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HomeMy WebLinkAboutJ.F. Shea Construction, Inc. - 2021-08-03 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerks Office (Name) after signing/dating (Ohre) a, , sT CITY OF HUNTINGTON BEACH z INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 1-2- SUBJECT: Bond Acceptance I have received the bonds for fJ F 1 CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. /�3�.5(0 Payment Bond (Labor and Materials) Bond No. /o--1,-Ll13VE& Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other �y Re: Tract No. Approved d/.3/a6 L (Caxxill'AppnxW DW) CC No. Agenda Item No. 5, ,p MSC No. City Clerk Vault No. ICJD• Sp Other No. SIRE System ID No. S"2S-;i231)Z/11 g.formsbond iransmittai to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J.F. SHEA CONSTRUCTION FOR ENCASEMENT OF TWO EACH PIPES WITHIN THE EAST GARDEN GROVE WINTERSBERG CHANNEL THIS AGREEMENT ("Agreement") 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 J.F. SHEA CONSTRUCTION , a corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as encasement of two each pipes within the East Garden Grove Wintersberp Channel in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the l 16-5195/City Funded Construction Contract.docx—revised 0412016 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 filly 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 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; 13. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specilications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto: 16-5 195/City Funded Construction Contract.docs —revised 04/2016 D. The edition of .Stanrlarcl .Specifications frar Public If'orks Consnvetion, published by Builders' News. Inc., 10801 National Boulevard, Los .Angeles, CA 90064. and all amendments thereto, written and promulgated by the Southern California chapter ol'the American Public Works Association and the Southern Calitomia 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; E. 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); P. 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 ellcct 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 anv 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 Contract.doc.e—revised O4/2016 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 Three Hundred Eighteen "Three Hundred Seventy Nine and Twenty Cents Dollars (S 318,379.20 )_ as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. CONIMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJI CT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PRO.IECT to completion within Sixty ( 60 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME, Oh THE ESSENCE The parties hereto recognize and agree that time is ofthe essence in the perf'ormance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings. details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other 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. 4 16-5195/City Funded Constntction Contract.docs —revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work ol'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 snake 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 contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished tinder 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. 5 16-5 19>/City Funded Constntction Contramdocs—revised 04/2016 S. 13ONDS 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 contract price to guarantee the CONTRACTOR'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 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 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. INDI P1=iNDLN-T 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 16-5195/Cite Funded Construction Contramdocs —revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses. if anv, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAf`4AGES/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 cxtremely difficult to ascertain and detennine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of' Five Hundred Dollars (S 500.00 ) per each calendar days 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 front 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 bevond 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 clue 10 such causes. CONTRACTOR shall, within fifteen (I5) days front 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 I GS 195/0ty Funded Constntction Contract.doex —revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justily 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 dclaved, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of'such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof', and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12, DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order' means a document signed by the CONlILACTOR 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 q. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 I6->195/City funded Construction Contract.docs —revised O4/2016 (b) payment of money or damages arising from work done by. or on behalf oC 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 ol'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 ditfering 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 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 his or her 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 9 16-5 195/City Funded Constntction 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 promptly 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) days of receipt of the City Engineer's response or within fifteen (15) daps 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 CONIRACTOR'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 chances to the time or price by executing the Change Order by mutual agreement. II'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 16-5195/City Funded Construction Contract.docx—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 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 ol'contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT. i f the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DP%V shall ascertain the facts and circumstances and make such adjustment for extending the completion (late as in its solejudgmcnt 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. Prom 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 I 16-5 195/City Funded Constntction Contract.docx—revised 04/2016 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 ofthe PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR. if unencumbered. or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however. that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW. affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITI-II-IELD 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 wider the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAHMS 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 16-5195/City Funded Constniction Contramdocx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes ofthe State ol'Califomia. 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. 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 even 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 (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. 13. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of Califomia the general prevailing rate of per client 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 13 16-5 M/City funded Constniction Contrtct.docx—revised 04/2016 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 ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. 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 PRO. LCT. 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 (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day daring which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/0ty Funded Constntction Contract.doex—revised 04/2016 (1) calendar day or forty (40) hours in any one (]) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWAN'CL Section 1773.8 of'the California Labor Code, regarding the payment of'travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPREN-I-ICES 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, 1-I01-1) 1IARIMI-ESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and Vroluntcers 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 f7om death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property. 15 16-5195/City Funded Construction Contramdocx —revised O4/2016 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. 24. WORKERS' COi\4PLNSA'PION AND EIMPLOYGR'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 Cite workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such Workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/Cite Funded Construction Contract.docx —revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, (told 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 !Mif lion 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 CONTRACTOR's insurance shall be primary and non-contributor\ with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY: however an insurance policy "deductible" of 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 16-5 195/City Funded Construction Contract.docx—revised O4/2016 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: 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 CONTRACTOR'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 hercinabove 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 ofany claim filed with CITY or a court of competentjurisdiction which arises out of'performance of this agreement within ten (10)days of receipt of such claim or claims. 18 16-5 M/City Funded Construction Contract.doex —revised 04/2016 28. DEFAULT AND TeRMINATION If CON'rRr\CTOR 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 defzudt 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. TERNIINATION 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, tinder 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 CONIRACTOWs fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Constniction Contract.docs —revised 0412016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ES"IIMA"1-ES 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 am,part hereof', or any right or duty created herein. v ithout the prior written consent of'CITY and the surety. 32. CITYEMPLOI'EES 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. 33. S"TOP 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 fec of One Hundred Dollars (S 100) for every Stop Notice tiled 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. 20 16-5195/Cite Funded Constntction Contract.docx—revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACfOR'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 J.F. SHEA CONSTRUCTION ATTN: Scan Crumbv . Public Works ATTN: Jim Pieri 2000 Main Street 667 Brea Canvon Road, Suite 30 Huntington Beach. CA 92648 Walnut, CA 91789 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 masers 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 16-5 19S/Cite I'unded Constnrction Contract.docs —revised 04/2016 36. 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 United States Code Section 1324a regarding employment verification. 37. 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. 33. ATTORNLY'S PEES 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 attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's t'ecs from the non-prevailing party. 39. INTERPRETATION OP THIS .AGREEi%,ILNT 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 I'm 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 16-5195/City Funded Construction Contract.docs —revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of anv 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. 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 (late 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. 42. 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. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 I6-5 195/City Funded Construction Contract.docx —revised 04/2016 45. SIGNATORIES Lach undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify- CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm'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 I6-5 195/City Funded Constriction Contract.docx—revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20 21 CONTRAC CITY OF H TINGTON BEACH,a municipal corpo do a State alifomia By: Steven W. Cox Mavor (print name) Qa�xt.zcd,l,ttu) ITS: Chairman /President ice-President City Clerk (circle one) MTI TED APP AND By; erector of Pub c Works Roy A. Valadez (print name) REVIEW D ND VE ITS: Secretary / Chief Financial Officer / Asst ecret Treasurer circle one) ity NtIlliager APPROVED TO O City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 41189 eeeesaeeesere e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l County of Los Angeles 1 On September 14, 2021 before me, Lori K. Olivas. Notary Public Date Here Insert Name and Title of the Officer personally appeared Steven W. Cox and Roy A. Valadez Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that ha she/they executed the same in his/her/their authorized capacity(ies), and that byJai&Aw/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Loci A.a paragraph is true and correct. NMary Puplx -Cah 40Lrnu i Lm Anrim(wMy C WITNESS my hand and official seal. cam.ma !1325902 Oy Comm.