2. Existing Agreement with HYM Engineering, Inc. — Anaheim City Council, August 15, 2023

cl
AC-ifMSin

AGREEMENT FOR PUBLIC WORK
THIS AGREEMENT FOR PUBLIC WORK is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
organized pursuant to a freeholder's charter,
hereinafter referred to as "CITY,"
A
N
D
HYM ENGINEERING, INC.
1559 W. Commonwealth Avenue
Fullerton, CA 92833
hereinafter referred to as "CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of the City of Anaheim has heretofore by resolution, duly passed and adopted, approved and authorized the construction of the public improvement (Project) described in Exhibit A (which Exhibit A is incorporated by reference herein) in accordance with the design, plans, profiles, drawings and/or specifications as prepared; and WHEREAS, the City Council of the City of Anaheim duly caused to be published a notice as required by law on the Publication Dates (set forth in Exhibit A) inviting sealed proposals for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with said plans and specifications on file in the Office of the City Clerk of the City of Anaheim of Project, which notice specified that such sealed proposals would be received at the Office of the City Clerk up to the hour of 2:00 o'clock P.M., on the Bid Opening Date set forth in Exhibit A and would be opened on said date at the hour of 2:00 o'clock P.M., in public, in the City Council Chamber in the City Hall, City of Anaheim, State of California, by the City Clerk and the City Engineer, and the result of the said sealed proposals tabulated by the City Engineer and reported to the City Council for its consideration at a meeting held no later than thirty (30) days after the bids were opened; and WHEREAS, said notice did state and declare that pursuant to the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations had ascertained the prevailing rate of wages in the locality in which this type of labor is to be performed, for each craft or type of workman or mechanic needed to execute the Agreement, and did state that the prevailing hourly wage scale so ascertained can be found on the following websites:
http://www.dir.ca.gov/dlsr/DPrewageDetermination.htm and http://www/wdol.gove/dba.aspx#0; and
WHEREAS, the City Engineer did thereupon duly tabulate all of the sealed proposals so received and did make a report to the City Council; and WHEREAS, the City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting held on the Award Date (set forth in Exhibit A), find that the sealed proposal of CONTRACTOR for furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete the Project in strict accordance with the design, plans, profiles and specifications for said Project prepared by Designer and on file in the Office of the City Clerk of the City of Anaheim was the lowest responsible proposal submitted for the furnishing of said plant, labor services, materials and equipment, and all utilities and transportation, including power, fuel and water and performing all work necessary for the construction of said Project as specified in the notice inviting sealed proposals; and
WHEREAS, the City Council of the City of Anaheim did, on the Award Date, adopt the Award Resolution accepting the sealed proposal of, and awarding to, CONTRACTOR, the Agreement to furnish all of said plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perform all work necessary to construct and complete the herein above described Project in strict accordance with the design, plans, profiles and specifications for said Project prepared by Designer, and on file in the Office of the City Clerk of the City of Anaheim for the construction and completion of said Project above described in accordance with the notice inviting sealed proposals, the plans and specifications, the instructions to bidders, and in accordance with the written Agreement to be made and entered into by and between CITY and CONTRACTOR, a copy of which is on file in the Office of the City Clerk of the City of Anaheim.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES,

COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

That the complete Agreement shall consist of and include the following documents, all of which, from 2 to 14 inclusive, shall be, and are hereby incorporated by reference and made a part hereof as fully as if set out in full herein:

FIRST:

1. This Agreement.

2. The resolution adopted by the City Council of the City of Anaheim approving the design, plans and specifications for said Project prepared by Designer and authorizing and approving the construction thereof, together with all addenda thereto and modifications incorporated therein prior to the opening of bids.

The notice inviting sealed proposals published by the City of Anaheim on the Publication Dates (set forth in Exhibit A).

3. The Instruction to Bidders.4.

The Bid Proposal. 5.
2 6. The accepted proposal.

The design, plans, profiles, drawings and the general specifications and the detail specifications and drawings and all addenda thereto and all modifications incorporated therein prior to the date of the opening of bids as prepared by Designer and on file in the Office of the City Clerk of the City of Anaheim.

The Award Resolution adopted by the City of Anaheim, accepting the sealed proposal of CONTRACTOR and awarding the Agreement for the Project.

7. 8.

The Bid Security Form for check or bond.9.

10. The Faithful Performance Bond.

The Labor and Material Bond.11.

12. The Non-Collusion Affidavit.

13. The Insurance policies, endorsements and certificates.

Federal Regulations (Section 3 of the Housing and Urban Development Act of 1968 and CFR Park 135) [Set Forth in Exhibit B]

14. All Agreement documents and plans are intended to be consistent one with the other so that any document or plan called for in any document or plan but not mentioned in any other document or plan is to be executed the same as if mentioned in all agreement documents and set forth in the specifications and drawings.

The said CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, plant, labor, services and materials and all utilities and transportation, including power, fuel and water, and to perform all work necessary to construct and complete in a good and workman like manner said Project herein above mentioned and particularly described, together with the appurtenances thereto, at the location specified in the general and detail plans and specifications and in the manner designated and in strict conformity with the notice inviting sealed proposals, the proposal submitted and accepted, and said general and detail plans and specifications adopted by the City Council of the City of Anaheim as aforesaid, and all Agreement documents herein above referred to. It is understood and agreed that all said plant, labor, services, materials and equipment shall be furnished and said work performed and completed by CONTRACTOR as an independent contractor, subject to the inspection and approval of CITY, its City Engineer, Field Engineers or Inspectors or their representatives.

SECOND:

For and in consideration of the furnishing by said CONTRACTOR as herein provided of said tools, equipment, apparatus, facilities, plant, labor, services and materials, and utilities and transportation, including power, fuel and water and the performing of all work for the construction, installation and completion in strict accordance with the plans and specifications herein above referred to and the Agreement documents of said Project as herein above described together with the appurtenances thereto, said contractor shall be entitled and shall be paid by CITY, and CONTRACTOR agrees to accept in full satisfaction therefore the sum (Contract Price) (Set THIRD:
3 forth in Exhibit A), subject to any additions thereto or deductions therefrom which may be made in accordance with the provisions of the agreement documents, which contract price shall be paid at the times and in the manner set forth in the specifications and addenda thereto or modifications thereof prepared by Designer prior to opening of bids.

