CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 17, 2024
SUBJECT: Award of Construction Contract to WGJ Enterprises, Inc. dba PCI for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16
RECOMMENDATION
Staff recommends that the City Council:
1. Award the Construction Contract for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 to WGJ Enterprises, Inc. dba PCI in the amount of $254,057;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the contract for $50,811, for a total not-to-exceed amount of $304,868, if needed;
3. Authorize the City Manager to execute the Construction Contract for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 to WGJ Enterprises, Inc. dba PCI, subject to the City Attorney making non-substantive changes; and,
4. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
BACKGROUND
In June 2023, the City Council approved the Capital Improvement Program for Fiscal Year 2023-24, which included the Active Transportation Study & Bicycle Green Zone Pilot Project. This project includes two components: 1) Development of an Active Transportation Plan that will support efforts to increase mobility for all ages and abilities; and, 2) Installation of green conflict zone striping at roadways surrounding the Chet Holifield Federal Building.
The Active Transportation Plan study is currently on-going, and the final report is expected in the summer of 2025. The green conflict zone striping included in this project will be installed on sections of the following roadways: Alicia Parkway, Avila Road, and La Paz Road. A vicinity map is provided as Attachment "A".
Colored pavement within a bicycle lane increases the visibility to motorists, identifies potential areas of conflict between bicycles and motorists, and reinforces that priority in contlict areas is to be given to bicyclists. The color green is used to minimize confusion with other standard traffic control markings. The benefits of having green colored pavement in a bike lane is to promote multiple modes of transportation on a roadway, increase the visibility of bicyclists and help reduce conflicts between bicycles and turning motorists. Typically, the green colored pavement is applied within bike lanes, across vehicle right turn lanes, across driveways and where vehicle movements will encroach into the bike lane. This project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
In response to the advertisement for bids, the City received five bids on August 22, 2024.
A summary of the bids is provided in the table below.
Contractor Base Bid Amount
WGJ Enterprises, Inc. dba PCI (Recommended) $254,057
Chrisp Company $312,122
Sterndahl Enterprises, LLC $345,499
Superior Pavement Markings, Inc. $380,910
Arix, Inc. $575,876
In accordance with Public Contract Code section 22038(b), this project must be awarded to the lowest responsible bidder submitting a responsive bid. Staff reviewed the base bid from WGJ Enterprises, Inc. dba PCI, the apparent low bidder, and found the company has been a licensed contractor since 1981 and currently holds active C32 and C61/D42 licenses. WGJ Enterprises, Inc. dba PCI holds all bonding and insurance requirements, maintains a current registration with the Department of Industrial Relations, and meets all contract requirements. In their bid submittal, the contractor referenced several prior projects, similar in nature to the Cash Contract No. 23-16 project, that they installed for the City of Palm Desert, the City of Santa Monica, and the City of Calabasas. References from these cities identified this contractor has met and exceeded expectations.
Staff recommends that a construction contract be awarded to WGJ Enterprises, Inc. dba PCI in the amount of $254,057 for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 (Attachment "B"). Staff is also recommending that the City Council authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the contract for $50,811, for a total not-to-exceed amount of $304,868.
In addition, project expenditures include $42,600 for Construction Management and Inspection services to oversee all construction activity. The total project cost for all construction expenditures, including contingency is $347,468 and adequate project funding was allocated as part of the Fiscal Year 2023-2024 budget adoption.
Construction is expected to begin in Fall 2024 with an estimated completion by Winter 2024-25. The City website and social media platforms will be updated regularly to inform the public of the Project's status.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines - California Code of Regulations, Chapter 3 (Guidelines for Implementation of CEQA), Article 19 (Categorical Exemptions), Section 15301 (Existing Facilities), subsection (c).
ALTERNATIVES CONSIDERED
1. The City Council may decide not to approve the Construction Contract with WGJ Enterprises, Inc. dba PCI and rebid the project. Staff believes that re-advertising the project will not result in lower bids.
2. The City Council could direct staff to defer the project to a future date. As a result of this action, bicycle lane enhancements to the roadways would be delayed.
FISCAL REVIEW
The total project budget is $383,592 for Bicycle Green Zone Pilot Project and the total project cost including contingency is estimated to be $347,468, as summarized in the table below.
Project Funding Sources Construction Expenditures
WGJ Enterprises, Inc. dba PCI $254,057
Measure M2 $383,592
Contingency (20%) $50,811
Construction Management/ $42,600
Total Project Inspection
$383,592
Funding Total Estimated
Construction Expenditures $347,468
LEGAL REVIEW
The City Attorney's Office has reviewed the Construction Contract and has approved it as to form.
CONCLUSION
Staff recommends that the City Council:
1. Award the Construction Contract for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 to WGJ Enterprises, Inc. dba PCI in the amount of $254,057;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the contract for $50,811, for a total not-to-exceed amount of $304,868, if needed;
3. Authorize the City Manager to execute the Construction Contract for the Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 with WGJ Enterprises, Inc. dba PCI, subject to the City Attorney making non-substantive changes; and,
4. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
City Manager Public Works Director/City Engineer
Assistant Engineer
Attachments:
A. Vicinity Map
B. Construction Contract, Cash Contract No. 23-16
ATTACHMENT A
Vicinity Map
LEGEND
Bicycle Green Zone Pacific Park
Striping Roadways
Heather Ridge
Avila Rd
Alicia Pkwy La Paz
Aliso Creek Rd
VICINITY MAP
Location Map N
Bicycle Green Zone Pilot Project,
Cash Contract No. 23-16
ATTACHMENT B
Construction Contract, Cash Contract No. 23-16
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
WGJ Enterprises Inc. dba PCI
FOR
Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 THIS AGREEMENT FOR CONSTRUCTION SERVICES ("Agreement") is made and 22222
Number is 1000813536.
RECITALS
A. City desires a public works project for Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 ("Project") and issued a Notice Inviting Bids dated August 8, 2024, for the Project.
B. Bids for the Project were received, publicly opened, and declared on the date specified in said notice, or as otherwise accepted and processed through those procedures and approvals authorized under the City of Laguna Niguel Municipal Code.
C. City accepted the bid of Contractor dated August 22, 2024, pursuant to legal requirements and selected Contractor for the Project.
D. City desires to retain Contractor, on an independent contractor basis, for the Project, as more particularly described below.
E. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
F. Pursuant to the City of Laguna Niguel Municipal Code and California state law, City has authority to enter into and execute this Agreement.
G. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements (collectively referred to herein as the "services" or "work" hereunder) in the Contract Documents for Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 ("Project"). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. By entering into this Agreement, Contractor acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, the Project Manager, architects, inspectors, engineers, or utilities.
As used herein, "Contract Documents" refers to all of the following documents, all of which are component parts of this Agreement as if herein set out in full or attached hereto:
A. Notice of Inviting Bids, Bid Forms & Instructions to Bidders B. Scope of Work, if any
C. Plans for the Project, if any
D. Project Construction Schedule
E. General Specifications and Provisions, if any
F. Special Provisions for the Project, if any
G. Standard Specifications
H. Technical Specifications
I. Addendum(s) as issued
J. Contractor's Signed Bid Proposal and Information Required of Bidder K. Designated Subcontractors List, if any
L. Bid Bond, Performance Bond, Labor & Materials Payment Bond, and any other Bonds as required by this Agreement
M. Insurance Certificates and Written Endorsements
N. Notice to Proceed (issued by the City)
O. Notice of Completion (issued by the City at final completion of the project) -2-
P. Guaranty Form
Q. All Changes Orders properly authorized after execution of Agreement.
The Contract Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.
1.2 Incorporation of Greenbook.
The provisions of the 2024 Edition of the Standard Specifications for Public Works Construction, as updated by errata, ("Greenbook") are incorporated herein as the Standar Specifications, except as explicitly modified herein or by the Contract Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a public work as defined in Labor Code section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code section 1771. Pursuant to Labor Code section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and on the DIR website at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state or federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the sum of $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
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(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Labor Code section 1776; certify and make such payroll records available for inspection as provided by Labor Code section 1776; and inform the City of the location of the records.
Contractor shall submit all required reporting and records directly to the DIR. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code section 1810.
Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Labor Compliance: Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
Workers' Compensation. California Labor Code sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its -4-
employees if it has employees. In accordance with the provisions of California Labor Code section 1861 and Section 5.1 and 5.2 of this agreement, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
(k) Contractor's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
1.4 Compliance with Law.
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, state or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Contractor to comply with this Section.
1.5 Licenses, Permits, Fees and Assessments.
Contractor has California State Contractor's License Board License Classification C32 and C-61/D42, No. 415490 and shall maintain said license and obtain and maintain, at its sole cost and expense, such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the services should be performed, and (ii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve -5-
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.7 Discovery of Unknown Conditions.
Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting Parties.
1.8 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work.
Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4216 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
Pursuant to Government Code Sections 4216 through 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. -6
Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firms), and/or utilizing potholes, specialized locating equipment and/or hand trenching.
