as all work complies with building code.Inspections shall be same day or within 24 hours. 23. BFI's to totum(DK and Pat ASAP,Include"URGENT-BID RFI"in the subject field. Thx.See below PDF s�. 5 E fi?OR4rlE u: Y 3 to yt PS I i 6 Cls — -- --- R J I P---A K S r�r r-v t r & .,1 M r S�: S b Y •' X_ }C ADMINISTRA71ON 0PT03 J iiY+i`+S' x ® fa li storage and ". dining...29.pdf y RPM - DRY 1-41 ELECT...L 1.pdf HB Cameron St Shelter...20.pdf a v Danny Kaye.Principal = CCM,PMP,FRICS,LEED AP totum c.310.351.0138 p/f.818.986.9870 15130 Ventura Blvd.,Suite 327 Sherman Oaks,CA 91403 efax 818 337 7248 Construction Project Management wry:: 9 �k r 4� NAY CITY OF HUNTINGTON BEACH n Rider to Emergency Requisition Emergency Purchase Justification DATE: 10/13/2020 DEPARTMENT: Public Works REQUESTED BY: Ken Dills ITEM: Tenant Improvements for Trailers - Navigation Center SOURCE: Parker Brown, Inc. THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: See attached. THORIZATION Inh Department Head (3.03.080 (a)) ) to hief Financial Offi er(3.02.190(b)) D to Io � t3�2o� ity Manager Date Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. The homeless population is particularly vulnerable to COVID-19, as many individuals that are homeless are older adults and/or have underlying medical conditions. Many of the current CDC recommendations to prevent COVID-19 are difficult for the homeless to do. Currently, the City does not have a homeless shelter. Constructing a temporary homeless shelter is a necessary expense under Assembly Bill 89, Chapter 7, Section 11.90 (b)(d)(2)(B) in order for the City to reduce community spread throughout its general population by providing socially-distanced sleeping areas, meal services, and access to hygienic facilities for toileting, bathing, and handwashing for 174 homeless individuals. The facility will be designed according to current recommendations from the CDC's"Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)" ( https://www.cdc.gov/coronavirus/2019-ncov/coniniwiiiy/homeless-shelters/plan-prepare- respond.html) and HUD guidance"Specific Considerations for Public Health Authorities to Limit Infection Risk Among People Experiencing Homelessness" ( httpss:Hfiles.hudexchan eg info/public/resources/documents/Specific-Considerations-for-Public- Health-Authorities-to-Limit-Infection-Risk-Among-People-Experiencing-Homelessness.pdf). City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 1' jgp9 P� Office of the City Clerk Robin Estanislau, City Clerk December 14, 2020 Kevin McLean 6727 Variel Avenue Canoga Park, CA 91303 Dear Mr. McLean: Enclosed are copies of the "Federally Funded Construction Contract between the City of Huntington Beach and Parker Brown, Inc. for Trailer Tenant Improvements at Cameron Lane" and "Amendment No. 1 to Federally Funded Construction Contract between the City of Huntington Beach and Parker Brown, Inc. for Trailer Tenant Improvements at Cameron Lane." Sincerely, �I Pi Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand