HomeMy WebLinkAboutGolden State Constructors, Inc. - 2021-05-26 AMENDMENT NO. I TO CITY FUNDED CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
GOLDEN STATE CONSTRUCTORS, INC.
CONSTRUCTING CONCRETE AND STEEL FIXTURES FOR THE TEMPORARY
SKATE PARK AT THE: EDISON COMMUNITY CENTER
THIS AMENDMENT is made and entered into by and between the CITY OP
HUNTINGTON BEACH. a California municipal corporation. hereinafter referred to as
''CITY." and Golden State Constructors, Inc.. a California Corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated May 26, 2021 entitled "City Funded Construction Contract Between the City of'
Huntington Beach and Golden State Constructors. Inc. for Constructing Concrete and
Steel Fixtures for the Temporary Skatepark at the Edison Comnnmity Center" 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 Twelve Thousand Seven
Hundred Eight Dollars ($127780). The additional sum shall be added to the original sum
of l-wenty Nine Thousand Eight Hundred Eighty Dollars (529,880), for a new contract
amount not to exceed Forty Two Thousand Six Hundred Sixty Dollars (S42.660).
2I-10056/263171 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 August 3rd 2021.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Golder onstructo , l California
By: -
9 - P
8/3/21 11 Director/Chief
print name (Pursuant To HBA4(,Xij 03,100)
ITS: (circle are)Chaimun/1 mident/Vice Presidmt APPROVED AS TO FORM:
AND
By:
City Attorney
print narne Date
ITS: (circle one)secretary/Chief Financial Officer/Asst.
Secretary-Treasurer RECEIVE AND FILE:
�&
City Clerk
Date
COUNTERPART
21-10056/263171 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 August 3 , 2021.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Golden State Constructors, Inc. California
By:
Director/Chief
(Pursuant To HBMC§3.03.100)
print name
ITS: (circle one)ChairmaNPresident/Vice President APPROVED AS TO FORM:
AND �'u -�." �j
By:
S, City Attorney lAV
print name Date
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer RECEIVE AND FILE:
City Clerk
Date
COUNTERPART
21-10056/263171 2
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GOLDEN STATE CONSTRUCTORS, INC.
FOR
CONSTRUCTING CONCRETE AND STEEL FIXTURES FOR THE TEMPORARY
SKATEPARK AT THE EDISON CON MUNITY CENTER
THIS is 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 GOLDEN STATE CONSTRUCTORS, 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 constructing concrete/steel futures for the
temporary skatepark at the Edison Community Cente in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services.
NOW. TfIEREPORF. in consideration of the promises and agreements hereinafter made
and exchanged the parties covenant and agree as follows:
I. STATENIEN'T 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 ofall loss or damage arising out of
the nature of the PROJE--CT, during its progress or prior to acceptance by CITY, from the action
of the elements. from any unforeseen difficulties which may arise or be encountered in the
I
16-5 M/Cuy Funded Constntetion Contract.doc.x—revised 04/2016
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 01: 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),
has inspected 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 oh 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 anv, shall be bound by the Contract Documents
nsofar as they relate in part or in any way. directly or indirectly. to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement:
B. Bonds covering the work herein agreed upon:
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Department of Public
Works of CITY, and anv revisions. amendments or addenda thereto:
1 G-5 M/City Funded Construction Contract.docx—revised 04/20I G
D. The edition of Standard Specifications fr Public {Yorks 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 Addendum applicable to the Project;
17. Bid documents including the Notice Inviting Bids. the Special Instructions
to Bidders and the CONTRACTOR's proposal, (which is attached hereto as
Exhibit "A" and incorporated herein by this reference);
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 Director of' Public Works of CITY or his or her
written designee (hereinafter referred to as "DPW"), and CONTRACTOR
shall not attempt to resolve or adjust the discrepancy without the decision
of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR. then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3
16-5 195/City Funded Construction Con t ract.docx—revised 04/2016
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
Twenty-Nine Thousand Eight Hundred Eighty Dollars
(S 29,880 ), as set forth in the Contract Documents, to be paid as provided in this
Agreement.
4. COMI4ENCENIENf 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 ninety ( 90 ) consecutive Working days from the
day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
5. TIME OP THE ESSENCI
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
Conti-act 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.
a
I6-5195/City Funded Construction Contract.docs—revised 04/2016
subcontractors and CITY forces and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CI-IANGI-S
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 ofthe PROJECT as DPW may require in writing. Under no condition shall CON"I-RAC,rOR
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 he 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 contract price Will be adjusted upward or downward accordingly.
7. NOTICE TO PROCL6D
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 thejob site, for any
reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such
unavailability.
5
16-5 19i/Cite Funded Construction Contract.docs—revised O4/2016
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: Onc in the amount of one hundred percent (100%) of the
contract price to guarantee the CONTRACfOR's faithful performance of the work. and one in the
amount of one hundred percent of the contract 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 contract price, including all change orders, to warrant such
performance for a period of one (1) year after CITY's acceptance thcreol'within ten (10) days of
filing ofthe 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
items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or
replacement at CONIRACTOR'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
6
I6-5195/Cih, Funded Construction Contract.docx—revised 04/2016
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. damauc 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
CH Y, as liquidated damages and not as a penalty, the sum of'
five hundred dollars ($ 500 ) per each
calendar day's delay in completing the work in excess of the number of working/calendar days set
forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable damages CITY would sustain in the event of and by reason of
such delay: and CONTRACTOR agrees to pay these damages herein provided, and further agrees
that CITY may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
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 DPW shall grant a further period of time), notify DPW in writing of the cause of the
7
I6-5195/City Funded Construction Contract.docs—revised 04/2016
delay and CITY shall extend the time for completing the work if. in itsjuclgment, the findings of
fact thereon justify the delay; and the decision of DPW 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 (I5) days of the commencement of such delay.
No claims for additional compensation or damages for delays. irrespective of the cause
thereof, and including without limitation the furnishing of materials by CITY or delays by other
contractors or subcontractors will be allowed and an extension of time for completion shall be the
sole remeciv of CONTRACTOR.
12. DEMANDS FOR ADDITIONAL TIME OR MONEY.
A. Definitions.
(I) "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;
8
I6-5195/0ty Funded Construction Contract.docx—revised 04/2016
(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:
(c) A request for a time extension or additional payment based upon
differing site conditions, such as subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents, or unknown
physical conditions at thejob site, of an unusual nature. differing materially from those ordinarily
encountered and generally recognized as inherent to work ofthe PROJECT: or
(f) A rcqucst 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.
13. 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 his or her written designee). All Demands shall be submitted
promptly, but in no event later than thirty (30) days alter 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
9
1 G-5 195/City Funded Construction Contract.docx—revised 04/2016
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 CITY may prompt]}, investigate the conditions.
E. If the CONTRACTOR disputes the DPW's written response on the
Demand. or the CITY fails to respond within the time prescribed. the CONTRACTOR may so
notify the City Engineer. in writing. either within fifteen (15)clays of receipt of the City Engineer's
response or within fifteen (15) days of the DPNV'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 I (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 CONTRACTOR submits his
10
16-51951City Funded Construction Contract.doex—revised 04/2016
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 ESTINIATED 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'contract items used in construction
of the PROJECT, in accordance with the plans and specifications. Upon completion of' the
PROJECT, if the actual quantities used arc either more than or less than the quantities listed in the
bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its
sole discretion, when warranted by the facts and circumstances, order an equitable adjustment.
upwards or downwards, in payment to CONTRACTOR where the actual quantities used in
construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed
if asserted after final payment under this Agreement. If the quantity variation is such as to cause
an increase in the time necessary for completion. DPW shall ascertain the facts and circumstances
and make such adjustncnt for extending the completion date as in its sole judgment the findings
warrant.