1.9 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the California Code of Regulations. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item, and no additional compensation will be allowed therefor.
1.10 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement, to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.11 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) calendar days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and/or replace any portions of the work (or work of other contractors or subcontractors) damaged by its defective -7-
work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.12 Additional Work and Change Orders.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless an authorized written change order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Compensation Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and City's authorized representative, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to 15% of the Compensation Sum or any increase in the time to perform of up to 30 calendar / working days and which are not detrimental to the Work or to the interest of the City, may be approved by the City's Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Compensation Sum for a Change Order must be in not cover the type of work in the Change Order, the cost of such work shall not exceed an amount Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as (i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is -8-
done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day.
It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Compensation Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.13 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements," attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement or the Bid Documents, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Compensation Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amount of Two Hundred Fifty Four Thousand and Fifty Seven Dollars ($254,057) as set forth in Contractor's Bid attached hereto as Exhibit A and incorporated herein by this reference ("Compensation Sum"). Subject to any additions or deductions that may be made by Change Order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total compensation no greater than, including reimbursement of Contractor's expenses, an amount not to exceed the contingency amount of Fifty Thousand Eight Hundred Eleven Dollars ($50,811) plus the Compensation Sum for a total of $304,868 ("Contract Sum") for completion of the work.
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2.2 Invoices.
(a) Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. (b) All invoices shall include a copy of Contractor's Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor's first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment generally within thirty (30) calendar days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.
In the event that City does not cause Contractor to be paid any progress payment within thirty (30) calendar days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) calendar days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) calendar days from final acceptance of the work as defined in paragraph 3.4 herein. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount. -10-
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor's direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor's completion of its obligations hereunder, as evidenced by the City's acceptance of the work pursuant to Section 3.4 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) calendar days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention.
Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall complete the Project within 30 •calendar / X working days ("Contract Time") after receiving a "Notice to Proceed" from the City in accordance with any schedule contained in or required to be provided by the Proposal or Contract Documents, and any revisions thereof approved by the City in writing. All of Contractor's work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time periods, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City's acceptance of the Project.
3.2 Liquidated Damages.
Pursuant to Government Code section 53069.85, if work is not completed in strict compliance with Section 3.1 of this Agreement or in strict accordance with the schedule of performance provided by any schedule contained in or required to be provided by the Contract Documents (such deadlines collectively referred to herein as "Agreement Deadlines"), it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the Contractor and its sureties shall pay to the City the sum of $1000.00 for each and every calendar day of delay beyond the completion date in Section 3.1 of this Agreement, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents, or beyond the time indicated in the Contract Documents for any individual -11-
activity to be performed pursuant to the Agreement. Contractor expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payments) shall in no respect constitute a waiver or modification of any provisions regarding Agreement Deadlines, a completion schedule, the Project schedule or the accrual of liquidated damages. In the event the same is not paid, the Contractor further agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This Section does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the City's ability to seek other damages. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of a utility to provide for removal or relocation of utility facilities.
3.3 Force Majeure.
The time period(s) specified in the Section 3.1 and pursuant to this Agreement for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if the Contractor shall within ten (10) calendar days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Final Acceptance.
Acceptance of the Project shall only be by action of the City. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City. As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance. -12-
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
Contractor's ownership, management and licensing is tied to specific principal representatives ("Principals") who are designated as [William G. Jacob, President/Owner, (562) 218-0504, [email protected]]. The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of the Project Manager. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify (and, as required by law, secure City approval in regards to subcontractors before changes in Contractor's subcontractors, of City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Project Manager.
The Project Manager shall be designated by the City's Director of Public Works or City Engineer. It shall be the Contractor's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City's Director of Public Works or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such - 13-
obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor's exclusive control and direction. No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Contractor or any officer, employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System, to be classified as other than an independent contractor for City, then Contractor shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Contractor, or any officer, employee, agent, or subcontractor Contractor used to provide services under this Agreement, is/are employees of City.
4.5 Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and in compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq.
Contractor shall be responsible for ensuring compliance by any subcontractor or lower tier subcontractor under it with this Agreement, all state and federal laws, codes and regulations, and municipal ordinances and regulations of City. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be voidable at the option of City. No approved transfer shall release the Contractor, or any surety or insured of Contractor, of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Prior to commencement of any services under this Agreement, and without limiting Contractor's indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, as marked by checkmark, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, and attorneys of City. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation solely in regards to insurance coverage.
*General liability insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses, and no less than $2,000,000 general aggregate, for bodily injury, personal injury and property damage, and a $1,000,000 completed operations aggregate. Contractor must maintain a policy of commercial general liability insurance for as long as there is a statutory exposure to completed operations claims. (b) * Automobile liability insurance. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(c) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California (statutory limits) as well as a policy of employer's liability insurance (with limits of at least $1,000,000), which shall each indemnify, insure and provide legal defense for Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the work or services contemplated in this Agreement. In addition, Contractor shall require each subcontractor to similarly maintain a policy of worker's -15-
compensation insurances and employer's liability insurance in according with the laws of the State of California for all of the subcontractor's employees. •Builder's Risk Insurance. Contractor shall maintain, from upon commencement of work and through the entire duration of the Project until only the City has an insurable interest, Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the Builder's Risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor's Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (f) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) -16-
"follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Enforcement and Notice. No work or services under this Agreement shall commence until both Contractor has provided City with insurance certificates, endorsement forms and appropriate insurance binders, signed by a person authorized by the Insurer to bind coverage on its behalf, evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Contractor shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(C) Additional Insureds. All of the above policies shall name City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions.
Primary. Subrogation. Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for above policies, Contractor and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Contractor's insurance. If Contractor maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage -17-
shall be available to City and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(e) Limitations. Self- Insured Retention and Deductibles. Contractor agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor's activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys' fees, defense expenses and claims.
Completed operations coverage. Completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. (g) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of Article 5 of this Agreement. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
5.3 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, -18-
demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an "Indemnitor" and collectively, "Indemnitors") in connection with the performance of Contractor's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Contractor will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.
Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 5.2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence, active negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence, active negligence or willful misconduct of City, Contractor will be obligated to pay for City's defense until either such time as a final judgment has been entered adjudicating, or agreement between the Parties is reached determining, City as solely negligent, actively negligent or responsible for willful misconduct.
Contractor will not be entitled in the absence of such a determination or agreement to any reimbursement of defense costs including but not limited to attorneys' fees, expert fees and costs of litigation. In instances where City is shown to have been actively negligent and/or engaged in willful misconduct, and where City's active negligence and/or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence and/or willful misconduct of City. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.2 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor. -19-
5.4 Notification of Third-Party Claims.
Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Payment Bonds.
Concurrently with execution of this Agreement, unless otherwise expressly provided in the bid documents, Contractor shall deliver to the City all of the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Compensation Sum. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Compensation Sum.
All bonds shall be on the applicable forms provided in Exhibit C and Exhibit D attached hereto and incorporated herein by this reference. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney.
5.6 Sufficiency of Surety.
Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the bonds may be changed accordingly upon receipt of written notice from the City's Risk Manager. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation solely in regards to bond coverage.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, including but not limited to in -20-
accordance with the requirements of Labor Code section 1776, shall be complete and detailed, and shall be readily accessible. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than four (4) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. In accordance with Government Code section 8546.7 records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment. Contractor shall fully cooperate with the City in providing access to any and all Contractor books and records, and any other applicable documents, if a public records request is made and disclosure is required by
6.2 Reports.
Contractor shall periodically submit written reports to the Project Manager concerning performance of the services, upon request, and/or as necessary for Project Manager to be informed of both performance of services as well as any decisions which must be made by City or Project Manager. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared (regardless of whether complete or incomplete) by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents and materials under express condition that Contractor agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. (b) No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor immediately gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct.
As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.
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7.2 m Default of Contractor.
(a)k It is City's right to suspend or terminate this Agreement upon the occurrence of any of the following events by default of Contractor: (1) Contractor refuses or fails to perform the work required under this Agreement with diligence to ensure timely completion of the Project pursuant to Section 3.1; (2) Contractor fails to comply with the provisions of this Agreement; (3) Contractor violates any ordinance, regulation, state or federal law which applies to its performance under this Agreement; (4) Contractor files bankruptcy or otherwise becomes insolvent; (5) Contractor makes a general assignment for the benefit of creditors; (6) a trustee or receiver is appointed for the Contractor or his property; (7) Contractor repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; (8) Contractor has abandoned the work or the Project, and/or; (9) Contractor disregards proper directives of the architect, inspector, or Project Manager under the Contract Documents. It will be at City's sole discretion to allow Contractor to remedy each cause for the termination without waiving City's right to terminate this Contract or restricting any other right or remedy under this Contract or law. (b) In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. (c) Contractor shall be liable for damages sustained by City from the termination of the Agreement under this Section 7.2, including, but not limited to, all cost necessary for repair and completion of the work. City shall have the right to withhold monies otherwise payable to Contractor until the Project is complete. If City incurs additional costs, expenses, or other damages due to the failure of Contractor to perform the work pursuant to this Agreement, said expenditures shall be deducted from the amounts withheld (and if such deduction does not fully compensate City for said expenditures, then Contractor remains fully liable for the remaining balance owed to City). Should there be a balance of monies held after all expenses have been paid, the balance will be paid to Contractor upon completion of the Project.
7.3 Suspension or Termination.
The City may at any time, for any reason (including but not limited to for City's convenience, environmental considerations, or when it is in the best interests of the City), with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) calendar days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. Upon termination, Contractor shall be entitled to -23-
compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion. Upon receipt of a termination notice, Contractor shall immediately discontinue the work and placement of orders for materials, facilities and supplies in connection with the performance of this Agreement, unless otherwise directed in the notice. Contractor shall promptly deliver to City all completed work, including plans, as-builts, forms, reports, and products. Any dispute regarding the amount owed to Contractor shall not diminish the right of City to receive and use such documents or materials. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of termination of this Agreement.
7.4 Dispute Resolution Process.
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the Parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seg. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, "claim" means a separate demand by the Contractor, after the City has denied Contractor's timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
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Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim's cost, if any.
(vi) Analysis of the claim's time/schedule impact, if any. (C) City's Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement.
If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (il) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City's response or within 15 calendar days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
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(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after the City issues its written statement.
Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
(i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
City's Responses. The City's failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government -26-
Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(h) Civil Actions for Claims of $375.000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15- day period, either Party may petition the court to appoint the mediator.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other Party arising out of the trial de novo.
7.5 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of -27-
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non- compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
7.6 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.7 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.
7.8 Legal Action. In addition to any other rights or remedies, and as consistent with this Agreement and applicable law, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests -28-
of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
Contractor shall require the foregoing covenants to be placed in agreements with all subcontractors.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 Notices.
Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the name and title of the Project Manager, at City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Contractor, to the -29-
person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.3 Contractors State License Board Notice.
Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation.
A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by the Contractor and by the City, and consistent with the Laguna Niguel Municipal Code. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. -30-
9.8 No Undue Influence.
Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies for default in Section 7.2 and any and all remedies at law or equity.
9.9 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
9.10 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (li) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (1il) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGEI
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith, City Attorney
CONSULTANT:
WGJ Enterprises Inc. dba PCI, a California
Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Documento it this erice liege, and of ate verifies, he iday or of they dial cio signed the
STATE OF CALIFORNIA
COUNTY OF ORANGE
→ personally appeared
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknervices to me to the inster execute pereis, or the emily upon behalf of which the persond that ed. 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.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNERS) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
documen to line this ericate lined, and not ae verine, the iday or of thindividualecho signed the
STATE OF CALIFORNIA
COUNTY OF ORANGE
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.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNERS) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT A
CONTRACTOR'S BID
SEE ATTACHED
CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission and shall be completed:
Proposal Form
Bid Sheets
Bid Bond
Non-collusion Declaration Form
Public Works Contractor DIR Registration Certification
Workers' Compensation Certification
Designated Subcontractors List
Bid Guarantee Form (if not submitting a Bid Bond)
List of prior project references
Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.
End of Checklist for Bidders
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
BID PROPOSAL
SUBMIT THROUGH PLANETBIDS
PROJECT: Green Conflict Zone Striping Project
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Firm Name: WGJ Enterprises Inc., ac
Authorized Representative: leel
Title: President/Owner
Email Address: [email protected]
Address: 975 W 1st street
City, State, and Zip Code: Azusa, CA, 91702
Telephone: 562-218-0504
Contractor License(s): 415490
Department Industrial Relation No.: 1000813536
The undersigned, as Bidder, declares that:
(1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and
(3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished.
Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Laguna Niguel to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
Attention: This form contains information relating
o employee health and must be used in a manner.
OSHA's Form 300 (Rev. 01/2004) that protects the confidentialty of employees to the Year 2019 extent possible while the information is being used
far occupational safety and health purposes. U.S. Department of Labor Log of Work-Related Injuries and Illnesses Occupational Safety and Health Administration You must record infocration abouf overy work. led injury or iness that involves loss of consciousne ny, restricted work activity or job tarafer, days away from work, or medical treatment Form approved OMB.no. 1218-017G beyond Inst aid. You must also record significant work-related injuries and inesses that are lagnosed by a physician or consed health care professinn, You must also recond work related injuries and inesses that meet any of the specito reconting criteria sted in 29 CFR 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You most compicte an. Establishment name PCI injury and itness Incident repoit (OSHA Fom 301) or equivalent form for each injury or ilness recorded on this for. If you're not sure whether a case is recordable, ball your local OSHA. office for help. City State CA
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Be sure to transfer these totals to the Summary page (Form 30DA) before you post it. Infury Condition:
Skin Disorder Respiretory: Polsoning. Hearing Lose All other Inessee Futile reporting burden for this collection offnformation is estimated lo average: 14 minutes per response, including time to review the instruction, search and gater the data needed, and complete and zeblew the collection of information.
Persons aner not required to respond lo the collection of infomation unless it deplysa cumently vald OMB control number. If you have any comments about theso estimates or any aspects of this data collection, contact US Departnient of Labor, OSHA Ofice of Statics, Roüm N-3644,209 Cortstrutin Ave, NO, Washington, DC 20210: Do Page 1 of1 not send the completed foms to this office.
OSHA's Form 300A (Rev. 01/2004) Year 2019
Summary of Work-Related Injuries and Illnesses U.S. Department of Labor èupational Safety arid Health Administration
Form approved MR No. 1218-0178.
All establishments covored by Part 1904 must complete mis Summary page, eyen it no injuries or finossus occurrod during the year. Remember to reviow the Log to vority that the entries are complete Using the Log. count the individual entries you made for each category. Then wte the totals below. Establishment information making sure you've odded the entries from every page of the log, it you had no cases snite o.
Employees former employees, and their representatives have the rigfit to review the OSHA Form 300 in Your establishment name, PCI its entirely. They asso have limited access to the OSHA Form 301 or its equivaient. See 29 CFR 1904,35; in OSHA's Recordkoping rule, for fuither details on the access provisions for these forms. Street 975 West ist Street City Azusa State & Zip - 91702
Industry description (eg, Manufaclure of mofor truck trailers) Total number of Total number of Total number of cases Total number of All Other Specially Trade Contractors deaths cases with days with job transfer or otter recordable away from work restriction Starfart Industiai Classification (SIC), if known (e.g, 5IC, 3715) (H) OR North American Industrial Classification (NAICS), Minown (åg., 336212) 1 d
Employment information
Total number of Total number of days of
days away from job transfer or restriction Annual average number of employees work
Total hours worked by all employees last
year B5.234
raine
Sign here
Total number of... Knowingly falsifying this document may resultin a fine.' (M)
(1) Injury
(2) Skin Disorder I certify that I have éxamined this document and that to the Best of my knowledge the eldes are true, accurate, and 3) Respiratory complete,
Condition
Willam Jacob president
Company execulive
562-218-0504 202702020
Post this Summary page from February t to April 30, of the year following the year covered by the form Phone Puble reportha burden for this colletion of inferation is estimated to average 58 minutes per response, facluding marto review the instruction, search, and gather the data peeded, and sompleto and review the collection clinformalion. Persons are not required torespond to thercafeaton of information unless ir deploys a currenty vald ONB control number. It you hav any comments about these estiniales or ariyapect of his data collecton, contact US Desirent of Labor, OSHA Ofice ef Stilies. Room N.5844, 270 Cousinion Ase, NW. Washieston: DC 20210. Do not send ther condieled Tons to this ofoe.
Attention: This form contains information relating
o omployee health and must be used in a manner
OSHA's Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2020 extent possible while the information is being used
Log of Work-Related Injuries and Ilinesses or occupabonal safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration
You must record lomation siout every worl-related loury or lines that involvos ices of cohe ciousnoss, restricted wark activity or job transfer, days away from work, or mesical treatment Form approved OMB no. 1218-0176 beyond fret ald. You must also record significant work-related injuries and illnesses that are diagnosed by a physican or ficensed health care professional. You must also record work-related Injuries and illnesses that meet any of the specifc recording criteria listed In 29 FR 1904.6 through 1904.12 Feel free to use two lines for a single case if you need to. You must complete an Establishment name PCI injury and illness indent report (OSHA Form 301) or equivalent for for each Injury or illness recorded on this form. If you're not sure whather a case is recordable, call your iccel OSHA office Sor help. City State
Azusa
Enter the number of
(A) (E) CHECK ONLY ONE box for each case based on days the injured or ill Chack the "njury" column or choose one type of Case Employee's Name Job Title (e.g., Date of Where the event occurred (e.g. Descrice injury or liness, parts of body affected, the most serious outcome for that case: worker was: illness:
Welder) injury or Loading dock north end) and object/substance that direclly injured or made (M)
onsot of erson ill (e.g. Second degree bums on right
foream from acetylene torch) On iob
iliness Away transfer or
(mo/day) From restriction All other Winess
Work (days) * Skin Disorder Respiratory Condition Hearing Loss Job transfer Other record- Polsoning
or restriction ablo casos (days)
(G) (H) G
Laborer 2/18 Company Yard Getling offlout of a forklift, lower back Page totals
Be sure to transfer these totals to the Summary page (Form 300A) before you post It. Injury Skin Disorder Respiratory Condition Polsoning Hearing Loss All other illnesses Public raporing burden for this collection of information is estimated to averago 14 minutes per response, including time o review the instruction, search and gother the daba needed, and complete and review the collection of Information.