[.pirriAp 11,IOU Signature�,�• ��i{L✓� Place Notary Seal and/or Stamp Move III/// Signature of Notary Public - OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City Funded Construction. Contract Document Date: Now Number of Pages: 25 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steven W Cox Signer's Name: Roy A• Valadez 6 Corporate Officer — Title(s): Exec. V.P. A Corporate Officer — Title(s): fit• SecretarY ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Sic r se tin :. r Syrrte e t rion Im rase 2018 National Notary Association Exhibit A Not Applicable See RCA File # 21-538 K�✓ JFSHEAC-01 A`pRo" CERTIFICATE OF LIABILITY INSURANCE DAT7n/2D2" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not center rights to the certificate holder In Ilou of such ondorsomenl s . PRODUCER License M OM70471 c POT Jolene Waugh Orlon Risk Management Insurance Sorvices,An Alora Group Insurance PH(AJONE Eal: 951 281.6367 uc Ne: 949 263-9860 Aggency, LLC 1800 Quell Stroot Suite 110 E . waugh orionrisk.conl Newport Beach,CA 92660 I ISVRER S)AFFORDING COVERAGE NAIC p INSURER A:LIbeny MW.ml FUe lnwrance Company DO NOT USEINO INFO INC 23035 INSURED INSURER 0: J.F.Shoe Construction,Inc. INSURER C: 667 Brea Canyon Rd.,Suite 30 I SURER D: Walnut,CA 91789 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOOLSUSR POLICY EFF POUCYEXP TYPE OF INSURANCE y15 yyyp POLICY NUMBER lyyyyJ LIMITS A X COMMERCIALGENERALLIABIUTY H S 3.000,000 _�CLAIMS-1-00E OX OCCUR X T132661066115020 8/112020 8/1/2021 Oh.UTO ENTR ED $ 1,000,000 ME E P FSOrfult➢OtAI_ 0 E NA A Ov 5 3'0001010 OWL AGGREGATE pLIRMpIIT APPLIES PER: GF. F. F. 5 6,000,000 PoLK:Y U JECT � LOC P ODUCTS-COMPIO AG 6,000,000 OTHER: COMQED SINGLE LIMIT 2,000,G00 A AUTOMOBILE LIABILITY erdtlare IXX ANY AUTO X AS2661066116010 8/1f2020 81112021 DODLY INJURY Per menAUTOpOANSOONLY AUUTOSSW�,�1EEDopEJOtDLY INJURY(Per a0cWAI AUTOS ONLY X AUTOS ONLY 41'ecWiM AO` E.. UMBRELLA LIAO _ OCCUR EACH OCCURRENCE I S EXCESS LIAB CLAWS-MADE A R Ai $ UEO RETENTXNJS A WORKERS COMPENSATION X I PER ER AND EMPLOYERS'LIA0ILITY A266D066115030 811/2020 61112021 1,000,000 ANY PROPRIETORNARTHERAE]ECUTIVE YI E.L.EACHACCIDENT OFFICER/AIENDEF EXCLUDED] N NIA 1,000,000 ntla P n NHI DISEASE 'IA Y 1 It ee delclme uleor 1,000,000 E SGRIPTION OF OPERATION$OPERATION h 10,v EL DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD let,AEElllon.I Ramarka Sthedan,may M etlachad II more space la r .1l.dl RE:J•643 East Gordon Grovo-Wl nters burg Channel City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are Included as additional Insured pursuant to the attached Auto and General Liability endorsements.30 days notice of cancellation except 10 days for non payment. (tf>PftOVED AS TO FORM HV!`y -- CMhfrE. GATE CERTIFICATE HOLDER CANCELLATION 'I'{V..pISOpy GfTY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOf Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: T62-661-066115-020 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 Organization(s) Locations Of Covered Operations City of Huntington Beach, Its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", 'property This insurance does not apply to "bodily injury" or damage' or 'personal and advertising injury' .'property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work' out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional Intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2 13 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©ISO Properties, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: T132-661-066115-020 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 Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or appointed officlals, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 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 organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2-661-066115-020 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: AS2-661-066115-010 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Parson(s) Or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-661-066115-010 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organ izations(s): City of Huntington Beach, Its officers, elected or appointed officials, employees, agents and volunteers Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed that this policy will be primary and without right of contribution from any insurance in force for an Additional insured for liability arising out of your operations and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 ©2010, Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. AI Document A312TM - 2010 Bond No. 107483056 Performance Bond CONTRACTOR: SURETY: Premium: $1,162.00 (Nome, legal status and address) (A'ante, legal status and principal ploce J.F.SHEA CONSTRUCTION,INC. of business) 667 Brea Canyon Road,Suite 30 Walnut,CA 91788 TRAVELERS CASUALTY AND SURETY Walnut, COMPANY OF AMERICA This document has important legal One Tower Square consequences.Consultation with Hartford,CT 06183 an attorney is encouraged with OWNER: respect to its completion or (A'mue, legal status and address) modification. THE CITY OF HUNTINGTON BEACH 2000 Main Street Any singular reference to Huntington Beach,CA 92648 Contractor,Surety,Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: August 3, 2021 AmbinesIA ment Aparate bonds, g combines two separate bonds,a Anlount:Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 20/100 Dollars Performance Bond and a (5 318,379.20) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Amne and location) Encasement of two each pipes within the East Garden Grove Wntersber9 Channel BOND Dale: September 13,2021 (A'of earlier than Construction Contract Date) Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 201100 Dollars Amount:(5 318,379.20) Modifications to this Bond: IN None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Compam: (Corporate Seal) Company: (Corporate Seal) J.F.SHFEA CONSTR N NC. TRAVELERn,,SUA AND SURETYCOMPANY OF AMERICA Signamrc: \ Name .Tven W. Lek Name Edward C.Spector,Attomey-in-Fact and Title: Executive Vice Presiclent and Tille: (Anv ad ditional signatures appear on the last page of this performance Bond) (FOR lA'F02tL477l0,V O,VL)'—A'anie, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Aon Risk Insurance Services West,Inc. (architect, Engineer or other parRc) 707 Wilshire Blvd.,Suite 2600 Los Angeles,CA 90017 (213)630-3200 AIA Document A312m-2010.The American Institute of Archilects. §1 The Contrtctortnd Surety,jointly and severally,bind themselves,their heirs,executors,achninistr tors,successors and assigns to the Owner for the petfo=tnce of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor still have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under de Construction Contract. the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice slmll indicate whether the Owner is requesting a conference among life Owner,Contractor and Surety to discuss the Contractor's performance. If ilia Owner does not request if conference, the Surety stay,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surclq timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise.any conference requested under this Section 3.1 sliall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable tine to perform the Construction Contract. but such an agreement shall not waive the Owner's right, if am., subsequently to declare a Contractor Default. .2 the Owner declares if Contractor Default,lenninates the Construction Contract and notifies the Surcty. and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the teens of the Constriction Contract to the Surcty or to a contractor selected to perform the Construction Contract. §4 Failure on lite part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3• the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for life Contractor, with the consent of the Owner,to perforni and complete the Construction Contract: §5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors: §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perfomnmce and completion of the Construction Contract.arrange for a contract to be prepared for execution by the Owner and a contractor selected lyith the Owner's concurrence. to be secured with petfornuutce and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default:or §5.4 Waive its right to perform and complete,arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,detemtine the amount for which it may be liable to life Owner and,as soon as practicable after the amount is delern»ned, make payment to the Owner,or .2 Deny liability in 1vhole or in pan and notify the Owner,citing the reasons for denial. §6 if the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety sluill be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any renaede available to the Owner. AIA Document A312"-2010.The American Inslitute at Archdods. 2 §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surcty to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of die Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion ofthe Construction Contract; .2 additional legal.design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perfomaance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. §9 llic Surety slcalI not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations. No right of action shall accrue on dais Bond to any person or entity other than the Owiier or its heirs,executors,administrators.successors and assigns. §10 The Surety hereby waives notice of any change, including clamges of time. to the Construction Contract or to related subcontracts, purchase orders and other obligations. §11 Any proceeding, legal or equitable,under this Bond may be instituted in an} court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or iriihin two years after the Surety refuses or fails to perforni its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by lair, the numinum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond Itas been furnished to comply with a statutory or other legal requirement in the location where the constriction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefroni and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments haave been made, including allowance to the Contractor of any aniounts received or to be received by the Owner in settlement of insurance or other claims for darn ages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract.The agrcentent between the Owner and Contractor identified on the cover page. including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor. which has not been remedied or waived to perform or otherwise to comply with a nanerial lean of the Construction Contract. §14.4 Owner Default Failure of the Owner,which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perfoma and complete or comply,with the other material terns of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. AIA Document A312"-2010.Thu American InVitute&ArchNeds. 3 §16.Modifications to this bond are its Mows: (.Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Sigtatture: Signature: Name and Title: Name and Title: ,Attorney-in-Fact Address: Address: AIA Document A312--2010.The American Instituto of Architects. 4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Las Angeles 1} On September 14, 2021 before me, Lori K. Ohvas, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steven W. Cox Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose name(e) is/ace subscribed to the within instrument and acknowledged to me that he/skrthey executed the same in his/lher their authorized capacity(i ), and that by his/her iiaeir signatures) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing LORI K.OLIVAS paragraph is true and correct. Notary Public-California WITNESS m hand and official seal. } Los Angeles County f y Commission 9 2325902 0,Ay Comm.Expires Apr 27, 2024 Signature �b� Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Perforrvance Bond Document Date: Septetnber 13, 2021 Number of Pages: 4 Signers) Other Than Named Above: None Capacity(ies) CIg I en [d. Cmed by S11'gner(s) Signer's Name: Stevox Signer's Name: X1 Corporate Officer — Title(s): Fxa V P ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: J.F. Shea Construction, Inc. -------------- ©2019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles SEP 1 3 2021 On before me, Marina Tapia, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/x-& subscribed to the within instrument and acknowledged to me that he/s4e/i,� executed the same in his/4eF/4ief authorized capacity((gs), and that by his/het-/t#t¢tr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t.tARINATAPIA COM.M.02333302 WITNESS my hand and official seal. _Q NOTARY PUBLIC-CALIFORNIACn n LOS ANGELES COUNTY0 my Comm.E.p Oa 7,2024 Signature Signature of Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein collectively called the "Companies'),and that the Companies do hereby make,constitute and appoint Edward C. Spector,of Los Angeles,California,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing of guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. rr State of Connecticut By: City of Hartford ss. Robert L. Raney, Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p.i[f My Commission expires the 30th day of June, 2021 TMO.1v--E- ♦ �, • Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duty executed (under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority,and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , 800 SEP 1 3 2021 Kevin E. Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-411-3880- Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached wa TM _ AI Document A312 2010 Payment Bond Bond No. 107483056 CONTRACTOR: SURETY: Premium:Included in Perlirmrance Mond (A'anhe, legal status and address) (A'mne, legal status and principal place J.F.SHEA CONSTRUCTION,INC. of business) 667 Brea Canyon Road,Suite 30 Walnut,CA 91788 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA This document has important legal One Tower Square consequences.Consultation with Hartford,CT 06183 an attorney is encouraged with OWNER: respect to its completion or (:Vmne, legal status and address) modification. THE CITY OF HUNTINGTON BEACH 2000 Main Street Any singular reference to Huntington Beach,CA 92648 Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Dille: August 3, 2021 AIA Document A312-2010 combines two separate bonds,a Amount: Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 20/100 Dollars Performance Bond and a (S 318,379.20) Payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond. (Ahame and location) Encasement of two each pipes within the East Garden Grove Wmtersberg Channel BOND Dale: September 13,2021 (A'ot earlier than Construction Contract Date) Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 201100 Dollars Amount:($318,379.20) Modifications to this Bond: ® None ❑ Sec Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) J.F.SHEA CONSTRU N 1 TRAVELERS CA�TY ANDS�TY COMPANY OF AMERICA Signtllu Sigrutturc: L„'�, �L Name S . Name Edward C.Spector,Attomey-in-Fateven W. COX d and Title: Fes. utive Vice President and Tit ic: (Ant orddaiona sgnamres appear do the last page of this Pavment Bond) (FOR IA'FO24L4T10:\'OrVI,)'—Name, address and teleplhone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Aon Risk Insurance Services West,Inc. (-4rchitect, Engineer or other partv.') 707 Wilshire Blvd.,Suite 2600 Los Angeles,CA 90017 (213)630-3200 AIA Document A312--2010.The American Institute of Arohaeds. ' AIA Document A312T"' - 2010 Payment Bond Bond No. 107483056 CONTRACTOR: SURETY: Premium: Included in Performance Bond (Name, legal status and address) (Name, legal status and principal place J.F.SHFA CONSTRUCTION, INC. of business) 667 Brea Canyon Road,Suite 30 Walnut,CA 91788 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA This document has important legal One Tower Square consequences.Consultation with Hartford,CT 06183 an attorney is encouraged with OWNER: respect to its completion or (Nmne, legal.status and address) modification. THE CITY OF HUNTINGTON BEACH 2000 Main Street Any singular reference to Huntington Beach,CA 926,48 Contractor, Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: August 3, 2021 AIA Document A312-2010 combines two separate bonds,a Alltount: Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 201100 Dollars Performance Bond and a (5 318,379.20) Payment Bond,into one form. Description: This is not a single combined Performance and Payment Bond. (Nome and location) Encasement of two each pipes within the East Garden Grove Wintersberg Channel BOND Dale: September 13,2021 (Not earlier than Construction Contract Date) Three Hundred Eighteen Thousand Three Hundred Seventy Nine and 20/100 Dollars Amount(S 318.379,20) Modifications to this Bond: 19 None O Sec Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) J.F.SHEA CONSTRU N I TRAVELERS CAS IZALTY AND c�TY COMPANY OF AMERICA Signatu Sigajtnre: �, CL Name Steven W. Cox Name Edward C.Spector,Attomey-in-Fact and Tide: I;xecgtive Vice Presid2pt and Title: (41 v additiona signatures appear on the last page ojthi.c Payment Bond.) (FOR INFOR:1 LATIO:V O\'L}'—:Vmne, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Aon Risk Insurance Services West,Inc. (Architect, Engineer or other party) 707 Wilshire Blvd.,Suite 2600 Los Angeles,CA 90017 (213)630-3200 AIA Document A712--2010.The Amenwn Institute of Arch'nects. 5 §1 The Contractor and Surely,jointly and severally,bind themselves,their heirs,executors,admhmistralors,successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract.which is incorporated herein by reference, subject to the following tents. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor, materials or equipment fumislned for use in the perfonnance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(al the address described in Section 13) of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demnds, liens or suits to the Contractor and the Surety. §4 When the Ohhver has satisfied the conditions in Section 3, the Surety, shall promptly and at the Surety's expense defend. indemnify and hold liarntless tine Owner against a duly tendered claim.demand. lien or suit. §5 The Surety's obligations to a Clainnant under this Bond shall arise after the following: §5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, staling with substantial accuracy the amount claimed and the name of the part}'to whom the materials were.or equipment was,famished or supplied or for whonn the labor was done or performed, within ninety (90)days after having last performed labor or last famished materials or equipment included in the Clainn;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants.who are employed by or have a direct contract with the Contractor. have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to(lie Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant his satisfied the conditions of Sections 5.1 or 5.2.whichever is applicable, the Surety,shall promptiv and at the Surety's expense rake lle following actions: §7.1 Send an anshver to life Claimant, with a copy to the Owner, within sixty(60)days aficr receipt of the Claim. slating the amounts that arc undisputed and the basis for challenging any amounts that are dispued;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surcly's failure to disclurge its obligations under Section 7.1 or Section 7.2 shall riot be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim.except as to undisputed amounts for which the Surely and Claimant have reached agreement. If,however. the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the retsomabhe auomey's fees the Clainant incurs thereafter to recover any,sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond. plus the amount of reasonable attorney's fees provided under Section 7.3.and the amount of this Bond shall be credited for any payments node in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfomance of the Construction Contract and to satisfy claims, if any,under any construction perfortutnce bond By the Contractor furnishing and the Owner accepting this Bond,thev agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surely under this Bond,subject to the Owner's priority to rise the funds for the completion of the work. AIA Document A312m—2010.The American Institule of ArchGects. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and sliall have under this Bond no obligation to make payments to,or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. §12 No suit or action shall be commenced by a Claintmt under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last Libor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Constriction Contnct,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety.the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplislied.shill be sufficient compliance as of the date received. §14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be perfornied, any provision in this Bond conflicting with said statutory or legal requirement sliall be deeuhed deleted hierefrom and provisions conforining to such statutory or other legal requirement sliall be deemed incorporated herein. When so furnished.the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall prompliv fiamish a copy of this Bond or shall pennit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done,or materials or equipment furnished: .3 a copy of the agreement or purchase order pursuant to which labor, rat aerials or equipment was furnished for use in the perfomiance of the Constriction Contract: .4 a brief description of the labor. materials or equipment famished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the perforinance of the Construction Contract: .6 the total amount tamed by the Claimant for labor, materials or equipment furnished as of the date of the Claini; .7 the total amount of previous payments received by the Claimant:and .8 the total amount due and unpaid to the Claimant for labor. materials or equipment furnished as of the date of the Claim. §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontnctor of the Contractor to furnish labor, materials or equipment for use in the perfomnance of the Conswction Contract.Tlic lemh Claimant also includes any, individual or entity than has rightfully asserted a claim under an applicable mechanic's lien or similar statue against the real properiv upon which the Project is located.The intent of this Bond shall be to include without limitation in die terns"labor, materials or equipment'that pan of water,gas.power, light. heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cower page, including all Contract Docunents and all changes nude to the agreement and the Contract Documents. AIA Document A312--2010.The American Institute or AichftWS. 7 §16.4 Owner Default Failure of the Owner,which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other naterial terns of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agrecntent between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is provided helolc jor additional.signatures of added parties, tither than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Contemn': (Corporate Seal) Company: (Corporate Seat) Signature: Signature: Nance and Title: Nance and Title: ,Anomey-in-Fact Address: Address: AIA Document A312"—2010.Tha Am nd .Inslilute on fuchd,ds. 8 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 its A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los 1U3 eles On September 14, 2021 before me, Lori K. Ulivas, Notary Public Date Here Insert Nome and Title of the Officer personally appeared Steven W. Cox Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a)whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he4t#eir authorized capacity(fes), and that by his/her their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing LORI N.OLIVAS paragraph is true and correct, Notary public-California Los Angelus County 'c WITNESS my hand and official seal. commission 0 2325902 My Comm.Expires Apr 27, 2024 Signature C l Place Notary Seal and/or Stamp Above / Signature of Notary Public OPTIONAL Completing this information can deter a/terotion of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: September 13, 2021 NumberofPages: 4 Signer(s) Other Than Named Above: N`One Capacity(ies) Claimed byy Siyyner(s) Signer's Name: Steven W. l,ox Signer's Name: JD Corporate Officer — Title(s): Fxec V p ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: _,]_E_ Shea CnnGtnirrinn, Tnr. sts38sts 02018 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On SEP j 3 2021 before me, Marina Tapia, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) W#FO subscribed to the within instrument and acknowledged to me that he/sFae/t executed the same in his/hef/fke F authorized capacityO, and that by his/Frei/tho f signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ZINATAPw WITNESS my hand and official seal. COMM.C 2333302 < O NOTARY PUBLIC-CALIFORNIAIn - i e LOS ANGELES COUNTY to My Comm.E,p=Oct 7,2024 Slgnaune���� �� Signature of Notary Public Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Edward C.Spector,of Los Angeles,California,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. @Go State of By: City of Hartford ss. Robert L. Raney,SeWor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. fNIX irt My Commission expires the 30th day of June, 2021 �Y• Marie C.TetreauIt.Notary Public Fs This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of S EP 1 3 2021 0& (90Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NNiv�v.huntingtonbeachca.gov ,F ,,,;� : Office of the Citv Clerk Robin Estanislau, City Clerk September 24, 2021 J.F. Shea Attn: Jim Pieri 667 Brea Canyon Road, Suite 30 Walnut, CA 91789 Re: Encasement of Two Each Pipes Within the East Garden Grove Winterberg Channel — CC-1653 Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517, Sincerely, J Robin Esianislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract Copies of insurance/bonds Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to CRY Clerk's Office (Name) after signing/dating (Date) F.',j , AM? CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. /0 (X3U5(G Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. 1053 AgeRda-Item No. MSC No. City Clerk Vault No. D. C) Other No. SIRE System ID No. SS.23GZ141 gJforms/bond transmittal to treasurer 4,,4y ,�.� o- / 0 City of Huntington Beach File #: 21-538 MEETING DATE: 8/3/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Authorize the appropriation of funds and execution of a construction contract with J. F. Shea Construction, Inc., in the amount of $265,316.00 for various improvements to City operated utilities, including a 20% construction contingency Statement of Issue: City Council action is requested to authorize award of a construction contract to J.F. Shea Construction, Inc., the contractor for the East Garden Grove Wintersburg Channel Improvements Project (EGGW Channel Project), for the County of Orange. Financial Impact: Total funds for the project, including contingency and supplemental expenses, are estimated at $318,379.20. Staff requests a $172,404.00 appropriation from the Sewer Service Fund (511), and a $145,975.20 appropriation from the Infrastructure Fund (314). Recommended Action: A) Appropriate $172,404.00 from the Sewer Service Fund (511) to Account 51185101.82600; and, B) Appropriate $145,975.20 from the Infrastructure Fund (314) to Account 31485201 .82500; and, C) Authorize a contract with J.F. Shea Construction, Inc., in the amount of $265.316.00; and, D) Authorize the Mayor and the City Clerk to execute a construction contract in a form approved by the City Attorney, and, E) Authorize a twenty percent (20%) construction contingency. Alternative Action(s): Do not authorize the sole source procurement and the construction contract and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 2 Printed on 7/282021 powered Legrstar° File #: 21-538 MEETING DATE: 8/3/2021 J. F. Shea Construction, Inc., was awarded a contract to provide construction services for the East Garden Grove Wintersburg Channel Improvements Project (EGGW Channel Project) for the County of Orange, near the intersection of Warner Avenue and Springdale Street, for $85,109.096, on June 9, 2020. The City has a 12-inch and a 21-inch pipeline under the EGGW Channel, which are permitted in County right of way by Encroachment Permit. The terms of the Encroachment Permits place the burden of relocation or improvement of the two pipelines with the City. In order to be compatible with the County Channel improvements, these pipelines require encasement at each end of each pipeline. J.F. Shea Construction has provided four cost estimates to provide the encasement of the City's 12- inch and 21-inch pipelines, one cost estimate for each end of each pipeline. The total cost of all four encasements is $318,379.20, including contingency and supplemental expenses. The City has asked Reyes Construction, Inc., to estimate the cost of the four encasements. Reyes Construction is the County of Orange contractor for a similar channel project on the Talbert Channel, Reyes Construction verified that the cost proposals from J.F. Shea Construction were reasonable for the proposed encasements. J.F. Shea Construction is in a unique position to provide the four each encasements for the City's 12- inch and 21-inch pipelines. They are mobilized and ready to provide the encasement for the City. As a part of their contract with the County, they will be providing dewatering and excavation under the bridges, in the regions where the pipelines are located. The cost of these items are $771,950 for dewatering, and $275,000 for excavation. Should the City choose a separate contractor for the encasement work, a good deal of the cost for the dewatering and excavation would need to be duplicated. Due to these factors, the City would end up paying far more to a separate contractor than to J. F. Shea Construction for these encasements. Environmental Status: This Project is an included element of the Project considered in Mitigated Negative Declaration (MND) IP No. 18-052 approved by the County of Orange Board on October 22, 2019, that adequately addressed the effects of the proposed Project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Project Sheet: County of Orange, East Garden Grove Wintersburg Channel Project 2. County of Orange, Minute Order 20-000287 City of Huntington Beach Page 2 of 2 Printed on 7/28/2021 p wer059 Legislar° PROJECT U PublicWbrks GARDEN , GROVE CHANNEL PROJECT Warnerto Goldenwest Street, Huntington Beach ei Current StatS ' Sheet Pile pivinp 9 f70 D Sheet piles ure uf,,,en into23% the ground to OC Public Works is on the job and �� fortify the levee and making progress in the East Garden a LINEAR FEET increase flood Grove-Wintersburg Channel. We're ze capacity. working to improve flood control So for, we've installed protection for your community. Consrruc Lion is now 237.complete 9,700 linear feet of and the Project is on schedule to sheet piles, weighing finish by Summer 2022. 7,024 tons! Upcoming Activities Soil Mixing Ground Improvements - r What's that stock? New equipment has been mobilized t0 the Site for the soil- cement mixing ground improvement work to fortify the levee between the sheet _ piles. New equipment visible between Springdale and Edwards St. include cement mixing silos and drill rigs.This work begins in early May. Sheet Pile Drivingy Soil Mixing i Equipment Sheet pile driving using the blue, silent pile driver will continue in Segments 3, 4, 5 and 6. Roadway Work Future temporary closures are anticipated of Springdale and Edwards St. during Summer 'a 2021. Additional notification } and detour details will be Sheet Pile Driving construction Sequence provided to residents prior to beginning this work. CONTACT • ' • �f 0 In ® © ocpublicworks v/Sir US 0eyttlV ocpublicworks.corn/EGGW 20-000287 ORANGE COUNTY BOARD OF SUPERVISORS Acting as the Board of Supervisors and Orange County Flood Control District NQNUTE ORDER June 02, 2020 Sub7?iitting.9gencr/Department: OC PUBLIC WORKS Award design-build contract MA-080-20011583 to J.F. Shea Construction Inc. to provide construction services for East Garden Grove-W intersburg Channel Improvements Project,($85,109,096); and authorize Director or designee to execute and amend contract under certain conditions - District 2 The follouring is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER O Unanimous ® (1) DO: Y (2) STEEL: Y(3) WAGNER: Y('l) CHAFFEE: Y(5)BARTLETT: V Vote Key: )'=Yes;N=No;A=Abstain;X=Escusedr B.O.=Board Order Documents accompanying this matter: O Resolution(s) O Ordinances(s) O Contract(s) Item No. 61 Special Notes: Copies sent to: OCP W//ASR Coordinator Team OCPW// Eric Swint 6/9/2020 I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisurs,Acting as the Board of Supervisors and Orange County Flood Control District,Orange County.State of California Robin Stieler,Clerk -the B By. �— Deputy \ 1 161 20-000287 Agenda Item °R AGENDA STAFF REPORT M ASRControl 20-000287 9<rFOR� MEETING DATE: 06/02/20 LEGAL ENTITY TAKING ACTION: Board of Supervisors and Orange County Flood Control District BOARD OF SUPERVISORS DISTRICT(S): 2 SUBMITTING AGENCY/DEPARTIVIENT: OC Public Works (Approved) DEPARTMENT CONTACT PERSON(S): Khalid Bazmi (714) 667-3213 Nardy Khan (714) 647-3906 SUBJECT: Award Construction Contract for the Fast Garden Grove-Wintersburg Channel CEO CONCUR Cou.ry COUNSEL REVIEW CLERK OF rtn:BOARD Concur Approved Agreement to Form Discussion 3 Votes Board Maioriiv Budgeted: Yes Current Year Cost: $52,306,096 Annual Cost: FY 2020-21 $12,600,000 FY 2021-22 $20,203,000 Staffing Impact: No 9 of Positions: Sole Source: N/A Current Fiscal Year Revenue: N/A Funding Source: See Financial Impact Section County Audit in last 3 years: No Prior Board Action: 10/22/2019#19. 5/7/2019 98. 4/23/2019 #1 I. 8/26/2003 #42 RECOMMENDED ACTION(S): I. Award Design-Build contract to J.F. Shea Construction, Inc. in an amount not-to-exceed $85,109,096 to provide construction services for the East Garden Grove-Wintersburg Channel Improvements Project effective upon date of execution by the Director of OC Public Works or designee. 2. Authorize the Director of OC Public Works or designee to execute the contract when the Certificate of Insurance and bonds have been submitted and approved by the County Executive Office/Office of Risk Management and County Counsel. 3. Authorize the Director of OC Public Works or designee to execute future amendments, provided those amendments would result in minor, non-substantive changes that do not create or increase a financial obligation on the part of the County of Orange. Page 1 162 20-000287 SUMMARY: Award of a Design-Build contract to J.F. Shea Construction, Inc. to provide construction services for the East Garden Grove-Wintersburg Channel Improvements Project will provide for a collaborative team effort that will ultimately provide greater flood protection for the residents of the County of Orange. BACKGROUND INFORMATION: The East Garden Grove-WintersburgChannel Improvements Project (Project) is located within the Westminster Watershed (Watershed), the largest remaining floodplain in the County of Orange (County). A flood capacity analysis report conducted in 1994 found that the earthen trapezoidal channel reach from upstream of Warner Avenue to 1,250 feet downstream of Goldenwest Street is deficient according to the Orange County Flood Control District (District) design standards of providing 100-year flood protection. In addition, the Project site is located near the Newport—Inglewood fault zone that is capable of producing a magnitude 7.4 earthquake. The proposed Project will increase flood protection to over 600 properties along the Project limits with an estimated total value of S365 million. The U.S. Army Corps of Engineers (Corps) and the County have partnered to study the entire Watershed for flood risk, as approved by the Board of Supervisors (Board) on August 26, 2003. The purpose of the study is to determine federal interest in portions of the Watershed improvements. Addressing the flood control needs within the Watershed, which includes this Project and over 44 square miles of Orange County, including portions of Huntington Beach, Westminster, Santa Ana, Fountain Valley and Garden Grove, has the potential to remove hundreds of residents and businesses from the 100-year floodplain, thus relieving them from the burden of paying flood insurance. The Project consists of increasing the hydraulic conveyance of this channel reach by installing vertical steel sheet pile walls and removing the resultant soil wedge of the soft-bottom channel. On September 12, 2017, the Huntington Beach Planning Commission determined the Project to be in conformance with the City of Huntington Beach's General Plan. OC Public Works will coordinate with the City of'Huntington Beach (City) for future improvements to the City-owned bridges at Warner Avenue, Springdale Street and Edwards Street that cross the Project and may return to the Board for a phase of the Project to replace or retrofit the three bridges to provide additional flood control improvements at the bridge locations. "this Project was included as part of the Seven Year Capital Improvement Program (CIP) FY 2019-20 to FY 2025-26, approved by the Board on April 23, 2019. The CIP provides transparency for the public on how the County plans to utilize resources in order to deliver horizontal infrastructure over the next seven years. Adoption of the CIP directed the focus of County resources in the pursuit of grant funds and the delivery of the following capital improvement projects: roadway, flood control and active transportation projects necessary to enhance public safety, reduce traffic congestion, complete bicycle facilities and provide flood protection for the County residents and visitors. On May 7, 2019, the Board approved the Memorandum of Understanding with the Corps that enables the District and the County to complete flood control improvements planned for the Project prior to execution of a federal partnership agreement for the Westminster Watershed Flood Risk Management Project and be eligible for in-kind credit when such a partnership agreement is in effect. The Project aligns with the Westminster Watershed Feasibility Study and proactively provides much needed flood control protection in the area. Page 2 163 20-000287 On June 5, 2019, a Request for Proposals was issued to four pre-qualified contractors: Ames Construction Inc., J.F. Shea Construction, Inc., Reyes Construction Inc. and Shimmick Construction Company, Inc. (Respondents). Four proposals were received and evaluated based upon predetermined criteria. The evaluation panel consisted of three representatives from OC Public Works, one independent contractor and one independent engineering consultant. The Respondents were deemed qualified and invited to participate in oral interviews. The evaluation panel scored the four Respondents on both their written proposals and oral interviews. Cost was objectively scored and added to the totals. The resulting rankings are as follows: Respondents Lead Design Subcontractor Rank J.F. Shea Construction, Inc. Tetra Tech, Inc. 1 Reyes Construction, Inc. GI-ID, Inc. 2 Ames Construction Inc. AZTEC Engineering Group, Inc. 3 Shimmick Construction Company, Inc. Michael Baker International, Inc. 4 On October 22, 2019, the Board awarded a Design-Build contract to J.F. Shea Construction, Inc. (Contractor) to provide design phase services for the Project in an amount not-to-exceed Guaranteed Maximum Price (GMP) $3,216,455. The Contractor is completing the design on schedule and on budget in accordance with their proposal for design services and has established a GMP to construct the Project. As such, OC Public Works is returning to the Board for approval of the negotiated GMP for construction services (Services). The Contractor's GMP for Services is consistent with the Independent Engineer's Estimate (JEE), see Attachment G. OC Public Works has reviewed the IEE and verified that the four percent difference is not the result of errors or omissions, in the estimate, but is rather attributed to Contractor's early involvement and familiarity with the Project as the Design-Build Entity and incorporation of value engineering and construction means and methods best suited for the site and coordination with selected subcontractors. The proposed contract NIA-080-20 1 1 5 83 (Contract) to provide Services in the form of a GMP and has been negotiated with the Contractor for the Project and is included as Attachment A. Aligning with the Design-Build Project Delivery Method, the Project will be delivered in three phases for concurrent design and build of the Project and to facilitate the capital expenditure plan further described in the Financial Section. Prior to each phase of construction, OC Public Works Director or designee will approve Plans, Specifications and Estimates of each phase and issue a Notice-to-Proceed authorizing the expenditure of funds against the Contract GMP. In order to proceed with the Project, OC Public Works recommends that the Board award the Contract to provide Services for the Project to the Contractor for a not-to-exceed Contract price of $85,109,096, a summation of the negotiated GMP and the County and the Contractor's Project contingencies. OC Public Works has conducted due diligence on the Contractor. Reference checks were satisfactory and completed with Butier Engineering, Inc., San Diego County Water Authority and Silicon Valley Clean Water regarding similar projects. In addition, as described in their proposal, the Contractor has completed similar work for District projects including San Juan Creek Levee Improvements Phases 1, IV, V and V1, Trabuco Creek Phase Vil and East Garden Grove-Wintersburg Channel North Levee Emergency Repairs. OC Public Works has verified there are no concerns that must be addressed with respect to the Contractor's ownership/name, litigation status or conflicts with County interests. This Contract includes subcontractors. See Attachment B for information regarding subcontractors and Contract Sununary Fonn. Page 3 164 2Q-000287 OC Public Works is procuring Services following the bid process outlined in Public l ontract Code Section 22162 for this Project and in accordance with Section 5.5 of the 2019 Design and Construction Policy Manual. Compliance with CEQA: This Project is a necessarily included element of the Project considered in Mitigated Negative Declaration (MND) IP No. 18-052, approved by the Board on October 22, 2019, that adequately addressed the effects of the proposed Project. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project that was not known or could not have been known when MND IP No. 18-052 was approved has become known: therefore, no further environmental review is required. FINANCIAL IMPACT: Appropriations for this Contract are included in the FY 2019-20 Budget for Fund 400, OC Flood Fund, 100 percent and will be included in the budgeting process for future years in Fund 401, OC Flood — Capital Improvement Projects. Upon authorization of the negotiated Construction Phase Services Contract. the multi-year expenditure of funds in an amount not-to-exceed $85,109,096 are appropriated in Fund 400 and Fund 401. The Contract is planned to be encumbered in the amount to $52,306,096 in FY 2019-20, $12,600,000 in FY 2020-21 and $20,203,000 in FY 2021-22, subject to budgetary appropriations. 'fhe proposed Contract includes a provision stating the Contract is subject to, and contingent upon, applicable budgetary appropriations approved by the Board for each fiscal year during the term of this Contract. If such appropriations are not approved, this Contract may be immediately terminated without penalty to the County. STAFFING IMPACT: N/A ATTACHMENT(S): Attachment A - Contract MA-080-20011583 with J.F. Shea Construction, Inc. Attachment B - Contract Summan• Form Attachment C - Project Location Map Attachment D - Public Contract Code Section 22162 Attachment E - Memorandum of Recommendation Attachment F - Summary of Evaluators Scoring Attachment G - Independent Engineers Estimate Attachment H - Cost Estimate Comparison Page 4 165