14. PROGRESS PAYJMENTS
Each month DPW .will make an estimate in writing of the work perfbnned 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 ol'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
II
1 G-5195/City Funded Construction Contract.docs—revised 04/2016
sum as will brine the payments of each month up to one hundred percent (100%) of the value of
the work completed since the commencement ofthe PROJECT- as determined in its sole discretion
by DP\V. less all previous payments and less all previous retained amounts. CITY's linal payment
to CONTRACTOR, if unencumbered, or any part thereof unencumbered. shall be made thirty-five
(35) days after the acceptance of the work and the filing of a notice of' Completion by CITY.
Provided. however, that in the event of a dispute between CITY and CONTRACTOR, CITY may
withhold from the final payment an amount not to exceed 150 percent of the value of any disputed
amount of work. Payments shall be made on demands drawn in the manner required by law, each
payment to be accompanied by a certificate signed by DPW, affinning 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'[tic 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 DPW 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.
12
16-5 195/City Funded Construction Contract.docs—revised 04/2016
or items in connection with Notices to Withhold, which have been filed tinder the provisions of
the statutes of the State of California.
17. WAIVER OI: CLAINIS
The acceptance by CONTRACTOR of' the payment of' the final certificate shall
constitute a waiver of all claims against CITY tinder or arising out of this Agreement.
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.
13. 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 (S25) for each calendar day or portion thereof for each worker paid (either by
CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for
that particular craft or type of work.
18. 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 csectite this Agreement. and the same has been set forth by
13
16-5195/City Funded Construction Contract.doex —revised 04/2016
resolution on life in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor
tinder 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.
13. 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 (S25) for each calendar clay or portion thereof for each worker paid (either by
CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for
that particular craft or type of work.
19. CALIFORNIA L-"IG1-IT--1-IOUR LAW
A. California Labor Code. Sections 1810 er 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 I813. CONTRACTOR shall, as a penalty to CITY. forfeit twenty-five dollars (S25) 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
14
1 GS 19>/City Funded Construction Contract.docx—revised 0412016
(1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor
Code Section 1815.
20. PAYMENT OF TRAVEL AND SUBSISTL"NCE ALLOWANCE
Section 1773.8 of the California Labor Code. regarding the payment of travel and
subsistence allowance is applicable to this PROJECT.
21. L,%,1PI.OlT4EN'I' OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of
apprentices is applicable to this PROJECT.
22. 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 anv. 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.
23. INDEMNIFICATION. DEFENSE. HOLD HA NILESS
CONTRACTOR hereby agrees to protect, defend. indemnify and hold harmless
CITY, its officers. elected or appointed officials. employees, agents. and volunteers from and
against any and all claims, damages. losses. expenses. judgments, demands, defense costs. and
consequential damage or liability of any kind or nature. however caused. including those resulting
from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property.
15
16-5175/City Funded Construction Contraet.docx—revised 04/2016
arisine 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 CfTY shall
approve selection of' CONTRACTOR's counsel. -I-his indemnity shall apple 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.
24. 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 obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of
the workers' compensation and employer's liability insurance and CONTRACTOR shall similar[
require all subcontractors to waive subrogation.
16
16-5195/City Funded Construction Contract.docs —revised 04/2016
25. 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
(SI.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(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 CONTRACI-OR's insurance shall be primary
and non-contributory with anv other valid and collectible insurance or self-insurance available to
the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum
coverage amount specified herein shall be available to the Additionally Insured Parties. All
coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties.
Under no circumstances shall said above-mentioned insurance contain a self-insured retention
without the express written consent of CITY: however an insurance policy "deductible" of Five
Thousand Dollars ($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.
17
16-5195/City Funded Construction Contract.docx—revised 0412016
26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder. CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
1. Provide the name and policy number of each carrier and policy;
2. State that the policy is currently in force; and
3. Promise to provide that such policies will not be canceled or modified without thin
(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 CONt-RAC-OR's defense, hold harmless and indemnification obligations as set forth
under this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and
timely manner. the premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies. naming CITY, its officers, elected
and appointed officials. employees, agents and volunteers as Additional Insureds. to the City
Attorney for approval prior to any payment hereunder.
27. 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 conipetentjurisdiction which
arises out of performance of this agreement within ten (10) days of receipt of such claim or claims_
18
16-5195/City Funded Construction Contract.does—revised 04/2016
28. DEFAULT AND 'I'MMINATION
If CONT RACTOR 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 DOCUmCut$, CITY may give CONTRACTOR notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such
Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any
other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR. CITY may elect not to terminate this Agreement; in such event CITY
may make good the deficiency in which the default consists and deduct the resulting costs from
the progress payments then or to become due to CONTRACTOR.
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 29 and any damages shall be assessed
as set forth in Section 29.
29. TERN11NATION 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
CONTRAC-T'OR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's
19
I6-5195/City Funded Construction Contract.docs—revised 04/2016
sole and CSCIuSive rcmcdv for termination by CITY for its convenience and CITY shall have no
further obligation to CONTRACTOR.
30. DISPOSITION OF PLANS, ESTI PATES 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.
31. 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.
32. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No ofliccr or employee of CITY shall have any
Financial interest in this Agreement in violation of the California Government Code.
33. STOP NOTICES: RECOVERY OP ADi9INISTRATIVE 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
Icual 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
(S 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 anv sum or sums owed by CITY to CONTRACTOR under this Agreement.
20
1 G-5195/City Funded Construction Contmct.docz—revised 04/201 G
34. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONTRACTOR's agent (as designated in Section I 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 may designate different addresses to which subsequent
notices. certificates or other communications will be sent by notifying the other party via personal
delivery. reputable overnight carrier or U. S. certified mail-retum receipt requested:
TO CITY: TO CONTRACTOR:
City of Huntington Beach
GOLDEN STATE CONSTRUCTORS, INC.
ATTN:Ken Dills . Public Works
ATTN: Ronnie Cochran
2000 Main Street
208 E. Oranaethorpe Ave.
Huntington Beach. CA 92648
Placentia, CA 92870
35. 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.
21
16-5195/City Funded Construction Contract.docx—revised 04/2016
36. 1 Ni N1 I G R AT 10 N
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
United States Code Section 1324o regarding employment verification.
37. LEGAL SERVICLS SUBCONTRACTING PR0111131"I ED
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
CON I RAC OR.
38. ATTORNEY'S PLUS
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 attornev's fees. such that the prevailing party shall not be entitled to recover its
attorney's fees from the non-prevailing party.
39. INTERPRETATION OF TH IS 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 o1'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
T)
16-5195/City Funded Construction Contract.docx—revised 04/2016
contest 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
brine it within the requirements of the law.
40. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
41. 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 ori_inal. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
42. C0iNSI%N-I'
Where CIY'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.
43. SURVIVAL
Terns and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement shall so survive.
44. NIODIFICATION
No waiver or modification of any language in this Agreement shall be Valid unless
in writing and duly executed by both parties.
23
I6-5195/Cite Funded Construction Contract.doex—revised 04/2016
45. 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 full- for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
46. ENTIRETY
Y
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive ann's length negotiation. 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. This Agreement, and the attached Exhibit "A", contain the entire
agreement between the parties respecting the subject matter of this Agreement. and supersede all
prior understandings and agreements whether oral or in writing between the parties respecting the
subject matter hereof.
24
16-5195/City Funded Construction Contract.docs—revised 04/201G
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by and through their authorized officers on 5/26 2021
CONSULTANT, CITY OF HUNTINC
a muni ' al core ton of the S C iCor is
Golden Stat nsUu ors
By:
-�� � Dire fr/Chief
(Pursuant To HBMC§3.03.!00)
Ronnie Cochran
print name APPROVED AS TO FORM:
ITS: (cycle Chairm ice President
i
A J
-L
By: �— 16 City Attorney
Ronnie Cochran Date
print name
ITS: (circle one)Secretary/Chief Financial Officer/ RECEIVE AND FILE:
Asst. Secretuy rcuu
City Clerk
Date
COUNTERPART
25
16-5195/City Funded Construction Conuad.docx-revised 04/2016
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by and through their authorized officers on -2VU 2021 .