Persons are not required to respond to the collection of information unless it displays a cumenty valid OMB control number, If you have any comments about these estimates or any aspects of this data collection, contait: US Department of Labor, OSHA Offico of Statistics, Roam N.3044, 200 Constiluton Ave, NW, Washington, DC 20210. Do Page 1 of 1 not send the completed forms to this office.
OSHA's Form 300A (Rev. 01/2004) Year 2020
U.S. Department of Labor
Summary of Work-Related Injuries and Illnesses toral Safety and Health Administration Form approved 012150176
Al establistments cosared by Part 1904 must complete this Summary page, even if no injurios or inesses occurred during the year. Remember to review the Log to verily thet the entries are complete Using the Log, count the individual entries you made for each cafegory. Then wrie the totals bolaw, Establishment information making sure you ve added the ontries from every page of the log. 'you had no cases write "0.- Employees former amployees, and their representatives have the right to review the OSHA Form 300 in Your establishment nare PCI its entiroty. They also have limited access to the OSHA Fam 301 or is nuivalent Sea 29 CFR 1904.35, in OSHA'S Recordkeeping rule, for further details ort the bccess provisions for these forms. Street. 975W. tat St City Azusa Siate 91702
Industry description (e.g., Manufacture of intor luck trailers) Total number of Total number of Total number of cases Total number of Pavement Markings and Striping deaths cases with days with job transfer or other recordáblé away from wark restriction cases Standard Indostrial Classificalion (STO), İfknown (e.g., SIC 3710) (J) OR North American Industrial Classificatior (NAISS), If known (ea. 336212) 23I3. 10
Employment information
Total number of Total number of days of.
job transfer or restriction Annual average nuipber of emaloyees _ 50. days away from
Tolal hours worked by all employees lact
year 60.100
KJ
Injury and it Sign here
Total number of... Kriowingly faislfying this document may result in a fing. (M)
(1) Injury (4) Poisoning
(2) Skin Disorder (5) Hearing Loss lo
I curtay that i have examined this document and that to the best of my knowledgie the entries are true, ateurale, and (3) Respiratory
Condition 6) All Other Illnesses
lenseth Presiend
Company executive
(562) 218-0504
Pione
Post this Summary page from February 1 to April 30 of the year following the year covered by the form Puble ripong turden for this collecton of information is estimaled 12 mustage 58 minutes portesponse, indleding me to revle the 'instructon, search and nather the data needed, and complete and revier the collection of information. Persons are not required to respond to the polecion of information unless it splays a currenity ville OMB conto number. If you havl any cortmenis aboat these estmates or any aspodia this diste collection, contact US Doportment of Labor OSHA Oxice of Surtsics. Room N-3644. 200 Constution Ade: N. Washinaton, DC 20210. Do nol soilt the comoleted forms to this offke.
Attontion: This form contains information relating
to employee health and must be used in a manner
OSHA's Form 300 (Rev, 01/2004) that protects the confidentiality of employes to the Year 2021 extent possible while the information is being used
or occupational safety and health purposes. U.S. Department of Labor Log of Work-Related Injuries and Illnesses Occupational Safety and Healt Administration You must record information about every work-refated Injury or iness that involves loss of consciousness, restricted work actvity or job transfer, days away from work, or medical treatient Form approved OMB no. 1218-0176 beyond frst ald. You must also record significant work-related Injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work-related Injuries and illnesses that meet any of the specific recording criterla listed in 29 CFR 1904.8 through 1004.12. Feel free to use two lines for a single case If you need to. You must complete an Establishment name PCI injury and illness incident report (OSHA Fom 301) er equlvalent for for each injury or illneas recorded on this for. If youre not sure whether a case is recordable, call your focal OSHA office or help. State
City Azusa
Enter the number of
(B) F) CHECK ONLY ONE box for each case basad on days the injured or ill Check the injury" column ar choose one type of Employee's Name Date of Where the event occurred (e.g. Describe injury or Illness, parts of body affected, he most serious outcome for that case: worker was: illness:
Case Job Title (e.g.,
No. Welder) injury or Loading dack north end) and object/substance that directly injured or made onset of person ill (e.g. Second degree burns on right (M) illness forearm from acetylone torch) On job
Away transfer or
(mo/day) From All other illnesse
restriction Skin Disorder
Work (days) Respiratory Condition © Hearing Loss
Job transfer - Other record-
able cases (days) Injury & Poleoning
or restriction
(H) S (K)
Page totals
Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Injury Skin Disorder Respiratory Condition Polsoning Hearing Loss All other illnesses Public repering burden for this collection of information Is estimated to averago 14 minutes per tesponse, including time o revieur the instruction, search and gather the data needed, and complete and review the collation of infomation.
Persons are not required to respond to the collecson of information unless It displays a cumently vald OMB contrel . mumber. If you have any comments about these estimates or any aspects of this data collection, contact US Depariment of Labor, OSHA Oice of Statistics, Room N-3644, 2D0 Conellulion Ave, NW, Washington, DC 20210. Do
not send the completed forms to this office.
OSHA's Form 300A (Rev. 01/2004) Year _ 2021
U.S. Department of Labor
Summary of Work-Related Injuries and Illnesses Occupabonal Safety and Heath Administration All establishments covered hy Part 1904 misi compiele this Summary page, even it na injuries or inesses occurred during the year. Ramember to review the Log to verily that the antries are complete Establishment information
might you to the ent enter over page die or if you had no case rid balo,, Employees former employees, and their rophosentolives have the right to reviow the OSHA Form 300 in Your establishment name PCI is entiroty. They aiso have limled occoss to the OSHA Form 301 orilé equivalent: See 29 CFR 1904.35, in OSHA's Recordeeping nulo, for further dotalla on the accuss provisions for these forms. Street 975 W. 1st St City Azusa
Industry description (e.g., Manufacture of motor trick frailers)! Total number of Total number of Total number of cases Total number of Pavement Markings and Strioing deaths cases with days with job transter or ather recordable Standard Industrial Classification (SIC), if knawn (e.g., SIC 3715) away from work restriction cases
OR Nih American Hitial laint RACE kim Cola. 500212)
23I210
Empioyment information
Total number of Total number of days of
job transfer or restriction Annual average number of erriployees days away from
work Total hours worked by all employees last
усаг 98,710
(5)
injury and liness Sign here
Knowingly falsitying this document may result in a fme:
Total number of...
(M)
(1) Injury (4) Poisoning
(2) Skin Disorder (5) Hearing Loss I certiy that I have exan ed this document and thal to the besl of my knowledge the entries ate true, accurate, and (3) Respiratory
Condition (6) All Other illnesses
Presidont
(562) 218-0504 183/2072
Phone Date
Post this Summary page from February 1 to April 30 of the year following the year covered by the farm Public reporting bunden for his coltection of informasion is esimated to averge 58 ininufes per response, Including date to review the instructon, search and gather thie data needed, and complete and review the collection of information. Persons are not repufred to respond to the collection & infirmation inliss it says a currently valid OMB cootel number. If you haya any comme ms oboet these estates or any aspects of this data collection, contact: US Departmenta Labor. OSHA Ofice of Staticies, Hoom N-3614. Z00 Consotuson Ave. NW. Wastinaton: DC 20210. Do not sand tze comeleted torms lo thes office.
Attention: This form contains information relating
to employee health and must be used in a manner
OSHA's Form 300 (Rev. 01/2004) that prolecis the confidentiality of employees to the Year 2022 axtent possible whlte the Information is being used
Log of Work-Related Injuries and Illnesses for occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration
You must record information about every work-related injury or iness that invalves loss of consciousness, restricted work activily, or job transfer, days away from work, or medical treatment Form approved OMB o. 1218-0176 beyond first aid. You must also record signiticant work-related injuries and illnesses that are dlagnosed by a physician or Icensed health care professional. You must also record work-related Injuries and inesses thai moot any of the spocife recording criteria listed in 29 FR 1904,8 through 1904.12. Feel tree to use two lines for a single case if you need lo. You must complete an Establishment name PCI injury and illness Incident report (OSHA Fom 301) or equivalent form for each injury or illness recorded on this form. If you're not sure whether a case is recordatic, call your local OSHA office for help.
City Azusa State CA
Enter the number of
CHECK ONLY ONE box for each case based on laye the injured or Ill Check the "injury" column or choose one type of Case Employco's Namo Job Tille (e.g., Date of Whore the event occurred (e.g. Describo injury or iness, parts of body affected, the most serious outcome for that case: vorker was:
No. Welder) injury or Loading dock north end) and object/substance that directly Injured or made onset of person Ill (e.g. Second degree bums on right (M) liness forearm from acetylene torch) On job
Rems Away transfer or
(mo/day) / From
restriction Hearing Loss All other line:
Job transfor Other record- Work (days) E Skin Disorder Respiratory or restriction able cases (days) e Injury • Condition & Poisoning (H)
Page totals
Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Injury Skin Disorder Respiralory Condition Poisoning Hearing Loss Public reporting burden for this collection of Informalion is estimated to average 14 minutes per response, including time All other illnesses to review the instruction, search and gather the data needed, and complete and rebiew the callection of information.
Persons are not required to respond to the collecton of Information unless It displays a currently valld CMB control number. liyou have any comments about these estimales or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N-3644, 200 Constuton Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Page 1 of 1 OSHA's Form 300A (Rev. 01/2004) Year 2022
U.S. Department of Labor
Summary of Work-Related Injuries and Ilinesses Docupational Safaty and Health Administraton All establishments covered by Part 1904 must complete this Summery page, even if mo injuries or nesses occurred during the year. Remember to review the Log to vorify that the entries are complete Using the Log, count the individual entries you made for dacht calagory. Then write the totals below, Establishment information making sure youve added the entries from every page of the log. IF you had no cases write 0.:
Employees former employees, and their representetives have the right to review the OSHA Form 300 in Your establishment name its entirety. Thay also ham limited access to the OSHA Form 301 or is equivlent See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for furthur details on the accens provisions for these forms. Street: 975W. 1st SL City 8 91702
Industry description (e.g, Manufacture of molor truck trailers) Total number of Total number of Total number of cases Total number of Pavement Markings and Striping deaths cases with days with job transfer or other recordable away from work restriction cases Standard industrial Classification (SKC), i known (c.g. SIC 3716) OR: North American Industrial Classification (NAICS), if known le.g,, 336212) 2 3 131_2
enof Days Employment information
Total number of Tofal humber of days of
days away from job transfer or restriction- Annual average number of employees wnrk Total hours worked by all employees last
82,939
Sign here
Total number of... Knowingly falsifying this document may result in a fine. (M).
(1) Injury (4) Poisoning
(2) Skin Disorder (5) Hearing Loss I certify that have examined this document and that to the best of my knowledge the entries are true, accurate, and 3) Respiratory
Condition (6) All Other finesses 0
President
Company executiva
(562) 218-0504
Phone Date
Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this collection of intormason is estimated to average 58 minutes perresponse, insuding time to cow the Instructon, seath and gather the data needed, and congleto and review the oslection of informaton. Persons ate not required to respand to the collection ofinformation unless it displays a currently said OMB donhot domber. I you have any cortments about these estimates of any aspacis of this data dotecion, cohlact: US Department of Late, 05H4 Ottee of Statitos, RooniN:3544:200 Constition Ave, NW. Washitton. DC 20210. Do not tont this corcleted fome to this ofico.
Altontion: This form contains information relating
to employee health and must be used in a manner
OSHA's Form 300 (Rev. 01/2004) that protects the confidentiality of employees to the Year 2023 extent possible while the information is baing used
Log of Work-Related Injuries and Illnesses or occupational safety and health purposes. U.S. Department of Labor Occupational Safety and Health Administration
SASHODEE
You must record information about every work-related injury or iness that involves loss of consciousness, restricted work acivily or job transfer, days away from work, or medical treatment. Form approved OMB no. 1218-0176 beyond first aid. You must also record significant work-related injuries and nesses that are diagnosed by a physicien or ficensed health care professional. You must also rooord work-related Infuries and inesses that meet any cf the specific recording criteria listed in 29 FR 1904.8 thraugh 1904.12. Feel free to use to lines for a single case If you need to. You must complete an Establishment name PCI injury end illness incident repor: (OSHA For 301) or equivalent form for each injury or iness recorded on this form. Ii youre not sure whether a casa is recordable, call your local OSHA office or help. City Azusa State
identify the jer
Enter the number of
(F) CHECK ONLY ONE box for each case based on days the injured or ill Check the "injury" column or choose one type of Case Employee's Name Job Title (eg. Date of Where the event occurred (eg. Describe injury or liness, parts of body affected, the most serious autcome for that case: worker was: liness:
Welder) injury or Loading dock north end and oblectsubstance that direcily injured or made No. (M)
anset of orson ill (e.g. Second degree bums on right
forear from acetvlene torch) On job
illness Away
transfer or
(mo./day) From restriction All other illness
Job transfer Other record- Work (days) ® Skin Disorder Respiratory @ Hearing Loss (days) Injury Condition 3 Poisoning
or restriction able cases
(J)
Page totals
Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Injury Condition Skin Disorder Respiratory Poisoning Hearing Loss All other Illnesses Public reporting burden for this collection of information is estimated to average 14 minutes por response, including ame to review the instruction, search and gather the data needed, and complete and revier the collection of informason.
Persons are not required to respond ta the collection of information unless it displays a curtantly vald OMB control number. If you have any comments about these estimales or any aspects of this dela collecãon, contact: US Department of Labor, OSHA Olice of Statistics, Rom N-3644, 200 Consfitution /ve, NW, Washingion, DC 202t0. Do 1 of1 not send the completed forms to this offce.
OSHA's Form 300A (Rev: 01/2004) Year 2023
U.S. Department of Labor
Summary of Work-Related Injuries and Illnesses Occupational Safely and Heali Administration Form 2 poroved OMB nd: 1218-0178
All establishments covered by Part 1904 must complete this Summary page, even if no injuties or inesses occured during the year. Remember to review Une Log to verily thet the entries are compfete Using the Lon, count the individual entries you made for each calegory. Then write the totels below, Establishment information making sure you vo added the entries from every page of the log. If you had no eases write 0.- Employnes formor employeos, and their reprosontatives have the right to reviow the, OSHA. Form 300 in Your establishment name PCl ts entirety. They aiso have limited occess to the OSHA Form 301 or its equivalent: See 29 GFR 1904.35. in OSHA's Recardkeeping rule, for further detals on the accoss provisions far these forms Steet 975W. 1st St City Azusa State Zip 91702
Industry description (exg.; Manufocture of motor trück trailers); Pavement Markings and Striping
Standard Industrial Classification (SIC), I known (e.gw SIC 3715) OR North Americari Industral Classificatión (HAICS), if known (e.g., 336212) (H)
2319.10
Emplayment information
Number of Days:
Total number of Total number of days of
job transfer or restrichon Annual average number of employees days away from
Total hours worked by all employees last
108.271
Injury and liness Type Sign here
Knowingly falstlying this document thay result in a fine.
Total number of...
I certify that I have examined this dacument and that to the best of my know on the entries are true, accurale, and hell President
Company exocutive
(562) 218-0504
Phone
Post this Summary page from February 1 to April 30 of the year following the year covered by the form Pubie, reporting bumen for this coliction of leformation is estated to see age 58 minaliss per response, insluding sine lo avice the intrusion, search and gather the data needed, and completo and revien the collector alintaation. Persons are not requised to respond to the collection of information unless i- displays a curenty vald OMB acotol numbor. It you have any ornerts about thesa estimales or any aspects of fic data antedion, contact: US Depariment of Lobor, OSHA Offce cl Stussfes, Room N3614, 200 Coosintlas Ale. N. Washineton. DC-20210, Do not send the comoleted forms to this office.
Bidder acknowledges receipt of all addenda by each addendum number and its initials, as follows:
Addendum No. NIA Initials:
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached. , Accompanying this Bid is cash, a cashier's check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within five (5) calendar Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.
The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work.
The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 415490 _ Class C-32, which expires on 7/31/2025
Bidder
Signature: /, - Date
8/6/2024
Title:
President/Owner
Signature: Date
8/6/2024
Title:
Chief Financial Officer
[Signatures of contractor must be notarized. Need two signatures if contractor is a corporation. Attach acknowledgement.]
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
888808838888888889888888888893888888988888888888388888898883388886888888388883989 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 Lus Anni1h
on Angust n, row Araceli Floren, Notary Public
before me,
Date tere Insert Name and Title of the Office
villiam h Jalob anl
personally appeared
who proved to me on the basis of satisfactory evidence to be the personts) 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
ARACELI FLORES laws of the State of California that the foregoing Notary Pubtic - California
Los Angeles County paragraph is true and correct.
Commission = 23350B7
My Comm. Expires Oc: 9. 2024
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signature
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: Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: _ Signer is Representing:
88088838888888888848
©2019 National Notary Association
BID SHEETS
Bidder Name: WGJ Enterprises Inc., dba PCI
PROJECT: Green Conflict Zone Striping Project, CC 23-16 In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer.
BASE AMOUNT:
ITEM ESTIMATED UNIT PRICES EXTENDED
NO. DESCRIPTION UNIT QUANTITY AMOUNT
Mobilization LS 1 $15,000.00
2 Traffic Control LS 1 $5,000.00
Paint Street Marking / Striping
per Detail 39 in Caltrans LF 1886 51.10 $2,074.60
Standard Plans A20A through
A20G.
Paint Street Marking / Striping
per Detail 37B in Caltrans 365
4 LF $730.00
Standard Plans A20A through $2.00
A20G.
Install Thermoplastic Type IV
Pavement Markings in $1,350.00
5 EA $150.00
Caltrans Standard Plans A24A
through A24G
6 Install Roadside Sign & Post EA 13 $ 350.00 84,550.00 Install Roadside Sign Panel on 7
EA ฿200.00 б 1,400.00
Existing Post
Install Preformed Green
8 Thermoplastic Sharrow EA 12 $1,035-00812,420.0
Pavement Markings
Install Preformed Green
9 Thermoplastic Bike Lane with EA 44 51487.00965,428.00 Arrow
Install Preformed Green 4373 532.45 5141,903.85
10 LF
Thermoplastic Conflict Zone
Remove Existing Pavement LS 1
Striping, Markings, and RPMs 14,000.00
12 Remove Existing Sign Panel EA 4 $ 50.00 $200.00
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
Note: Items may be adjusted or deleted. Therefore, regardless of the total final quantities required for the completed work compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.
Pursuant to Public Contract Code Section 20103.8, the selection process selected does not preclude the City from using any of the additive alternates from the Contract after the lowest responsible bidder submitting a responsive bid has been determined.
Total Bid Price
Two hundred fifty-four thousand, Written amount
cents
fifty-Six dollars and forty-five $ 254,056.45
Numerical amount
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
Bidder
signature: leel Date
8/6/2024
Title: President/owner
8/6/2024
Signature: Date
Title:Chief fanancial Officer
[Signatures of contractor must be notarized. Need two signatures if contractor is a corporation. Attach acknowledgement.]
End of Bid Proposal Form
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
889888833888888888888888898888888888983888888888888888888888888884898888838888883 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 Angels
on ngust И, гоги before me. araci Floren, Notary Public Date Tere Insert Name and Title of the Office
William h. Jacob and
personally appeared
Name(s) of SignerS)
Arthur T. Movsuchyn
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
ARACELI FLORES
Notary Public • California paragraph is true and correct.
Los Angeles County
Commission = 2515087
My Comm. Excites De: 9. 202- WITNESS my hand and official seal.
Crati Cal
Signature
Place Notary Seal and/or Stamp Above Signature of/Notary Public
OPTIONAL
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - D Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
Bond No. N/A
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Laguna Niguel ('City"), has issued an invitation for Bids for the Work described as follows: Green Conflict Zone Striping Project, CC 23-16 WHEREAS the Contractor "Principal" WGJ Enterprises, Inc. dba: PCI desires to submit a Bid to City for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder's security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and Surety, The Ohio Casualty Insurance Company "Surety"
a duly admitted surety insurer under the laws of the State of California:
as Surety, are held and firmly bound unto the City in the penal sum of Ten Percent of the Total Amount Bid Dollars
($_10% _), being not less than ten percent (10%) of the total Bid price, in 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, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant to authority of its governing body.
City of Laguna Niguel
Green Conflict Zone Striping Project. CC 23-16
REQUIRED: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached DATE: August 19, 2024
PRINCIPAL'S SIGNATURE
Contractor-Principal Name: WGJ Enterprises, Inc. dba: PCI By:
=
Signature (above)
Type or Print Name: Will:am G. Jacob
Title: Prosizent/ owner
Note: Attach the Notary Public Acknowledgement of Principal's Signature
SURETY'S SIGNATURE
Surety's Name: The Ohio Casualty Insurance Company
By:
Signature of Attorney-in-Fact for Surety (above)
Jan Rivera
Type or Print Name of Attorney-in-Fact:
Note: Attach (i) Attorney-In-Fact Certification; (il) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In-Fact's Signature
CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name: Melissa DeKoven c/o Corporation Service Company Mailing Address: 2710 Gateway Oaks Drive. Suite 150N
City, State, Zip Code: Sacramento CA 95833-3505
Email Address: [email protected]
Telephone No.: (714) 450-1245
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
on 08 19-2024 before me, - Lisa Marie Saumur, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jan Rivera
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.
LISA MARIE SAUMUR
Notary Public - California NNA WITNESS my fanet and official seal.
Orange County
Commission # 2487918
My Comm. Expires May 3, 2028 Signatures h
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
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Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited LJ General • Individual • Attorney in Fact 7 Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate No 8207986-969520 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusets and West American Insurance Company is a corporation duly organızed under the laws of the State of Indiana (herein collectively called the Companies"). pursuant to and by authority herern set forth, does hereby name constitute and appoint, Jan Rivera: Lisa Saumur: Lourdes Landa: Mark W: Rosskopt: Terri Amshun ail of the city of. Irvine state of CA each individually if there be more than one named, ils true and lawful attorney-in-fact to make execute, seal acknowledge and deliver. for and on its behalf as surely and as its act and deed. any and all undertakings. bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authonzed officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this day of May 2023
Liberty Mutual Insurance Company
INSURANCE The Ohio Casualty Insurance Company
TUAL CORPORATE CASUALTY CORPORAT West American Insurance Company 1912 1919 1991
SERACHUSS AT NAMPBA ANTINOD
INDIASE
LSEN By: inquiries.
David M. Carev. Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY SS
before me personally appeared David M Carey. who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance verification [email protected] Or this 41h day of May 2023
Company. The Ohio Casualty Company, and West American Insurance Company, and that he as such being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania on the day and year first above wrilten (POA Commonwealth of Pennsylvania • Nolar Seal
currency rate, interest rate or residual value guarantees Teresa Pastella Notary Public Mongomer, County Pastella Attorner
My commission expires March 28 2025 By:
Not valid for mortgage, note, loan, letter of credit, Commission number 1:26014 Teresa Pastella. Notary Public
Member Pennsylvan a Associaton of Natales
This Power of Attorney is made and executed pursuant to and by authonty of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutua Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows please call 610-832-8240 or email ARTICLE IV - OFFICERS: Section 12 Power of Attorney
Any officer or other official of the Corporation authorized for that purpose in wring by the Chairman or the President, and subject to such limitation as the Chairman or the -or hend andlor Power of President may prescribe. shall appoint such attorneys-in-iact, as may be necessary to act in behalf of the Corporation to make, execute. seal. acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety obligations Such altomeys-in-fact subject to the limitations set forth in their respective powers of attorney. shall have full power lo bind the Corporalion by their signature and execution of any such instruments and to attach thereto the sea of the Corporation When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary: Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked al any time by the Board, the Chairman, the President or by the officer or officers grantng such power or authority ARTICLE XIII - Execution of Contracts: Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the charman or the president may prescribe. shall appoint such attorneys-in-fact, as may be necessary lo act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surely obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney. shali have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shali be as binding as if signed by the president and allested by the secretary
Certificate of Designation - The Presiden: of the Company. acting pursuant to the Bylaws of Ihe Company, authorizes David M. Carey. Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations
Authorization - Bv unanimous consent of the Company's Board of Directors. the Company consents thai facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appeanng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and eifect as though manually affixed
1. Renee C Llewellyn, the undersigned Assistant Secretary: The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West Amencan Insurance Company do hereby certify that the orginal power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 19th day of August __2024
INSURANCE INSURANCE
CORPORAT «СОПРОВАН
1912 1919 1991
OHi By:
1/23811 INDIAND Renee C Liewellyn: Assistant Secretary
1S3N
LMS- 12873 LMIC OCIC WAIC Mult Co 02/21
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
888889836888888888388883888888888888888388888888898888838888888888888888888888888 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of Los Angeles
on Лилиц 02. 2024 Gracel Floven, Notary Public
before me,
Date Here Insert Name and Title of the Officer
Villiam 6. Jacob
personally 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
ARACELI FLORES laws of the State of California that the foregoing Notary Public - California
Los Angeles County paragraph is true and correct.
Commission # 2335087
My Comm. Expires Oc: 9. 2024
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2019 National Notary Association
NON-COLLUSION DECLARATION FORM
Public Contract Code Section 7106
The undersigned declares:
I am the President/Owner (Title)
of WGJ Enterprises Inc., dba PC (Company
Name), the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8/13/2024 (date), at Azusa
(city), _(state).
Bidder
Signature: De72024
Title:
President/Owner
Signature: Date
B 8/6/2024
Title:
Chief Financial Officel
This form must be notarized.
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
8888888888888883988888883883888388838383888888 BI8NBN8N8I813NE588N82N80881808480SN9180913038508:50868 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 lus angel1s
on Лилицки, гоги araceli Flures, Notary Public
before me, -
Date tere insert Name and Title of the Office
personally appeared
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
ARACELI FLORES
Notary Public • California laws of the State of California that the foregoing Los Angeles County
Commission = 2135087 paragraph is true and correct.
My Corm. Expires Or: 9. 2024
WITNESS my hand and official seal.
Signature
Signature of Notdry Public
Place Notary Seal and/or Stamp Above
- 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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):. • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing:. Signer is Representing:
©2019 National Notary Association
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder: WGJ Enterprises Inc., dba PCI
DIR Registration Number: 1000813536
DIR Registration Expiration: 6/30/2025
Small Project. Exemption: Yes or _X
Unless Bidder is exempt pursuant to the small project exemption per Labor Code Section 1771.1(n), Bidder further acknowledges:
Bidder shall maintain a current DIR registration for the duration of the project.
Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder. WGJ Enterprises Inc, dba PCI
Signature:
Name and Title: William G, Jacob President/Owner
Dated: 8/13/2024
Section 07285 and 1711, eas onaraces in reapon edu Small roye ne to the small project exemption under Labor Code City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with suck provisions before commencing the performance of the work of this Contract.
Name of Bidder; WGJ Enterprises Inc., dba PCI
Signature:
Name: William G, Jacob
Title: President/Owner
Dated: 8/13/2024
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
DESIGNATED SUBCONTRACTORS LIST
Public Contract Code Section 4104
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
1. As to any Work that Bidder fails to list, Bidder agrees to perform that portion itself or be subjected to penalty under applicable law.
2. If alternate bids are called for and Bidder intends to use Subcontractors different from or in addition to those Subcontractors listed for work under the base Bid, Bidder must list Subcontractors that will perform Work in an amount in excess of one half of one percent (1/2 of 1%) of Bidder's total Bid, including alternates.
3. In case more than one subcontractor is named for the same scope of Work, state the portion that each will perform.
4. Bidder need not list entities that are only vendors or suppliers of materials.
5. Bidder must provide the Contactor State License Board number ("CSLB No.") for all listed subcontractors.
6. Bidder must provide the Department of Industrial Relations registration number ("DIR No.") for all listed subcontractors.
7. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
I certify and declare under penalty of perjury under the laws of the State of California that the below information is complete, true, and correct.
Bidder
8/6/2024
Signature: le Date
Title: President/Oyner
8/6/2024
Signature: Date:
Title: Chief Financial Officer
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
55842.00007141351264.1
DESIGNATED SUBCONTRACTORS LIST (CONTINUED)
Subcontractor Name:
Subcontractor Office, Mill or Shop Address (Street, City, Zip Code):
NONE
Subcontractor Trade or Portion of Work:
Subcontractor Contractor License(s)No/ Department of Industrial Relations Classification(s)/Certificate(s) Registration Number (DIR No.) Sübcontractor Name:
Subcontractor Office, Mill or Shop Address (Street, City, Zip Code):
Subcontractor Trade or Portion of Work:
Subcontractor Contractor Licenses)No/ Department of Industrial Relations Classification(s)/Certificate(s) Registration Number (DIR No.) Subcontractor Name:
Subcontractor Office, Mill or Shop Address (Street, City, Zip Code):
Subcontractor Trade or Portion of Work:
Subcontractor Contractor Licenses)No/ Department of Industrial Relations Classification(s)/Certificate(s) Registration Number (DIR No.) Subcontractor Name:
Subcontractor Office, Mill or Shop Address (Street, City, Zip Code):
Subcontractor Trade or Portion of Work:
Subcontractor Contractor License(s)No/ Department of Industrial Relations Classification(s)/Certificate(s) Registration Number (DIR No.) Attach additional page(s) as required.
The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b).
City of Laguna Niguel
Green Conflict Zone Striping Project, CC 23-16
55842.00007\41351264.1
Striping • Sealcoat
PCI
A Parking & Highway Improvement Contractor
Prime References
1) Owner: City of Palm Desert (10411C)
Address: 73-510 Fred Waring Drive, Palm Desert, CA 92260 Type of Project: Signage, Markings, Striping, and Markers Project Name: Citywide Bike-Golf Cart Lane Improvements Contact Person: Chris Gerry - (760)-346-0611 ....
Email: [email protected]
Contract Amount: $94,773.00
Start Date:4/5/2021
Date Completed: 4/4/2022
2) Owner: City of Vernon (11215C)
Address: 4305 Santa Fe Ave, Vernon CA 90058
Type of Project: Restripe, Relocate ADA Spots, Install Wheel Stops, Paint curd, pavement markings Project Name: City Hall Lot #2 Restripe b
Contact Person: Andrew Egula 323-583-8811
Email: [email protected]
Contract Amount: $6,939.50
Start Date: 10/07/2022
Date Completed: 11/14/2022
3) Owner: Los Angeles World Airport (9421C)
Address: 7411 world way west, los Angeles CA 90045
Type of Project: Paint Markings, Parking lots and Streets Project Name: Paint Markings, Parking lots and Streets LAX & Van Nuys Contact Person: Manuel Franco 424-646-7688
Email: [email protected]
May 8, 2023 CR
PCI Striping • Sealcoat
A Parking & Highway Improvement Contractor
Contract Amount: $149,225
Start Date: 2/28/2019
Date Completed: 3/3/2022
4) Owner: City of Glendora (11152C)
Address: 116 E Foothill Blvd, Glendora, CA 91741
Type of Project: Striping
Project Name: Gladstone St @ Nearglen Ave
Contact Person: Steve Flores 626-852-4803
Email: [email protected]
Contract Amount: $8,796
Start Date: 8/23/2022
Date Completed: 12/30/2022
5) Owner: City of Calabasas (10121C)
Address: 100 Civic Center Way, Calabasas, CA 91302
Type of Project: Striping
Project Name: On Call As Needed Pavement Striping
Contact Person: Alba Lemus 818-224-1677
Email: [email protected]
Contract Amount: $233,212
Start Date: 8/17/2016
Date Completed: 7/31/2021
6) Owner: City of Santa Monica (10161C)
Address: 1685 Main St #113, Santa Monica, CA 90401
Type of Project: Striping, Markings and Signs
Project Name: Ocean Ave Protected Bikeway
May 8, 2023 CR
Striping • Sealcoat
PCI
A Parking & Highway Improvement Contreator
Contact Person: Zach Pollard 310-458-8726
Email: [email protected]
Contract Amount: $212,875.25
Start Date: 9/28/2020
Date Completed: 12/10/2021
• 7) Owner: City of Santa Monica (10215C)
Address: 1315 Valley Drive, Hermosa Beach, CA 90254
Type of Project: Striping AND Pavement Markings
Project Name: Downtown Hermosa Beach Temporary Lane
Contact Person: Andrew Nguyen 310-318-0220
Email: [email protected]
Contract Amount: $74,097.40
Start Date: 11/10/2020
Date Completed: 1/31/2021
8) Owner: City of Azusa (10243C)
Address: 213 Foothill Blvd, Azusa, CA 91702
Type of Project: Striping AND Pavement Markings
Project Name: Street Striping Services
Contact Person: Richard Gardea 626-812-5244
Email: [email protected]
Contract Amount: $24,999
Start Date: 11/9/2020
Date Completed: 9/6/2021
9) Owner: LAUSD Hollywood Elementary School (10247C)
Address: 4545 Huntington Dr South Los Angeles, CA 90032 May 8, 2023 CR
PCI Striping • Sealcost
A Parking & Highway Improvement Contrafar
Type of Project: Striping
Project Name: Seal and Restripe of playground
Contact Person:
Email:
Contract Amount: $13,500
Start Date: 12/2/2020
Date Completed: 10/12/2021
10) Owner: City of Glendora (10305C)
Address: 116 E Foothill Blvd, Glendora, CA 91741
Type of Project: Striping
Project Name: On-call As Needed Striping
Contact Person: Alex Cardona (626)852-4817
Email: [email protected]
Contract Amount: $16,190
Start Date: 12/28/2020
Date Completed: 4/2021
11) Owner: City of Los Alamitos (10313C)
Address: 3191 Katella Ave, Los Alamitos, CA 90720
Type of Project: Striping and Pavement Markings
Project Name: Old Town West Traffic Calming
Contact Person: Chris Kelley 562-321-1204
Email: [email protected]
Contract Amount: $48,806
Start Date: 12/15/2020
Date Completed: 6/1/2021
May 8, 2023 CR
Striping • Sealcoat
PCI
A Parking & Highway Improvement Contractor
12) Owner: City of Glendora (10332C)
Address: 116 E Foothill Blvd, Glendora, CA 91741
Type of Project: Striping AND Pavement Markings
Project Name: Glendora Ave to Foot hill Blvd
Contact Person: Alex Cardona (626)852-4817
Email: [email protected]
Contract Amount: $12,450
Start Date: 12/15/2020
Date Completed: 3/31/2021
13) Owner: City of Bell (10348C)
Address: 6330 Pine Ave, Bell CA 90201
Type of Project: Striping AND Pavement Markings
Project Name: Striping, Pavement Markings, and Curb Rehabilitation Contact Person: Elizabeth Martinez 323-923-2624
Email: [email protected]
Contract Amount: $443,879.50
Start Date: 2/15/2021
Date Completed: 6/23/2021
May 8, 2023 CR
EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Agreement Template)
NOT APPLICABLE
EXHIBIT C
FAITHFUL PERFORMANCE BOND
SEE ATTACHED
Bond No.
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Laguna Niguel, California ("CITY"), awarded to WJ Enterprises Inc. dba PCI, ("Principal") a contract for the work ("Contract") described as Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 ("Project") in the amount of Two Hundred Fifty Four Thousand and Fifty Seven Dollars ($254,057) ("Penal Sum"); and,
WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the undersigned Principal and Surety, (SURETY',
a California admitted surety insurer, are held and firmly bound, by these presents, unto the CITY for one hundred percent (100%) of the total amount payable by the CITY under the terms of the Contract, lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, its heirs, executors, administrators, successors, assigns, and subcontractors, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the Contract which is attached hereto and incorporated herein by reference and any alteration and/or amendments thereof, made as therein provided, including, but not limited to, the provisions regarding Contract duration and liquidated damages, all within the time and in the manner therein designated in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, of and from any and all loss, damage, and expense, including costs and reasonable attorney's fees, from which the CITY, its officers, agents and employees, may sustain by reason of Principal's failure to do so, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract, the above obligation shall hold good for a period of one year after the acceptance of the work by CITY, during which time if Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the CITY from loss or damage made evident during the period of one year from the date of completion of the work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in Penal Sum thereof shall remain in full force and effect. The obligation of SURETY hereunder shall continue so long as any obligation of Principal remains. Nothing herein shall limit the CITY's rights or the Principal or SURETY's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Principal shall be, and is declared by the CITY to be, in default under the Contract, the CITY having performed the CITY's obligations thereunder, the SURETY shall promptly remedy the default pursuant to the Contract Documents, or shall promptly, at the CITY's option:
1. Immediately deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations; or
2. SURETY's takeover of the performance obligations to complete the Contract by entering into an agreement with a completion contractor with terms and conditions consistent with the original contract between CITY and Principal; or
SURETY shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsive and responsible bidder, prepare a contract between such bidder and the CITY (to the CITY's satisfaction), and make available as work progresses sufficient funds to pay the cost of completion less the balance of that contract price, but not exceeding, including other costs and damages for which SURETY may be liable hereunder, the Penal Sum.
The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Principal by the CITY under the Contract and any modifications thereto, less the amount previously properly paid by the CITY to the Principal.
SURETY expressly agrees that the CITY may reject any contractor or subcontractor, which may be proposed by SURETY in fulfillment of its obligations in the event of default by the Principal. SURETY shall not utilize Principal in completing the Contract nor shall Surety accept a bid from Principal for completion of the work if the CITY, when declaring the Principal in default, notifies Surety of the CITY's objection to Principal's further participation in the completion of the work.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the CITY named herein or the successors or assigns of the CITY.
The SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract or Project documents, or of the work to be performed thereunder, shall in any way affect its obligations on this bond; and it does hereby waive notice of any change, amendment, extension of time, alteration or modification of the Contract or Proiect documents or of work to be performed thereunder, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS HEREOF, we have hereto set our hands and seals on this day of , 2024.
NOTE:
1. This Bond must be executed in duplicate and dated.
2. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
3. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
4. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
PRINCIPAL'S SIGNATURE
Principal Name:
By:
Signature (above)
Type or Print Name:
Title:
Note: Attach the Notary Public Acknowledgement of Principal's Signature
SURETY'S SIGNATURE
Surety's Name:
By:
Signature of Attorney-in-Fact for Surety (above)
Type or Print Name of Attorney-in-Fact:
Note: Attach (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (il) Notary Public Acknowledgement of Attorney-
CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name:
Mailing Address:
City, State, Zip Code:
Email Address:
Telephone No.:
EXHIBIT D
LABOR AND MATERIALS PAYMENT BOND
SEE ATTACHED
Bond No.
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS the City of Laguna Niguel, California ("CITY"), awarded to WGJ Enterprises Inc. dba PCI, ("Principal") a contract for the work ("Contract") described as Bicycle Green Zone Pilot Project, Cash Contract No. 23-16 ("Project"); and
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work under the Contract, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code;
NOW, THEREFORE, we, the undersigned Principal and Surety ("SURETY"),
a California admitted surety insurer, are held and firmly bound, by these presents, unto the CITY and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Two Hundred Fifty Four Thousand and Fifty Seven Dollars ($254,057), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to the work or labor performed under the Contract, which is attached hereto and incorporated herein by reference and any alteration and/or amendments thereof, made as therein provided, that the 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 this 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 this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the Principal, any of its subcontractors, or both the Principal and its subcontractors pursuant to Labor Code Section 1741 (and as amended), and upon expiration of the time within which a joint labor management committee may commence an action against the Principal, any of its subcontractors, or both the Principal and its subcontractors pursuant to Labor Code Section 1771.2 (and as amended), if 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.
The SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same, or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, amendment, extension of time, alteration, or modification of the Contract or the specifications accompanying the same, or of the work to be performed thereunder.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and SURETY, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant to authority of its governing body.
The prevailing party on any dispute (whether legal, equitable, or otherwise) regarding the interpretation, enforcement, and respective rights and obligations under this bond shall be entitled to recovery of reasonable attorney's fees and costs (including but not limited to consultant's and/or expert fees and costs)
IN WITNESS HEREOF, we have hereto set our hands and seals on this day of , 2024.
NOTE:
1. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
2. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
. Surety companies executing Bonds must appear on the Treasury Department's most current ist (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
PRINCIPAL'S SIGNATURE
Contractor/Principal Name:
By:
Signature (above)
Type or Print Name:
Title:
Note: Attach the Notary Public Acknowledgement of Principal's Signature
SURETY'S SIGNATURE
Surety's Name:
By:
Signature of Attorney-in-Fact for Surety (above)
Type or Print Name of Attorney-in-Fact:
Signiture on dArne a Cect Ceton and I) Notary Public coedgemen authoring.
In-Fact's Signature
CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name:
Mailing Address:
City, State, Zip Code:
Email Address:
Telephone No.:
EXHIBIT E
INVOICE FORM
SEE ATTACHED
PAYMENT REQUEST FOR CASH CONTRACT No 23-16
Job Name: Bicycle Green Zone Pilot Project Progress Payment No For the Period: To:
Contractor: WGJ Enterprises, Inc. dba PCI
Address: 975 W 1s* Street
Azusa, CA 91702
THIS PYMT ITEM COST
BID UNIT PTY UNIT ITEM COMPLETED REQUESTED
ITEM DESCRIPTION PRICE PRICE IN THIS
QTY INVOICE
Base Bid
LS 1 $15.000.00 $15,000,00
1 Mobilization
LS 1 $5,000,00 $5,000.00
2 Traffic Control
Paint Street Marking / Striping per Detail
39 in Caltrans Standard Plans A20A $1,10 $2,074,60
3 through A20F 1886
Paint Street Marking / Striping per Detail
37B in Caltrans Standard Plans A20A $2.00 $730,00
4 LF 365
$150,00 $1,350.00
5 EA 9
EA 13 $350.00 $4,550,00
6 Install Sign & Post
Install Sign EA 7 $200.00 $1,400,00
Install Preformed Green Thermoplastic $1,035.00 $12,420.00 8 Sharrow EA 12
Install Preformed Green Thermoplastic $1,487.00 $65,428.00 Bike Lane with Arrow (Detail "B" EA 44
nstall Preformed Green Thermoplasti $141,903.85
LE $32.45
10 (Detail "A") 4373
Wet Sandblasting Existing Striping / $4,000.00 $4.000.00 11 Markings LS 1
4 $50,00 $200.00
12 Remove Sign EA
Grand Subtotals
CHANGE ORDERS (C.O.) THIS PAYMENT
C.O.# DESCRIPTION
TOTAL CHANGE ORDER AMOUNT
Total of Work Completed to Date (Including Change Orders)..
Less 5% Retained.
Amount of This Payment
Previous Payment.
CERTIFICATION BY THE CONTRACTOR OR HIS DULY AUTHORIZE REPRESENTATIVE:
(Contractor) (Title) (Date)
CONTRACT PAYMENT CERTIFICATE:
This is to certify that the contractor is entitled to receive payment in the amount shown above as Amount of This Payment.
Quantities Approved......
(Construction Manager) (Date)
Costs Approved ...
(Project Manager) (Date)
Approved For Payment.....
(Public Works Director/City Engineer) (Date)