FOURTH: CONTRACTOR agrees that CONTRACTOR will pay to every laborer or mechanic employed by CONTRACTOR no less than the prevailing rate of per diem wages and rates for work, which latest rates are promulgated on the following websites:
http://www.dir.ca.gov/dlsr/DPrewageDetermination.htm and http://www.wdol.gove/dba.aspx#Q., and which prevailing rates or wages so ascertained and determined and so specified are incorporated herein by reference and made a part hereof the same as though set out in full herein, Pursuant to the provisions of Section 1775 of the Labor Code of the State of California, CONTRACTOR shall forfeit as a penalty to CITY the sum of Twenty-Five Dollars ($25.00) for each calendar day or portion thereof for each laborer, workman or mechanic employed and paid less than the stipulated rates for any work done under the Agreement by CONTRACTOR or any subcontractor under CONTRACTOR in violation of the provisions of this Agreement.

CONTRACTOR agrees to comply with the provisions of Section 1777.5 of the Labor Code of the State of California.

Eight (8) hours of labor shall constitute a legal day’s work upon all work done hereunder, and it is expressly stipulated that no workman employed at any time by CONTRACTOR or by any subcontractor under this Agreement upon the work or upon any part of the work contemplated by this Agreement shall be required or permitted to work thereon any more than eight (8) hours in any one day except as provided in Sections 1810 to 1815, inclusive, of the Labor Code of California, all of the provisions whereof are deemed to be incorporated herein. It is further expressly stipulated that for each and every violation of said last named stipulation, said CONTRACTOR shall forfeit as a penalty to CITY Twenty-Five Dollars ($25.00) for each workman employed in the execution of this Agreement by CONTRACTOR or any subcontractor under this Agreement, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of said sections of the Labor Code.

CONTRACTOR shall keep full, true and accurate records of the names and actual hours worked by the respective workers and laborers employed under this Agreement and shall allow access to the same at any reasonable hour to CITY, its agents or representatives and to any person having the authority to inspect the same as contemplated under the provisions of said Labor Code.

FIFTH:

SIXTH: CONTRACTOR agrees to commence the work provided herein immediately upon the receipt of a written NOTICE TO PROCEED from CITY, and to continue in a due and diligent, workmanlike manner, without interruption, and to complete the work within the number of days (Contract Completion Days) set forth in Exhibit A (excluding Saturdays, Sundays and holidays). Delivery of an executed copy of the Agreement shall be completed when an executed copy thereof is delivered personally to CONTRACTOR or its authorized agent or representative, or when a copy thereof is placed in an envelope to said CONTRACTOR at its address as shown on the first page of this Agreement and deposited in the United States mail at Anaheim, California, with the postage thereon fully prepaid. 4 CONTRACTOR acknowledges and agrees that time is of the essence in the performance of work provided in the agreement. CONTRACTOR agrees that all certificates of insurance and bonds (or approved alternative forms of security) required by the Agreement, together with three (3) copies of the Agreement fully executed by CONTRACTOR, (collectively referred to herein as the “Contract, Insurance and Bond Documents”) shall be delivered to CITY by CONTRACTOR on or before the twenty-first (21st) calendar day (“Document Deadline Date”) following the Award Date set forth in Exhibit A. CONTRACTOR further acknowledges and agrees that no NOTICE TO PROCEED with the work shall be given to CONTRACTOR by CITY until such time as CITY has received and approved said Contract, Insurance and Bond Documents. In the event said Contract, Insurance and Bond Documents are not received by CITY on or before said Document Deadline Date, CONTRACTOR agrees to the deduction of one (1) working day from the number of Contract Completion Days set forth in Exhibit A for every day in delay of receipt by CITY of the Contract, Insurance and Bond Documents beyond the Document Deadline Date. Said deduction shall be alternative to any other remedy available to CITY upon CONTRACTOR’S failure to provide said Contract, Insurance and Bond Documents on or before the Document Deadline Date, including the right of CITY to refuse to execute and deliver the Agreement due to such failure by CONTRACTOR and to take such other action as may be authorized by law. In the event said Contract, Insurance and Bond Documents are not received by CITY on or before the Document Deadline Date, the subsequent delivery of a fully executed copy of this Agreement to CONTRACTOR by CITY shall be deemed an election by CITY to exercise the deduction of working days provision of this Paragraph without further notice to CONTRACTOR being required.

All tools, equipment, apparatus, facilities, plant, labor, services and materials shall be furnished and work performed and completed subject to inspection, the final approval, and acceptance of CITY or its authorized representatives.

Should any dispute arise respecting the true value of any work omitted or of any work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of the Agreement, said dispute shall be decided by the Engineer of CITY, subject to the approval of CITY.

SEVENTH:

EIGHTH:

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY, its engineering or representatives, to all parts of the work and to the jobs wherein the work is in preparation. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to CITY of its readiness for inspection and without the approval thereof, or consent thereto by the latter.

NINTH:

Contractor hereby releases and agrees to indemnify and hold harmless CITY, its officers, agents, employees, and representatives for damage to property or for injury to or death of any persons and from all claims, demands, actions, of any kind whatsoever, arising out of or encountered in connection with this Agreement or the prosecution of work under it, whether such claims, demands, actions, or liability are caused by CONTRACTOR, CONTRACTOR’S agents or employees or products installed on the Project by CONTRACTOR or subcontractors, excepting only such injury, death, or damages as may be caused solely and exclusively by CITY.

Such indemnification shall extend to all claims, demands, actions, or liability for injuries, death or damages, occurring after completion of the Project as well as during the work’s progress.

TENTH:
5 CONTRACTOR agrees that it shall at its own cost, expense and risk, defend CITY, its officers, agents, employees, and representatives in any and all claims, demands, actions, suits or other legal proceedings which may be brought or instituted against CITY, its officers, agents, employees, or representatives.

Without limiting CITY’S right to indemnification, it is agreed that CONTRACTOR shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Bodily Injury, Sexual Abuse and Molestation, Personal Injury Liability, Products/Completed Operations Liability, and Independent CONTRACTOR’S Liability, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than Ten Thousand ($10,000) per occurrence, provided that such deductible or self-insured retention is disclosed to - CITY, in writing, at the inception of this Agreement.

Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, combined single limit, as required by California law.

Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of , 200 S.

Blvd., CA 92805, except in the event of cancellation for non-payment of premium that shall provide for not less than ten (10) days’notice.”
Each
for Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
policy required by this Agreement, except policiesinsurance “It is agreed that any insurance maintained by CONTRACTOR pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of ANAHEIM.”
“The City of , its officers, agents, employees, representatives and CITY- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of .”
6 Prior to commencing any work under this Agreement, CONTRACTOR shall deliver to - CITY insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement,
provide - CITY (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to - CITY evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to CITY, with prior written permission from CITY. In the event that a claim or other legal action is filed against CITY, and if CITY, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then CITY
CONTRACTOR shall
has right
within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONTRACTOR shall fully defend, hold harmless, and indemnify - CITY against any such claim or other legal action.
the demand, and to to receive
In addition to other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Order CONTRACTOR to stop work under this Agreement and/or withhold any payment(s) that become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof;

2. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies may have and is not the exclusive remedy for CONTRACTOR’S failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed in any way as limiting the extent that an may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’S , (or CONTRACTOR’S AGENT or SUB-AGENT, if any) performance of the work covered under this Agreement.

In the event CONTRACTOR hires other persons or firms to perform some of the work related to this Agreement, CONTRACTOR shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONTRACTOR under this Agreement shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to CITY. 7 ELEVENTH: CONTRACTOR shall under no circumstances assign this Agreement without the written permission of CITY.

In addition to the change orders and extra work specified and provided for in the plans and specifications, CITY may at any time during the progress of said work when the public interest and necessity so require or when it is for the best interest or advantage of CITY so to do, request any alterations, deviations, additions to or omissions from said Agreement, specifications or plans or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement, but will be added to or deducted from the amount of said Contract Price as the case may be. Any alterations, additions or deviations requiring extra work shall be compensated for as provided in the specifications, unless otherwise mutually agreed upon.

TWELFTH:

Inspection of Records - CITY, through its authorized agents, engineers or representative, shall have the right to inspect all work as it progresses and shall have access to all payrolls, records of personnel, invoices of materials and any and all other data relevant to the performance of this Agreement. There shall be submitted to CITY through its authorized agents, the names and addresses of all personnel and such schedules of cost of labor, cost and quantities of materials and other items, supported as to correctness by such evidence as, and in such form as, CITY through its authorized agents or representatives may require. The submission and approval of such schedules, if required shall be a condition precedent to the making of any payments under the Agreement.
(A)
There shall be provided for the use of the CITY Engineer of CITY inspectors such reasonable facilities as they may request.
(B)
(C) CONTRACTOR shall furnish to CITY the names and addresses of all subcontractors on the Project at the earliest date practicable.

CONTRACTOR shall notify CITY or its engineer a sufficient time in advance of the manufacture or production of materials to be supplied by CONTRACTOR under this Agreement in order that CITY may arrange for mill or factory inspection and the testing of same.

THIRTEENTH:

Any material shipped by CONTRACTOR from the factory prior to having passed such testing and inspection by CITY’S engineer or prior to the receipt of notice from said engineer that such testing and inspection will not be required, shall not be incorporated on the job.

CONTRACTOR shall also furnish to CITY, in triplicate, certified copies of all required factory and mill test reports.

It is hereby understood that the time for the completion of said Agreement work is the number of Contract Completion Days as specified in Paragraph “SIXTH” hereof, excluding Saturdays, Sundays and holidays, subject, however, to delays caused by reason of a suspension ordered by the City Engineer or because of any other act or neglect of CITY or its officers or employees without contributory fault or negligence on the part of CONTRACTOR or his agents or employees or subcontractors, or if the work should be delayed by fire, storm, flood FOURTEENTH:
8 or other acts of God, by war or act of public enemies, by restriction of the use of, procurement of, or inability to obtain materials, by strikes, by unusual delay in transportation, unavoidable casualties or any cause beyond the control and without the fault and negligence of CONTRACTOR, or for any other reason which, in the opinion of the City Engineer of CITY, is proper justification for delay. The time for completion shall be extended for the length of time equal to the delay caused by any other reason which, in the opinion of the City Engineer of CITY, is proper justification for delay. The time for completion shall be extended for the length of time equal to the delay caused by any of the above-mentioned causes. And should the work not be completed within the time herein specified or any extension thereof, to the satisfaction of CITY, there shall be deducted from the final payment to CONTRACTOR a sum per day as Liquidated Damages (set forth in Exhibit A), and not as a penalty, for each day's delay after the expiration of such period until the final acceptance of the work and its delivery to said CITY. It is further understood and agreed that should CONTRACTOR fail to furnish the plant, materials, equipment and do and perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, it shall, in addition to any other penalties provided in the Agreement documents, be liable to CITY for all losses or damages that the latter may suffer on account thereof.

CITY may withhold from CONTRACTOR so much of accrued
payments as may be necessary to pay laborers and mechanics employed on the work the difference between the rate of wages required by this Agreement to be paid to laborers and mechanics on the work and the rate of wages actually paid to such laborers or mechanics.

CONTRACTOR shall, at all times, exercise reasonable precautions for the safety of employees on the Project, and applicable provisions of State and local laws and building and construction codes shall be observed by CONTRACTOR. All machinery and equipment and other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in construction of the Associated General Contractors of America unless such provisions are incompatible with State or Municipal laws or regulations, in which event such State or Municipal laws or regulations shall control.

FIFTEENTH:

SIXTEENTH:

CONTRACTOR shall insert appropriate provisions in all
subcontracts relating to this Project to insure the fulfillment of Paragraphs 1 to 18 inclusive.

SEVENTEENTH:

In the event that any of the provisions of this Agreement are violated by CONTRACTOR or by any subcontractor under any subcontract on the Project, CITY may terminate the Agreement by serving written notice upon CONTRACTOR of its intention to terminate such Agreement and, unless within ten (10) days after the serving of such notice, such violation shall cease, the Agreement shall, upon the expiration of said ten days, cease and terminate. As to violations of the provisions of this Agreement which cannot be remedied or corrected within ten days, said Agreement shall, at the option of CITY, cease and terminate upon the giving of like notice. In the event of any such termination for any of the reasons above- mentioned, CITY may take over the work and prosecute the same to completion by Agreement or otherwise for the account and at the expense of CONTRACTOR and/or subcontractor or subcontractors, and CONTRACTOR and its sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination, and CITY may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of work and EIGHTEENTH:
9 necessary therefore. This clause shall not be construed to prevent the termination, for other causes, authorized by law or other provisions of this Agreement.

Whenever in the specifications any material or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and the bidder, in the proposal submitted by bidder, may offer any material or process which shall be equal in every respect to that so indicated or specified.

NINETEENTH:

If the bidder shall not offer any substitute in said proposal or if a substitute so offered by the bidder is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by CITY.

If CONTRACTOR should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, CITY, after three days' written notice to CONTRACTOR, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due CONTRACTOR; provided, however, that the City Engineer of CITY shall approve such action and certify the amount thereof to be charged to CONTRACTOR.

If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency of CONTRACTOR, or if CONTRACTOR should persistently or repeatedly refuse or should fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials to construct and complete said Project within the time herein required, in a good and workmanlike manner, or if CONTRACTOR should fail to make prompt payment to subcontractors, or for materials or labor, or persistently disregard laws, ordinances or the instructions of CITY or its duly authorized engineers, inspectors or representatives, or otherwise be guilty of a substantial violation of any provision of the agreement documents, then CITY, upon the certification of its CITY and Consulting Engineers that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving CONTRACTOR five (5) days' written notice, terminate the employment of said CONTRACTOR and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever methods it may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to CONTRACTOR. If such expense shall exceed such unpaid balance, CONTRACTOR shall pay the difference to CITY. The expense incurred by CITY as herein provided, and the damage incurred through CONTRACTOR'S default, shall be certified by the City Engineer.

TWENTIETH:

TWENTY-FIRST:

TWENTY-SECOND: It is expressly understood and agreed that CONTRACTOR herein named in the furnishing of all plant, labor, services, materials and equipment and performing the work as provided in this Agreement is acting as an independent contractor and not as the agent, servant or employee of the City of Anaheim.
10 TWENTY-THIRD: It is expressly understood and agreed that CONTRACTOR shall comply throughout the entire term of this Agreement with the all express requirements of Labor Code Sections 1725.5, 1771.1, 1771.4 and 1776, including but not limited to, compliance with contractor and subcontractor registration and requirements related to certified payroll records.

TWENTY-FOURTH: Any notices, demands, correspondence, or communications required or permitted to be given by this Agreement shall be sufficiently given by CONTRACTOR when received by CITY at the Office of the City Clerk, Anaheim Civic Center, 200 South Anaheim Boulevard, Anaheim, California 92805. CONTRACTOR shall concurrently mail a copy to the City Engineer at 200 South Anaheim Boulevard, Second Floor, Anaheim, California 92805.

Any notice, demands, correspondence or communications required or permitted to be given by this Agreement shall be sufficiently given by CITY when placed in the United States mail, postage prepaid to CONTRACTOR at CONTRACTOR'S address shown on Page 1 of this Agreement.

Either party may, from time to time, designate a different address to which such notice, demands, correspondence or communications are to be delivered.

Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signators hereto. Should CONTRACTOR fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by CITY.

TWENTY-FIFTH:
[Remainder of page intentionally left blank]
11 DATE OF EXECUTION CITY OF ANAHEIM
A municipal corporation,
By:
1, Director of Public Works Rudy
51 CITY
9944
O73#«r 2,UATTEST:

CJlDLCLIRK
>
yti\
Aded \
By:

DATE OF EXECUTION: HYM ENGINEERING, INC.

By:
res 7 dentTitle:

CONTRACTOR
44 99
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY
rmS).By:
rn Money /
City AttorneyDei
? /Date: Z71
144146
12 __ T.

EXECUTED IN 3 ORIGINAL COUNTERPARTS
BOND NUMBER: 4054731
PREMIUM $11,423.00 (SUBJECT TO CHANGE

BASED UPON FINAL CONTRACT

PRICE)FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Anaheim, a municipal corporation of Orange County, California, has awarded to HYM ENGINEERING, INC., 1559 W. Commonwealth Avenue, Fullerton, CA 92833 License No.918130, (hereinafter called "Principal"), a contract for the construction of an approximately 735 square foot addition to Brookhurst Community Center with an interior restroom, new sewer connection, concrete pathway and other hardscape, striping, landscaping, and all appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer. Account Nos. 235.411.S264.03E2,216.213.4721.9601.

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, as Principal, and great American insurance company . as Surety, are held and firmly bound unto the City of Anaheim, a municipal corporation (hereinafter called "City"), in the penal sum of Nine Hundred Eighty-Five Thousand Four Hundred Thirty-Five Dollars and No Cents, ($985,435.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that, if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The said Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purpose be deemed an original thereof, have been duly executed by the Principal and Surety herein named, the name and corporate seal of each corporate party being 1 1 •
hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

HYM ENGINEERING, INC.

SIGNED BY THE SURETY ON 11/12/2021
By:

PRINCIPAL
By:

PRESIDENT
By:

SECRETARY
SURETY APPROVED AS TO FORM:

U KEVIN VEGA

ROBERT FABELA, CITY ATTORNEY
Attorney in Fact
CORPORATE ADDRESS OF SURETY By:
301 E. FOURTH STREET
Dated:

CINCINNATI, OH 45202
2 11
\ •
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by
this power of attorney is not more than FOUR
No. 0 20974

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.

Limit of Power
ALL
$100,000,000
Name Address
ALL OF

COVINA, CALIFORNIA
PHILIP E. VEGA

KEVIN VEGA

BRITTON CHRISTIANSEN
MYRNA F. SMITH
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.

IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate FEBRUARYofficers and its corporate seal hereunto affixed this Attest
9TH day of

GREAT AMERICAN INSURANCE COMPANY
2021
isaB&
Divisional Senior Vice President Assistant Secretary
MARK VICARIO (877-377-2405)
, 2021 .before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.

STATE OF OHIO, COUNTY OF HAMILTON - ss:
day of9THOn this FEBRUARY

SUSANAKOHORST
Notary Public
State of Ohio
My Comm. Expires
May 18,2025
Wz 7io
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008.

RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution ofany bond, undertaking, contract ofsuretyship, or other written obligation in the nature thereof, such signature and sea! when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.

Signed and sealed this November12th , 2021day of
c. 2.t
Assistant Secretary
S1Q29AH (03/20)
\ '
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 CSfi (OS CX-fCX C25 es
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
11/12/2021
)
PHILIP VEGA, NOTARY PUBLICOn before me,
Date
personally appeared
Here Insert Name and Title of the Officer
KEVIN VEGA, ATTORNEY-in-FACT
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person^ whose namely) is/ase subscribed to the within instrument and acknowledged to me that he/ste/fhey executed the same in his/hefi/tbeir authorized capacity(tes). and that by his/ber/tbei* signature^ on the instrument the person ($), 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 paragraph is true and correct.

WITNESS my hand and official seal.,
1 * ■ « '*> -“i urn m
\ PHILIP VEGA
5»| Notary Public - California
Angeles County
V Commission ft 2327592 r
My Comm. Expires May 31,2024 p
m"m “ ■ ■■ 111 ■ ■ w 4.
f
ot
Signature
Sign> if Notary Public
1 -gtfggig;
Place Notary Seal Above
--------------------------------------------------------------OPTIONAL----------------------------------------------------------------- Though this section is 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:__________
Number of Pages:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:__________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other:___
Signer Is Representing:

Document Date:

Signers) Other Than Named Above:

Signer’s Name:__________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other: _
Signer Is Representing:
□ Attorney in Fact
□ Guardian or Conservator
□ Attorney in Fact
□ Guardian or Conservator
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CIVIL CODE § 1189CALIFORNIA 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 Orangp )
Jihve Hong, Notary Public11/1 8/2.021On before me,
Here Insert Name and Title of the OfficerDate
Abraham Jeonpersonally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official*^1JIHYE HONG
A Notary Public • California
IP Orange County
y Commission ~ 2346693
My Comm. Expires Feb 12. 2025
m
i: i
SignaturetK0*5>
Signature of Notary Public
Place Notary Seal Above
---------------------------------------------------------------OPTIONAL------------------------------------------------------------------ Though this section is 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:___________
Document Date:___________________
Signers) Other Than Named Above:

Number of Pages:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:____________________________
□ Corporate Officer — Title(s):_______________
□ Partner — □ Limited □ General
□ Attorney in Fact
□ Guardian or Conservator
Signer’s Name:___________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other: _
Signer Is Representing:
□ Individual
□ Trustee
□ Other:___
Signer Is Representing:
□ Attorney in Fact
□ Guardian or Conservator
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXECUTED IN 3 ORIGINAL COUNTERPARTS
BOND NUMBER: 4054731

PREMIUM (INCLUDED IN THE PERFORMANCE
BOND)

LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Anaheim, a municipal corporation of Orange County, California, has awarded to HYM ENGINEERING, INC., 1559 W. Commonwealth Avenue, Fullerton, CA 92833, License No. 918130, (hereinafter called "Principal"), a contract for the construction of an approximately 735 square foot addition to Brookhurst Community Center with an interior restroom, new sewer connection, concrete pathway and other hardscape, striping, landscaping, and all appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer. Account Nos. 235.411.S264.03E2, 216.213.4721.9601.

WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Anaheim to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and great American insurance company corporate Surety are held firmly bound unto the City of Anaheim and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Part 6 of Division 4 of the Civil code of the State of California (commencing with Section 8000) in the sum of Nine Hundred Eighty-Five Thousand Four Hundred Thirty-Five Dollars and No Cents, ($985,435.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Part 6 of Division 4 of the Civil Code of the State of California (commencing with Section 8000), so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. as
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the 1 Principal and Surety herein named, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

SIGNED BY THE SURETY ON 11/12/2021
HYM ENGINEERING, INC.

By:

PRINCIPAL
By:

PRESIDENT
By:

SECRETARY
APPROVED AS TO FORM: SURETY
Attorney m Fac4/

ROBERT FABELA, CITY ATTORNEY

KEVIN VEGA
CORPORATE ADDRESS OF SURETY By:
301 E. FOURTH STREET
7/Zr--Dated:

CINCINNATI, OH 45202
2 GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by
this power of attorney is not more than FOUR
No. 0 20974

Address
ALL OF

COVINA, CALIFORNIA
Limit of Power
ALL
$100,000,000
Name
PHILIP E. VEGA

KEVIN VEGA

BRITTON CHRISTIANSEN
MYRNA F. SMITH
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.

IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate FEBRUARY9THofficers and its corporate seal hereunto affixed this Attest
day of

GREAT AMERICAN INSURANCE COMPANY
2021
mp,s-
Divisional Senior Vice President Assistant Secretary
MARK VICARIO (877-377-2405)
, 2021 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, die Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.

STATE OF OHIO, COUNTY OF HAMILTON - ss:
day of9THOn this FEBRUARY

SUSANAKOHORST
Notary Public
State of Ohio
My Comm, Expires
May 18,2025
o'M
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008.

RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time, RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

Signed and sealed this November12th , 2021day of
A’’- c. 2
Assistant Secretary
S1029AH (03/20)
CIVIL CODE §1189CALIFORNIA 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
11/12/2021 PHILIP VEGA, NOTARY PUBLICOn before me,
Here Insert Name and Title of the Officer Date
personally appeared KEVIN VEGA, ATTORNEY-in-FACT
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person^ whose name(s) is/arp subscribed to the within instrument and acknowledged to me that he/9fee/fhey executed the same in his/her/their authorized capacity(tes)* and that by his/her/fhek 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 paragraph is true and correct.

WITNESS my hand and
M iffl ■hnAiidfc M ihiOmftail

PHILIP VEGA I
Notary Public - California |
Los Angeles County $
1 Commission # 2327592 r
1 My Comm, Expires May 31, 2024 p
jcial seal.£5®
135 W
Signature
Sigj of Notary Public
Place Notary Seal Above
--------------------------------------------------------------OPTIONAL----------------------------------------------------------------- Though this section is 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:__________
Number of Pages:

Capacity(ies) Claimed by Signerfs)
Signer’s Name:__________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other:___
Signer Is Representing:

Document Date:

Signers) Other Than Named Above:

Signer’s Name:__________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other: _
Signer Is Representing:
□ Attorney in Fact
□ Guardian or Conservator
□ Attorney in Fact
□ Guardian or Conservator
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CIVIL CODE §1189CALIFORNIA 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 Orange
Jihye Hong, Notary Public
Here Insert Name and Title of the Officer
11/1 8/P,021On before me,
Date
Abraham Jeonpersonally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seaU^"? JIHYE HONG
\ Notary Public ■ California |
:i Orange County
' Commission * 2346693
My Comm. Expires Feb 12. 2025
f
0?&Sjf
2 IS
5 1 l
Signature■mgs
Signature of Notary Public
Place Notary Seal Above
---------------------------------------------------------------OPTIONAL------------------------------------------------------------------ Though this section is 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:___________
Document Date:___________________
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name:____________________
□ Corporate Officer — Title(s):_______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other:___
Signer Is Representing:

Number of Pages:

Signer’s Name:___________________
□ Corporate Officer — Title(s):______
□ Partner — □ Limited □ General
□ Individual
□ Trustee
□ Other: _
Signer Is Representing:
□ Attorney in Fact
□ Guardian or Conservator
□ Attorney in Fact
□ Guardian or Conservator
©2015 National Notary Association • www.NationaiNotary.org * 1-800-US NOTARY (1-800-876-6827) Item #5907

EXHIBIT B
Federal Regulations
CONTRACTOR shall comply with the following provisions as set forth in Section 3 of the Housing and Urban development Act of 1968 and 24 CFR Part 135, subdivision relating to mandatory contract provisions in connection with the procurement of construction contracts with federal grant funds.

EQUAL EMPLOYMENT OPPORTUNITY FIRST.

CONTRACTOR represente that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age, in compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).

During the performance of this contract, the CONTRACTOR agrees as follows:

The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

1.1 The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

1.2 The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

1.3 1.4
1 The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.

Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq.

The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation.

The CONTRACTOR will include the provisions of paragraphs 30.1 through 30.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or CONTRACTOR as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

1.5 1.6

1.7 1.8

1.9 SECOND. ENERGY CONSERVATION REQUIREMENTS
CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy Conservation Act,
COPELAND ANTI-KICKBACK ACTTHIRD.

CONTRACTOR shall comply with the provisions of the Copeland “Anti-Kickback Act (18 U.S.C. 874) as supplemented in the Department of Labor regulations (29 CFR Part 3). 2 CONTRACT WORK HOURS AND SAFETY STANDARDS ACTFOURTH.

CONTRACTOR shall comply with the provisions provided in Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330), as supplemented by Department of Labor regulations (29 CFR Part 5).

CLEAN WATER REQUIREMENTSFIFTH.

CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

CONTRACTOR shall report each violation to ANAHEIM and understands and agrees that ANAHEIM will in turn, report each violation as required to assure notification to appropriate EPA Regional Office. CONTRACTOR agrees to include this requirement in all of its subcontracts.

SIXTH. CLEAN AIR
CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONTRACTOR shall report each violation to ANAHEIM, who will in turn, report each violation as required to assure notification to the appropriate EPA Regional Office. CONTRACTOR agrees to include this requirement in all of its subcontracts.

SEVENTH. COMPLIANCE WITH DAVIS-BACON ACT
To the extent applicable, CONTRACTOR shall comply with the Davis - Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5.) INTEREST OF MEMBERS. OFFICERS OR EMPLOYEESEIGHTH.

To the extent applicable, no member, officer, or employee of ANAHEIM, no member of the City Council of the City of Anaheim, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

LIMITATIONS ON PAYMENTS MADE TO INFLUENCE CERTAIN NINTH.

FEDERAL FINANCIAL TRANSACTIONS
CONTRACTOR agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. 3 CONTRACTOR further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement.

The work to be performed under this contract by and between the City of Anaheim, hereinafter referred to as “City” and CONTRACTOR, is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons.

ELEVENTH. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations.

TWELFTH. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has an agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the CONTRACTOR’S commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The CONTRACTOR agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

TENTH.

THIRTEENTH.

The CONTRACTOR will certify that any vacant employment
positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not to circumvent the CONTRACTOR’S obligations under 24 CFR part 135.

FOURTEENTH.

Noncompliance with regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects.

FIFTEENTH.
4 DISADVANTAGED BUSINESS ENTERPRISESSIXTEENTH.

16.1. In accordance with federal financial assistance agreements with the U.S.

Department of Transportation (U.S. DOT), CITY has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs, Federal Highway Administration." The Project is subject to these stipulated regulations. In order to ensure that CITY achieves its overall DBE Program goals and objectives, CITY encourages the participation of DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these Regulations, it is also the policy of the CITY to:
.01. Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of CITY'S DOT-assisted contracting opportunities.
.02. Ensure that DBEs can fairly compete for and perform on all DOT-assisted contracts and subcontracts.
.03. Ensure non-discrimination in the award and administration of CITY'S DOT-assisted contracts.
.04. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts.
.05. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs.
.06. Help remove barriers to the participation of DBEs in DOT-assisted contracts. .07. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program.

16.2. CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Any terms used in this section that are defined in 49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the CITY's DBE Program with respect to DOT-assisted contracts, the Regulations shall prevail.

CITY's New Race-Neutral Component of the DBE Policy
Implementation Directives: Pursuant to Race-Neutral DBE policy directives issued by the U.S.

DOT March 23, 2006 in response to the Ninth Circuit U.S. Court of Appeals decision in Western States Paving Co. v. Washing State Department of Transportation, CITY has implemented a Race-Neutral component to its DBE program. A Race-Neutral DBE Program is one that, while benefiting DBEs, does not require a set level of participation by DBEs for the purposes of this Agreement. While the CITY has a DBE goal for its projects, CONTRACTOR shall not be required to achieve a specific level of DBE participation as a condition of contract compliance in

16.3. 5
the performance of the DOT-assisted contract. However, CONTRACTOR shall adhere to race- neutral DBE participation commitments) made at time of contract award.

16.4. Definitions: The following definitions apply to the terms as used in these provisions:
'Disadvantaged Business Enterprise (DBE)" means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly-owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
.02. "Small Business Concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $19.57 million over the previous three fiscal years.

Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian- Indian Americans, women and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act, or by the Authority pursuant to 49 CFR part 26.65. Members of the following groups are presumed to be socially and economically disadvantaged:
.01.
.03.

Black Americans," which includes persons having origins in any of the Black (a) racial groups of Africa;
'Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (b)
'Native Americans," which includes persons who are American Indians, Eskimos,(c) Aleuts, or Native Hawaiians;
'Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas;
(d)
'Asian-Indian Americans," which includes persons whose origins are from India,(e) Pakistan, and Bangladesh; and
(f) Women, regardless of ethnicity or race
.04. "Owned and Controlled" means a business: (a) which is at least 51 percent owned by Socially and Economically Disadvantaged Individuals" or, in the case of aone or more publicly-owned business, at least 51 percent of the stock of which is owned by one or more 6 "Socially and Economically Disadvantaged Individuals"; and (b) whose management and daily business operations are controlled by one or more such individuals. .05. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the CONTRACTOR. .06. "Regular Dealer" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business.

The firm must engage in, as its principal business, and in its own name, the purchase and sale of the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment.
.07. "Other Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case-by-case basis, are determined by Small Business Administration or AUTHORITY to meet the social and economic disadvantage criteria described below.

Social Disadvantage: The individual's social disadvantage must stem from his/her color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control.

The individual must demonstrate that he/she has personally suffered social (a)
(i)
disadvantage.
(ii) The individual's social disadvantage must be rooted in treatment, which he/she has experienced in American society, not in other countries. (iii) The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant.

The individual's social disadvantage must have negatively affected his/her entry into and/or advancement in the business world.
(iv)
A determination of social disadvantage must be made
to make a determination of economic disadvantage.
(v) before proceeding
Economic Disadvantage(b)
The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged.

The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage:
(i)
(ii)
7 With respect to the individual:
availability of financing
bonding capability
availability of outside equity capital
available markets
With respect to the individual and the business concern:
personal and business assets
personal and business net worth
• personal and business income and profits

16.5. Race-Neutral DBE Submission and Ongoing Reporting Requirements (Post- Award): CONTRACTOR shall complete and submit the following DBE exhibits (forms) at the times specified: "Monthly Race-Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103). If CONTRACTOR is a DBE firm and/or has proposed to utilize DBE firms, CONTRACTOR will be required to complete and submit a Form 103 to CITY by the 5th of each month until completion of the contract to facilitate reporting of race- neutral DBE participation, following the first month of contract activity. CONTRACTOR shall report the total dollar value paid to DBEs for the applicable reporting period. CONTRACTOR shall also report the DBE's scope of work and the total subcontract value of commitment for each DBE reported. CONTRACTOR is advised not to report the participation of DBEs toward CONTRACTOR'S race-neutral DBE attainment until the amount being counted has been paid to the DBE. Upon completion of the contract, CONTRACTOR will be required to prepare and submit to CITY a "Race-Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103) clearly marked "Final" to facilitate reporting and capturing actual DBE race-neutral attainments. CONTRACTOR shall complete and submit a Final Form 103 whether or not DBEs were utilized in the performance of the contract.

16.6. DBE Eligibility and Commercially Useful Function Standards: A DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, CONTRACTOR of material or supplies, or as a trucking company. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should perform at least thirty percent (30%) of the total cost of its contract with its own workforce to presume it is performing a 8 commercially useful function. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: The CUCP web site, which can be accessed at http://www.califomiaucp.com; or the Caltrans "Civil Rights" web site at http://www.dot.ca.gov/hq/bep. The CUCP DBE Directory, which may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815; Telephone: (916) 445-3520.

16.7. DBE Crediting Provisions: When a DBE is proposed to participate in the contract, either as a prime CONTRACTOR or Subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards race-neutral DBE participation. If CONTRACTOR is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. If a DBE intends to subcontract part of the work of its subcontract to a lower tier Subcontractor, the value of the subcontracted work may be counted toward race-neutral DBE participation only if the DBE Subcontractor is a certified DBE and actually performs the work with its own forces. Services subcontracted to a non-DBE firm may not be credited toward the prime Contractor's race-neutral DBE attainment. CONTRACTOR is to calculate and credit participation by eligible DBE CONTRACTORS of equipment, materials, and suppliers toward race-neutral DBE attainment, as follows: Sixty percent (60%) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a regular dealer; or One hundred percent (100%) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a DBE manufacturer.

The following types of fees or commissions paid to DBE Subcontractors, Brokers, and Packagers may be credited toward the prime CONTRACTOR'S race-neutral DBE attainment, provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract. .02. CONTRACTOR may count the participation of DBE trucking companies toward race-neutral DBE attainment, as follows: The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract.

The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non- DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. For purposes of this .01.
9 paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck.

This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. If CONTRACTOR listed a non-certified DBE 1st tier subcontractor to perform work on this contract, and the non-certified DBE subcontractor subcontracts a part of its work or purchases materials and/or supplies from a lower tier DBE certified Subcontractor or CONTRACTOR, the value of work performed by the lower tier DBE firm's own forces can be counted toward race- neutral DBE participation on the contract.

Performance of DBE Subcontractors: DBE subcontractors listed by CONTRACTOR in its "DBE Race-Neutral Participation Listing" (Exhibit D-2) submitted at the time of proposal submittal shall perform the work and supply the materials for which they are listed, unless the CONTRACTOR has received prior written authorization from the CITY to perform the work with other forces or to obtain the materials from other sources.

CONTRACTOR shall provide written notification to the CITY in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work.

16.9. Additional DBE Subcontractors: In the event CONTRACTOR identifies additional DBE subcontractors or suppliers not previously identified by CONTRACTOR for race-neutral DBE participation under the contract, CONTRACTOR shall notify the CITY by submitting "Request for Additional DBE Firm" to enable CONTRACTOR to capture all race-neutral DBE participation. CONTRACTOR shall also submit, for each DBE identified after contract execution, a written confirmation, from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation).

16.10. DBE Certification Status: If a listed DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify CONTRACTOR in writing with the date of decertification. If a non-DBE subcontractor becomes a certified DBE during the life of the project, the DBE subcontractor shall notify CONTRACTOR in writing with the date of certification. CONTRACTOR shall furnish the written documentation to CITY in a timely manner.

16.8. CONTRACTOR'S Assurance Clause Regarding Non-Discrimination: In compliance with State and Federal anti-discrimination laws, CONTRACTOR shall affirm that they will not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of contract award opportunities. Further, CONTRACTOR shall affirm that they will consider, and utilize subcontractors and contractors, in a manner consistent with non discrimination objectives.

16.11. 10
City of Anaheim

DEPARTMENT OF PUBLIC WORKS

NOTICE OF AWARD
November 9, 2021
Abraham Jeon, President
HYM Engineering, Inc.
1559 W Commonwealth Ave.

Fullerton, CA 92833

NOTICE OF AWARD
Brookhurst Community Center - Teen Room Addition
RE:

Dear Mr. Jeon:

We are very pleased to inform you that on November 2, 2021 your firm was awarded the contract for the above-named public improvements project. The Contract will be executed upon your compliance with the conditions stated herein and one copy will then be mailed to you.

The following enclosures shall be duly executed and acknowledged by your firm and submitted to the City Engineer’s Office at the address stated below within twenty-one (21) calendar days or earlier after receipt of this notice:

1. Three notarized originals of the Agreement on the City’s form. Evidence must be attached showing that the signatures are of person(s) who have the authority to bind the Contractor to the agreement.

Three originals of the Labor and Material Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

Three originals of the Faithful Performance Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

Original certificate(s) of insurance (duly executed by insurers) evidencing coverage required by the Contract.
■ An additional insured endorsement (separate forms) to your general liability and automobile liability insurance policy naming the City of Anaheim, its officers, agents, employees, representatives, and volunteers are also required and said endorsement must bear the wet signature of an authorized representative of the insurance company. ■ The endorsement must also contain a statement that thirty days' notice must be given to the City of any change or cancellation of the policy.

2. 3.

4. All fully completed CDBG documents and Exhibits required as listed on page 4 of 33 of Section 3. ‘CDBG Fund Specifications and Documents’

5. 00 S. Anaheim Bivd., Suite 276
Jiaheim, CA 92805
EL (714) 765-5176
AX (714) 765-5225
ww.anaheim.net
Notice of Award: Brookhurst Community Center - Teen Room Addition November 9, 2021
Mr. Jeon

Page 2 ends

All required items or questions shall be addressed to:

Patrick Kelley, Construction Contract Specialist
Department of Public Works
Construction Services Division
200 S. Anaheim Blvd., Suite 276
Anaheim, CA 92805
(714) 765-5272

THE CITY SHALL MAKE NO PAYMENT FOR ANY WORKS PERFORMED PRIOR TO YOUR RECEIPT OF A SIGNED AGREEMENT. ANY REPRESENTATION TO THE CONTRARY BY ANY

CITY OFFICER, AGENT, OR EMPLOYEE IS UNAUTHORIZED AND SHALL NOT BE BINDING ON THE CITY OF ANAHEIM.

Please be aware that you must have a valid City business license before beginning work under this Contract. Under no circumstances are you authorized to begin work until you receive a written "NOTICE TO PROCEED" from the City.

Congratulations on being awarded this contract. If you have any questions concerning these forms, please call the undersigned at (714) 765-5272.

Sincerely,
Patrick Kelley
Construction Contract Specialist
[email protected]
H:\PROJECT FOLDERS-ACTIVE\Brookhurst Community Center - Teen Room Addition\CGNSTRUCT10N\3 BID AWARDVNOTICE OF AWARD\Notice of Award.do'cx
Raul Garcia
Brenda Medina'ft^
Jose Cortez
Brandon Spencer
cc.

Jose Jimenez
Ana Straabe
Marybell Eguez, Accounting (w/lstpage of Agreement, Exhibit A, & Encumbrance) Jennifer Sorensen
City Clerk
Business License
Construction Services Division
File

EXHIBIT A
Project: Brookhurst Community Center- Teen Room Addition This project will consist of construction of an approximately 735 square foot addition to Brookhurst Community Center with an interior restroom, new sewer connection, concrete pathway and other hardscape, striping, landscaping, and all appurtenant work as shown on the approved plans and specifications
GRA2021-03659, RCP2021-18005, BLD2021-00421, FPI2021-00027 Account # 235.411.S264.03E2, 216.213.4721.9601
LOWEST AND BEST RESPONSIBLE BIDDER: HYM Engineering, Inc. 1559 W Commonwealth Ave
Fullerton, CA 92833
PUBLICATION DATES: 9/16/21 and 9/23/21
10/07/21 BID OPENING DATE:

Per Current D.I.R. PublicationPREVAILING WAGE RATE RESOLUTION NO:
11/02/21 AWARD DATE:
$985,435.00 (Nine Hundred Eighty Five
Thousand Four Hundred Thirty Five
Dollars)
CONTRACT PRICE:

CONTRACT COMPLETION DAYS: One Hundred Eighty (180) Working Days
One Thousand Five Hundred Dollars
($1,500.00) Per Day
LIQUIDATED DAMAGES:

B_EJ M
45 CITY COUNCIL AGENDA REPORT%
/s
O
*(X,
City of Anaheim

DEPARTMENT OF PUBLIC WORKS
z
X"
DATE: NOVEMBER 2, 2021

DEPARTMENT OF PUBLIC WORKS AND DEPARTMENT OF

COMMUNITY SERVICES
FROM:

SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR

BROOKHURST COMMUNITY CENTER - TEEN ROOM

ADDITION PROJECT
ATTACHMENT (Y/N): YES ITEM # 06
RECOMMENDATION:

That the City Council, by Motion:
1) Determine the Brookhurst Community Center - Teen Room Addition Project (Project) is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to Section(s) 15301(e), 15303(d), and 15304(a)(b)(f). This project is identified as Class 1 (minor alteration to existing features), Class 3 (new construction or conversion of small structures), and Class 4 (minor land alteration) pursuant to Title 14 of the California Code of Regulations; and 2) Award the construction contract to the lowest responsive and responsible bidder, HYM Engineering, Inc. of Fullerton, CA, Contractor’s License No. 918130, Classification A and B, in the amount of $985,435, for the Project; authorize the Director of Public Works, on behalf of the City, to execute the Contract and any other related documents, and to take such actions as are necessary to implement and administer the Contract; and direct and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions.

DISCUSSION:

The project will consist of constructing an approximately 735 square foot teen room addition to Brookhurst Community Center with an interior restroom, new sewer connection, concrete pathway and other hardscape, striping, landscaping, and all appurtenant work as shown on the approved plans and specifications.

The bids are summarized as follows:
$885,000 (Nonresponsive)
.........................$985,435
.......................$1,030,000
......................$1,070,165
.......................$1,130,500
Aid Builders, Inc., Los Alamitos, CA..................

HYM Engineering, Inc., Fullerton, CA...............
iBuild Spectrum, Santa Ana, CA........................

SS+K Construction, Inc., Woodland Hills, CA..

R Dependable Const., Inc., San Bernardino, CA

1. 2.

3. 200 S. Anaheim Blvd.

Suite #276
Anaheim, CA 92805
Tel: (714)765-5176
Fax: (714) 765-5161
www.anaheim.net

4. 5.

Award of Construction Contract for Brookhurst Community Center-Teen Room Addition Project November 2, 2021

Page 2 of 2 ends

Five bids were received. The project specifications required that bidders submit a statement of qualifications with past projects of similar size and scope to be deemed responsive and responsible. Based on the information submitted on the statement of qualifications, staff determined that the lowest bidder did not have the required experience with projects of similar size and scope to be considered a responsive and responsible bidder on this project.

The bid price reflects the current bidding environment, is consistent with the engineer’s estimate, appears to be reasonable, and is within the available funding. Construction is scheduled to begin December 2021 and is scheduled to be completed in fall 2022. Liquidated damages are set for $1,500 per day.

ENVIRONMENTAL REVIEW:

The Department recommends that City Council determine that the Project is categorically exempt from CEQA pursuant to sections 15301(e), 15303(d), and 15304(a)(b)(f). This project is identified as Class 1 (minor alteration to existing features), Class 3 (new construction or conversion of small structures), and Class 4 (minor land alteration) pursuant to Title 14 of the California Code of Regulations.

COMMUNITY WORKFORCE AGREEMENT fCWA):

This project is not covered “Project Work” as defined in the CWA the City entered into with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work listed on the Projects List.

The Project List (Attachment F to the CWA) as approved by City Council on December 3, 2019, identifies projects in which the CWA shall apply. In determining project application, the CWA Project List was based on the Capital Improvement Program that may be adjusted annually based on City priorities, availability of funding, and other considerations. The intent in the development of the Project List is that larger projects be included due to the additional administrative activities associated with the CWA and minimize the impact of the additional administrative functions and costs for the City and for smaller construction firms.

IMPACT ON BUDGET:

Sufficient funds are available in Community and Economic Development’s and Community Services’ FY 2021/22 Capital Improvement Program budget from Community Development Block Grant (CDBG) funds and Development Impact fees.

Respectfully submitted, Concurred by,
Rudy Emami
Public Works Director
Sjany Larson-Cash
Community Services Director
Attachments;

1. Exhibit A

2. Vicinity Map
CRESENTAVE. \N
VALDINAAVE.

APN APN
07113037 07113033

BROOKHURST
JUNIOR H.S.
/
L7t
ARTESIA AVE.

COMMONWEALTH AVE
to
K
HI
3 -ORANGETHORPE AVE.
4J«
LA PALMA AVE.
&
CRESENT AVE.
\ SITE
LINCOLN AVE.

Vicinity Map
Brookhurst Community Center - Teen Room Addition
2271 Crescent Avenue, Anaheim, CA 92801

VICINITY MAP LOCATION MAP
A
JL Av
L
\\
VENTURE ST.

BROOKHURST ST.

LU
CO
HARBOR BLVD. •
S
EUCLID ST.
m<
d >70 mG)
2!
<3o
BROOKHURST ST.

GILBERT ST,
MAGNOLIA AVE.

DALE AVE.

BEACH BLVD.

WESTERN AVE. !|
I

Anaheim City CouncilAugust 15, 2023

Anaheim City Council
August 15, 2023