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
Golden State Constructors, Inc.
By. Director/Chief
(Pursuant To 118.4K'§3.03.100)
print name APPROVED AS TO FORM:
ITS: (circle one)Chaivnan/PresidendVice President
AND
By: 1<City Attorney
Date
print name
ITS: (circle one) Secretary/Chief Financial Officer/ RECEIVE AND FILE:
Assi. Secretary—Treasurer /] , &hw(1�
Citv Clerk
Date
COUNTERPART
25
16.5195/City Funded Construction Contract.docx—revised 04/2016
EXHIBIT A
(?en State Constructors, Inc.
208 E.Omnger/oTrAvr.,Pfar rla,CA 92870
Pham 734625.8758 Fac714 6 25-8 2 9 5
Lrmw#:867060-AMIC-8
Toturn May 17, 2021
Alejandro Pincl
15130 Ventura Blvd P327
Sherman Oaks, Ca 91403
Mr. Pinel,
Please accept our quote for constructing the various concrete and steel fixtures for the temporary
skatepark at the Edison Community center in Huntington Beach.
We propose to construct all the fixtures shown on the plans your office provide to us. These fixtures include
the curbing in the planter area, double sided curb(stralght), 14' ledge, 1' elevated platform, double sided
curb(18'radius), curb profile manual pad with apron and round pipe rail will be constructed according to the
plans documents and details provided.
The seat wall and 9"X9" concrete curb for board protection is not included in this proposal.
Total cost for the work will be $29,880.
Please let me know how you would like for us to proceed.
Thank you for thinking of us for this project, and as always let me know if there is anything we
can do for you.
Thanks again,
I
Rorutie Cochran
President
Golden State Constructors Inc.
OP ID: MG
�►coRo CERTIFICATE OF LIABILITY INSURANCE Da eWULDon rYT
02J0212021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortitleato holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. It SUBROGATION IS WAIVED, subject to
the terms and conditlons of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such ondorsement(s).
PRODUCER CONTACT Mark Heberdon
Huntington Pacific Ins.Agency PHONE F
7901 Professional Circle A ,714-841-6283 AlG Hop 714-842-2538
Huntington Beach,CA 92648 ADD
Mark HobcrdwT RESS:mark@huntpacifloinsurance.com
U�UcK GOLDENS
0 E ID tl•
INSURER(S)AFFORDING COVERAGE NNC0
INSURED Golden State Constructors, Inc INSURER A:Landmark American Ins Co.
Placentia,
E. tia, CA 9 870 Ave. INSURER o:Californla Automobile Ins Co. 38342
Placentia, CA 92870
INSURER c:NorGUARD Insurance Co. 31470
INSURER 0:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY 1HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEWIN.SUU�
POLICY EFF _SI5EZV r:'XP
LTN POLICY NUMBER MMIDOIYYYY1 IMMIDDIYYYYJ LIMITS
GENERALLABIIITY EACN OCCURRENCE S 1,000,00
A X COMMERCIN.GENERAL LABILITY X LHA141353 01131/2021 01/3112022 P MSES(�FnEo l g 50.00
IQAIM&MADE O OCCUR MCD EXP IM ..w.. S 5,00
X $2600 Deductible PERSONAL a AM INJURY S 1,000.00
GENERAL AGGREGATE $ 2.000.00
CENT-AGGREGATE LIMIT APPLIES PER: PRODUCTS-CQMP.CP AGG 5 2,000,00
POLICYFK PRO toe I$
AUTOMODILE LIABILITY X COMPARED SINGLE LIMI T $ 1,000,00
B X ANY Auro BA040000047474 02106R (F.Rabe")
027 02/06/2022 Boon.Y INJURY IN-W.) 5
ALLONI¢o AUTOS APPROVED AS TO FOn9 BODILY INJURY(ft, WfYj $
SCIIEDIREUAUIOS ` PNOPMTY DAMAGE
_ AIRED AUTOS ]3y (i�v/ -.. (PEA ACCIDENT) 5
NON0 E0 AUTOS MICHAEL F_. GYi-11�Efi Deductible S
I CITY Al'TU 5
U MBRELLA LIAB OCCUR ITY OF H UNTINGTON I3E• GIi EACH OCCURRENCE $
E%CESS LIAR CUINS+AADE AGGREGATES
ornuctInLE 15
RETENTION S S
MILKERS COMPENSATION X WCSTATU. IM
AND EMPLOYERS'LIABILITY TnAYU6ll1`�
C ANY PROPRIETOWARTNERrt -CU WE YIN GOWC262234 0210612021 02106f2022 E EACH ,CIUEN1 S 1,000,00
OFFICERMENLBFJI EXCLUDED? � NIA ,L,
(M..d.I.ry In NM E.L.D'SrA.SE-EA EMPLOYE S 1.000,00
If)es,dax .lw1eT
DESQiiPIt0NOFOPERATIOHSOCmv E.L.D)SEASE-POLICY LIMIT S 1,000,00
U£SCMPTWNOFOPERA t$SILOCAII NSIVENICLES (Attach ACORD 101,Ad1flontl RC=A.Sch vie,It lnar.apace 1.raRNudl
The Cityof Huntin ton BeacR Its officers a ected or a pointed o(fie 2Ia,
01 loyas,agents and volunteers are addllional Insured as required by
Wrier as,
per the attached endorsement.Cov rage I pprimar
an non-contr buto . 30 days notice o of cancellatflon llsh 10 day for
non-payment of prer�ilum.
CERTIFICATE HOLDER CANCELLATION
CITY012
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CityOf HuntingtonBh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Beach 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach„ CA 92648
AU{ri�1�1�0�RIZED REPRESENTATVE
®1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: LHA141353 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anizatlon s Location And Description Of Completed Operations
City of Huntington Beach, Its officers,elected or Various locations In the city
appointed officials,employees,agents and Job Description: Curb, gutter and sidewalk repair
volunteers lJ Dates: 01131/2021-01131/2022
2000 Main St.
P.O.Box 190
Huntington Beach CA 92648
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 2. If coverage provided to the additional Insured is
Include as an additional insured the person(s) or required by a contract or agreement, the
organization(s) shown In the Schedule, but only Insurance afforded to such additional Insured will
with respect to liability for "bodily injury" or not be broader than that which you are required
"property damage"caused, in whole or In part, by by the contract or agreement to provide for such
'Your work' at the location designated and additional insured.
described in the Schedule of this endorsement
performed for that additional Insured and
Included in the 'products-completed operations
hazard".
However:
1. The Insurance afforded to such additional
insured only applies to the extent permitted
by law; and
CG 20 37 0413 0 ISO Properties, Inc., 2004 Page 1 of 2 ❑
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III—Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement,the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement;or
2. Available under the applicable Limits of
Insurance shown In the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Llmils of Insurance shown in the
Declarations.
CO 20 37 04 13 0 ISO Properties, Inc., 2004 Page 2 of 2 ❑
POLICY NUMBER: LHA141353 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or O anizatlon s Locations Of Covered Operations
City of Huntington Beach, its officers, elected or Various locations In the city
appointed officials, employees, agents and volunteers Job Description: Curb, gutter and sidewalk repair
2000 Main St. Dates: 01/31/2021-01/31/2022
P.O. Box 190
Huntington Beach, CA 92648
Information required to complete this Schedule if not shown above will be shown In the Declarations.
A. Section 11 — Who Is An Insured is amended to 2. If coverage provided to the additional Insured is
include as an additional insured the person(s) or required by a contract or agreement, the
organlzation(s) shown in the Schedule, but only Insurance afforded to such additional Insured
with respect to liability for 'bodily injury", "property will not be broader than that which you are
damage" or 'personal and advertising injury' required by the contract or agreement to
caused, In whole or in part, by: provide for such additional insured.
1. Your acts or omissions;or B. With respect to the insurance afforded to these
2. The acts or omissions of those acting on your additional insureds, the following additional
behalf; exclusions apply:
In the performance of your ongoing operations for This Insurance does not apply to "bodily injury' or
the additional insured(s) at the location(s) "property damage"occurring after:
designated above. 1. All work including materials, parts or
However: equipment furnished in connection with such
work, on the project (other than service,
1. The insurance afforded to such additional maintenance or repairs) to be performed by or
insured only applies to the extent permitted by on behalf of the additional Insured(s) at the
law;and location of the covered operations has been
completed;or
CG 2010 04 13 C Insurance Services Office, Inc., 2012 Pagel of 2 ❑
2. That portion of 'your work" out of which the 2, Available under the applicable Limits of
injury or damage arises has been put to its Insurance shown in the Declarations;
intended use by any person or organization whichever is less,
other than another contractor or subcontractor
engaged In performing operatlons for a This endorsement shall not increase the
principal as a part of the same project. applicable Limits of Insurance shown in the
C. With respect to the insurance afforded to these Declarations.
additional Insureds, the following Is added to
Section III— Limits Of Insurance:
If coverage provided to the additional insured Is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement,or
CO 2010 0413 ®Insurance Services Office, Inc., 2012 Page 2 of 2 ❑
Policy Number: LHA141353 COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following: L/
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
additional insured.
This Insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that: .
(1) The additional Insured is a Named Insured
under such other insurance; and
CG 20 01 0413 m Insurance Services Office, Inc., 2012 Page 1 of 1
LANDMARK AMERICAN INSURANCE COMPANY
I
This Endorsement Changes The Policy. Please Read It Carefully,
ADDITIONAL INSURED
BLANKET - YOUR WORK
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue
of a written contract or by the issuance or existence of a written permit, to
provide Insurance such as Is afforded by this policy.
SECTION II - WHO IS AN INSURED Is amended to include as an additional insured the person(s) or
organization(s) shown in the SCHEDULE, but only with respect to liability for'bodily injury', 'property damage' or
'personal and advertising injury'caused, in whole or in part, by,
1. Your acts or omissions;or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations; arid/or"your work" defined for the additional insured(s) designated
above included in the'products-completed operations hazard'.
This endorsement effective 01/31/2021
forms part of Policy Number LHA141353
Issued to GOLDEN STATE CONSTRUCTORS, INC.
by Landmark American Insurance Company
RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984
with Its permission
LANDMARK AMERICAN INSURANCE COMPANY
This Endorsement Changes The Policy. Please Read If Carefully.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization:
Any Person or Organization As Required By Written Contract
The following Is added to SECTION IV—CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US:
We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above
because of payment we make for injury or damage arising out of your ongoing operations, 'your product" or"your
work' done under a written contract with that person or organization and included in the 'product-completed
operations hazard. This waiver applies only to the person or organization shown in the SCHEDULE above.
This endorsement effective 01/31/2021
forms part of Policy Number LHA141353
issued to GOLDEN STATE CONSTRUCTORS, INC.
by Landmark American Insurance Company
RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992
with Its permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the
work described in the Schedule.
The additional premium for this endorsement shall be 1.02 % of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Blanket Waiver-Any person or organization For whom the All CA Operatiorm
Named Insured has agreed by written contract to fumish this
waiver.
This endorsement charges the poky to which It Is attached and Is effective on the date Issued unless otherwise slated.
(The Information below la required only when this endorsement Is Issued subsequent to preparation of the policy.)
Endorsemant Effective policy No.GOWC262234 Endorsement No.
Insured Ineurarice Company
countersigned ey
4M998 by the workers'Compensation Insurance Rating Bureau of Collfomia All rights reserved.
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ vNivvv.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
June 15, 2021
Golden State Constructors, Inc.
Attn: Ronnie Cochran
208 E. Orangethorpe Ave.
Placentia, CA 92870
Dear Mr. Cochran
Enclosed is a fully executed copy of the "City Funded Construction Contract between
the City of Huntington Beach and Golden State Constructors, Inc. for Skatepark at the
Edison Community Center."
Sincerely,
�&f444�
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand