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HomeMy WebLinkAboutE.A. MENDOZA CONTRACTING, INC. - 1996-10-075 PROOF OF PUBLICATION STATE OF-CALIFORNIA). SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and. complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper,to wit the issue(s) of: July 11, 1996 July 18; - 1996 July 25, 1996 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July —25_,199s, at Costa Mesa, California. 5_�� .I0ro �_�/Signature PUBLIC NOTICE C NOTICE INVITING BIDS CC-1032 Community Development Block Grant Funded Project Notice Is hereby ghre that sealed olds will be r coNed b the City of H Ungton each at the office of the City C19+k at Han, 200 Maln street Huntington Beach, Cat+tor MO. until the hour of 2;00 p.m. on August 15.1996. s which time they win b opened publtdy and read a and !n the Council Cha bets for the Alhambra Av- enue Street Improvement Project from Sliver Lane to Beach Boulevard In the City of Huntington Beach. This project Is federally funded In whole or In part by the Cornmunity Devel- opment Block Grant pro- ggram and an requisites of Title 24 of the Code of Fed- eral Fiegulatlons aPP1y � ,lading vtI 9. Part ;I3 (directing economic op• es looeekrw-atnd very i A set of plans�speclfla- tlons, and other contract documents m17 be ob- n tamed on July 12, t998 at s• i the •Department of Public urn i works. 2000 -Main Street, e Huntington Beach, Canfor- y nls. upon recelpt of a non. refundable fee of $20.00 If pitied uupp and S25.00 non• refumdabl9 tee If malled. t Each bld than be made e on the Proposal Form and In the manner provided In nn- the contract documents. and Shan be accompanied by a cwt tod or cashlere check or a bid bond for not . less than 10% of the amount of the bid, • made payable to the Vy of Hun- f tington Beach The C.o I tractor shall, In the per- formance of the work and Em tovernetrts, conform to the Labor Code of .the State of California :and , other laws of the State of . California applicable ' thereto, with the exception %wlations mat may besrequired under the ' special statutes pursuant to _; wtnlch proceedings hersun- i der are taken and which have not been superseded LMe p abor t erencef 10 labor shall be given only In h the manner -provided .by I Law. _ .. ; No bid shah be eonsid I erect unless it Is made on a . form ftunished by the City of Huntington Beach and Is rnada In accordance with s the provisions of the pro- posalb dCemerents.., . a - Each rimust be li- censed and also prequall• nod as required by law.. . - The City Council of the Ctty of Huntington Beach . reserves tha right to reject any Oran bids. By order of the pry Cole+- cil of the City of Huntington !Beach, Canlomla the 11rat day of Juty 19%, • - Connle Brockway, City clerk - Office .of the City Clark, Clty•of Hurt- tington Beach,. 2000 Main Street, Hun- tington Beach, CA 92648 ' ' Published :Huntington _ Beach-Fountain-Vaney _In- dependent Juty t1. 18, 25, I N& •' t112-94D • r VOMNCTON FE4c" TO: FROM: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC E - A 4n"c;-z 2's DATE: \ 3 may 9 IT IJ The conformed copy of the Notice of Completion for the above contract has been fled. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so, long as no stop notices or outstanding invoices are on file with the City. -p— kDAN r VILLELLA, Director of Finance I certify that no stop notices are on fife on the subject at this time. L &.K-- -'� Date: LES .LONE , P blic Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, City CI r I certify that there are no outstanding invoices on file. Date: / .G �SATYOtNRICH, City Treasurer 0011042.01 07/18/96 10:46 AM I have received Maintenance Bond No. 142476422 Re: Alhambra Avenue Improvement Project, between Silver Lane and Beach Blvd - Cash Contract No. 1032. Dated: By: r%t f1h 1 II I\Irl►II%T/'1II I•h1-w f%I V - V11 i VI- I IVI\ I II�V 1 VI\ i-74.AV1 i (>J/' REQUEST FOR LEGAL SERVICES As To • Gail Hutton, City Attorney oats Date: Request made by: Telephone: Department: t _ 5/13/96 Robert Martinez x-5423 Pul3lic Works INSTRUCTIONS: File request in the City Attorneys Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.' TYPE OF LEGAL SERVICES REQUESTED: 0 .. Ordinance ❑ Opinion ❑ Stop Notice ❑ : Resolution ❑ . Lease ® Bond ❑ Meeting ❑ Contract/Agreement ❑ Deed.. ❑ Court Appearance ❑ Insurance ' ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No - Are exhibits attached? ❑ Yes ® No If not for Council action, Unless otherwise specified herein, t consent to the disclosure of he . If for City Council action, desired completion date: information contained In this RLS - all ers of City Council. :.' Agenda Deadline N/A ' Council Meeting N/A 5M6/97 Signatur o epartment Head COMMENTS: Routing: Please review the attached Maintenance Bond required per cash contract no. 1032 rs PDA - [] Z- JCB -'Cl -� c� :, SL: - 0 -Thank You, Robert c: o '-' W S A I .. 0 raa4r' ADL•{ • mmO A.� :. SF _ 0 JM ❑. r' `. 0. } 0 k 0 ' 97-351 < . �' 0 This Request for Legal Services has been ass_ igned'to attorney - J E Bl�i:ROil 5114l97 extension; :k 5623 His/her secretary is �'f Karen°, extension :8803 Notes: File Name: {r Date Completed: ..'t ••lh vi .. - .. r- f. • 0 Shaded areas for City Attorney's Office use only. , Document2 05/13/97 3:12 PM [`EC-02-19G6 11 3 Cl•&q CNA 714 25S221M P.001,,o 1 CNA INSURANCE COMPANIES BOND # 142476422 hWNTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we E. A. MENDOZA, INC. _ as Principal, and . CONTINENTAL CASUALTY COMPANY , as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the penal sum of ONE EMMRED FOURTEETL THOUSAND ONE H)MS1-..JWENTY_ THREE AND 381100-------------- ------ ` ($ _ 114 t 123 , 38 . --- — ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severalty, firmly by these presents. WHEREAS, the said Principal entered Into a contract with the CITY OF HUNTINGTON BEACH dated for "ALHp,MBRA AVENUE STREET IMPROVEMENTS BETWEEN SILVER LANE Ah'D BEACH BOULEVARD, CASH CONTRACT # 1032" YVHEREAS, said contract provides that the principal will furnish a bond conditioned to guarantee for the period of ONE-- year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on day of APRIL 19 97 7TH NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnity the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of ONE year(s) from and after APPROVAL DATE then this obligation shall be void, otherwise to remain In full force and effect TO FO?:1'.. SIGNED, SEALED AND DATED MARCH 18, 1997 E. A. MENDOZA NC. (LS.) Form G-23: (L.S.1 TOTAL P.001 STATE OF CALIFORNIA COUNTY OF ORANGE SS. On MARCH 18, 1997 , before me, M. TREDINna, NOTARY rUBLIC PERSONALLY APPEARED MIS' A. QUIG1'Y personally known to me (or proved to me on the basis of satisfactory evt ence o e the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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 instrmument. WTTNESS my hand and official seal. A �, , j ref, Signature _ L_ , ! . I f. �i 1 4 OPTIONAL M. TREDINNICK COMM. #1053088 2 • -•• WTARY PUauC - CuLFoRcu 0PAN4e COUNTY fh► t�.•� oav�n+ we si.1"s This area for Official Notarial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) MUM El LIMITED 01 GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOMS) OR ENTTTY(!ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M-Mz Rev.6Ja4 A'i.r _PUTMOSE ACKNOWLEDGEMENT Continental Casualty Company CAM Tier All 11w Comm it a"1 l,w Make' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the taws of the State of Illinois. and having its priocipal office in the City of Chicago. and State of Illinois. does hereby make. constitute and appoint -- Michael_A. O091e_v. Individually of Riverside, California Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seat and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as If such Instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3- Appointment of Attorney-indact. The President or a Vice President may, from time to time, SpApolfst by writtentertificates sttomeys-in•fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorney$-in•fact. subject to the limitations set forth In their respective certificates of authority. shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoice all power and authority previously given to any attorney -in -tact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President Or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the Bylaws, and the signature of the Secretary or an Assistant Secretary and the spat of the Company may be affixed by facsimile to any ce►tificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power to executed and sealed and tertilied by certificate so executed and sealed shall, with respect to any band or undertaking to which It is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to M signed by its Vice President and its corporate semi 10 be hereto affixed on this 26th day of Jul , 19 $8 . CSEA&. State of Illinois ICounty of Cook CONTINENTAL CASUALTY COMPANY J. E. Purlell Vice President. On this 26th day of, July 19 88 , before me personally came J. E. Purteli, to me known, who. being by me duty sworn, did repose and say: that he resides In the Village of Glenview. State of Illinois: that he Is a Vlce•Presldent of CONTINENTAL CASUALTY COMPANY. the corporation described in and which executed the above instrument; that he knows the seat of said Corporation; that the seal affixed to the said Instrument Is such corporate seal: that it was so affixed pursuant to the said Instrument is Such corporate seal: that it was so affixed pursuant to authority given by the Soard of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation c aF� 1110TART N 1 � Pueuc ear �.•� t+tOta )Linda C. Dempsey ry Public. CERTIFICATE My Commission Expires November 12, 1990 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY. do heresy certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are stilt in force. to testimony whereof I have hereunto subscribed my name and affixed the seat of the said Company this 18TH day of MARCH 19 97 • �= George R. Hobaugh Assi , nt Secretary st+� Form 1.23142•8 STATE OF CALIFORNIA Ss. COUNTY OF ORANGE On MARCH 28, 1997 , before me, M. TREDIHNICK, NOTARY PUBLIC PERSONALLY APPEARED PAUL MENDOZA personally known to me (or 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 acknowl- edged 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 :--Istruument. WITNESS my hand and official seal. i ture 5 gsla OPTIONAL M. TREDIt,, I= :-A4�� COMM. M1053338 r x` i• NOTARY PUBLIC - CALJF:_,; IA ORANGE COUNTY r Mr Comm. EXPOS 111r. 23, I9;9 This arm for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL n ATTORNEY -IN -FACT �i TIRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: MwE OF PERSOMSI OR EMrrrYlrESt DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE I'll -fat 2. #.Im A * TattDDncr AruNn" I`nc.F.MENT City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on roject No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, %Nztchmcn and guards employed by him or by any subcontractor performing cork under the contract on the project have been paid wages at rates not less than those required by the contract pro-, isions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. 9, $sgnature and Title i g:ecuhconl DECLARATION OF SATISFACTION OF CLAIMS 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled �� as+�'.7/?�- and dated 0. 2. All workers and persons employed, all firms suppl3ing materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE) I declare under penalty of perjury that the foregoing is true and correct. .� -� Executed at /?A. Z(S Cron this �� day of , 19;e 4ignature of Contractor) g•cckashcon2 Recoroed In the county of orange, cailrornia Gary L. Granville, Clerk/Recorder I�I!!�'lII:!'I::I'!I'III:�'I:::IIII::l:III'Illl;li No Fee WHEN RECORDED MAIL TO: 19970176111 10. 41am 00 7/91 CITY OF HUNTINGTON BEACH 005 200t 0978 20 33 Office of the City Clerk N12 1 7.00 0.00 0.00 0.00 0.00 0.00 P. 0. Box 190 Huntington Beach, CA 92649 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Brach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to E.A. Mendoza Contracting who %%as the company thereon for doing the following work to -wit: Alhambra Avenue Improvement Project, Between Silver Lane & Beach Boulevard; CC-1032 That said work was completed April 7,1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 7,1997. That upon said contract Continental Casualty Company was surety for the bond gircn by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 9th day of April,1997. City Clerk and ex-0tT'icio Cie of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-ofiicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COWLETION vvms duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 9th day of April,1997. City Clerk and cx-ofiicio Cier of the City Council of fhe Ci of Huntington Beach, California &Afollowuenscpigs- "- This docuwc-it is sol 1 f Tax -Exempt -Government Agency CITY. OF HUNTINGTON BEACH Glfoilowuplccnoc;--.Connie Brockway, ePAc`` cEty lent By. 6Peputy City Clerk = o y o r W.0 official buzi.n©ss of the City of Funtiro- Lot] '?each, tic contem-- glato:: c:.:.ar Covor:,rnen, Code Sec. 6103 end zbould be recorded free of clinrFe. Me d MEETING DATE: April 7, 1997 Council/Agency Meeting Held: Deferred/Continued to: na G(N/floe 4AtAll CITY OF HUNTINGTON BEACH ' 1�9197 t DEPARTMENT IDNUMBER:,�,, , Pe Council Meeting Date: April 7, 1997 City Clerk's Signature i Department ID Number. 97-023 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ILI SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �; r SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator CZUS 4 "�hnhj PREPARED BY: ES M. JONES II, Director of Public Works _ n DAVID C. BIGGS, Director of Economic Development SUBJECT: Alhambra Avenue Improvement Project, between Silver Lane and Beach Blvd.; CC-1032, Notice of Completion l Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: E. A. Mendoza Contracting has completed its contract for the construction of the Alhambra Avenue Improvements. Funding Source: Sufficient CDBG Funds in account E-SI-ED-841-6-39-00 were authorized for this project. Recommended Action: Accept the Alhambra Avenue Improvements at a final cost of $114,123.38 and authorize the City Clerk to file the Notice of Completion with the County Recorder's Office. Altemative Action(s): None. V 0024130.01 -2- 03110197 8:37 AM REQUEST FOR COUNCIL ACTION MEETING DATE: April 7,1997 DEPARTMENT ID NUMBER: Analysis: On October 7, 1996 Council awarded a contract to E. A. Mendoza Contracting in the amount of $105,528. The adopted contract budget also included $10,600 to cover anticipated change orders and $5,872 for Supplemental Expenses, for a total of $122,000 to construct the Alhambra Avenue Improvements. Construction of the improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and request that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: 1. Contract Amount: 2. Change Orders: Subtotal 3. Supplemental Expenses: Total Council Approved $105, 528 0 600 $116,128 5 872 $122,000 Actual Exr)enditures $114,123.38* $0.00 $114,123.38 3 135.04 $117,258.42 *Contract amount increased as the final cost is based on actual measured bid quantities placed. Environmental Status: Not applicable. Attachment(s): JM 0024130.01 -3- 03/10/97 8:37 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 9, 1997 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir; CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, L� Connie Brockway City Clerk CBfjc Enclosure: Notice of CoWletion - E.A. Mendoza - CC-1032 (Telephone: 714.536.5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to E.A. Mendoza Contracting who was the company thereon for doing the following work to -Kit: Alhambra Avenue Improvement Project, Betiveen Silver Lane & Beach Boulevard; CC-1032 That said work was completed April 7,1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 7,1997. That upon said contract Continental Casualty Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 9th day of April,1997. City Clerk and ex-0fficio Clem of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 9th day of April, 1K-- City Clerk and ex-otf ido Iclicr of the City Council of the of Huntington Beach, California gAfollow-U& uplgs This docent is Sololy for the Official buf l loss Cr the City Tax. Exempt -Government Agency of Euntir: ten "Cacti, ns contem— CITY OF HUNTINGTON BEACH Plato" u ::;,f• cove,_: r"-nt Code G/followuplccnoc Connle Brockway, CMC Sec. C103 C314 Zhould bo recorded CEty Jerk free or cl:�r; c, 13y: eputy City Clerk r, 81, 1& CITY OF HUNTINGTON BEACH 10 2000 Main Street P.O.Box 190 California 92648 Les M. Jones If Director Ii+fr. Ernest Mendoza, President E.A. MENDOZA CONTRACTING 130 S. Cbaparral Ct., Suite 205 Anaheim, California 92M Subject: Requirements for Retention Release Alhambra Street Improvements Gall Contract 1032 Dear Mr. Mendoza: Public Works Department (714) 536-5431 January 29,1997 ..'"R . The following items must be filed with our City Clerk and City Attorney's Office before the City can relieve Mendoza Contracting from their contract obligation and release any remaining retention funds. Enclosed are extra forms. Please attend to these items as soon as possible, for they are necessary in completing this project. 1. A warranty bond guaranteeing the final amount of work and materials for one year. Your performance bond does not include specific wording for a one-year warranty, therefore, a separate bond is required and must be submitted, ote: Your one-year time period will start when all items are received and approved.) Z An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. 3. A Certificate of Compliance form must be signed at the completion of work and returned to this office. Should you have any questions regarding these items, please•call me at (714) 536S423 or Jack Miller at (714) 536-5517. vegftfy yam, .1,1" A. Martinez RAM -ram. Enclosure: Certificate of Compliance Declaration of Satisfaction and Claims cc: Jack Miller, Construction Administrator Connie Brockway, City Clerk . r 1 V. 0023534vl NCI��211 apw QUEST FOR CO L �� MEETING DATE: 10/7/96 )- r4.,-*M per. DEPARTMENT ID NUMBER: PW 96-056 Council/Agency Meeting Held: 10 /719(0 Deferred/Continued to: eApproved ❑ Conditionally Approved ❑ Denied Xity Clerk's Signa e 7- Council Meeting Date: 10/7/96 Department ID Number: PW 96-056 REQUEST FOR COUNCIL ACTION C^ M IV SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r-.3 SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator v�� w PREPARED BY:� ES M. JONES 11, Director of Public Works DAVID C. BIGGS, Director of Economic Develop o SUBJECT: Alhambra Avenue Improvement Project, between Silver Lane and Beach Blvd.; CC-1032/Award of Contract Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Statement of Issue: On July 1, 1996, the City Council authorized a call for bids for the Alhambra Avenue Improvements. Funding Source: CDBG funds totaling $100,000 are available in account E-SI-ED-841-6-39-00 and an additional $22,000 is available from other CDBG funds for a total of $122,000. Recommended Action: 1) Allocate an additional $22,000 to this project from available CDBG funds, and C y 2 2;, Q M rn �Ur„rn 2 A 2) Accept the low bid submitted by E.A. Mendoza Contracting of Anaheim Hills, California, and authorize the Mayor and City Clerk to execute an appropriate construction contract for the Alhambra Avenue Street Improvements; CC-1032; for a total bid amount of $105,528.00, and r rl 0020631.01 -2- 019123196 8:08 AM R6UEST FOR COUNCIL ACTIt7N MEETING DATE: 1017196 Recommended Action _(con't): DEPARTMENT ID NUMBER: PW 96-056 3) Authorize the Public Works Director to expend a total of $122,000 to cover the contract amount of $105,528, estimated construction change orders of $10,600 and supplemental expenditures of $5,872. Alternative Action(s): Reject all bids, do not proceed with the construction, which would delay the expenditure of CDBG funds. Analysis: On July 1, 1996, the City Council authorized a call for bids. The project is comprised of the construction of new pavement and spot construction of missing curb, gutter and sidewalk where required. The project will upgrade a residential street to new subdivision standards and help revitalize a neighborhood under stress because of deteriorating street infrastructure. Alhambra Avenue is located in the Washington Enhancement Area (Census Tract 994.11; 42.48% Low -Moderate Income Households) which makes this public improvement project eligible for Community Development Block Grant funding. The west 200 feet of Alhambra Avenue is proposed to be included with Silver Lane street improvements in a future project. This project is necessary to establish a safe street with new street lighting and to eliminate localized ponding of water. Contract cost breakdown is as follows: Contract Amount Project Change Orders Project Supplementals ** $105, 528 $10,600 5 872 TOTAL $122,000 * The amount identified includes the standard 10% limit set by Resolution Number 4896. ** Examples of supplementals include soils, concrete and compaction testing, utility hook- ups and special inspections. The Engineer's estimate of the total construction cost of the base bid was $ 98,000. Bids were received on August 15, 1996, and are listed below with the base bid amount and additive alternate bids: 0020631.01 -3- 09119196 9:12 AM RMUEST FOR COUNCIL ACTION MEETING DATE: 1017196 DEPARTMENT 1D NUMBER: PW 96-056 CONTRACTOR BASE BID ALTERNATE TOTAL BID 1 E.A. Mendoza $ 61,529.00 43,999.00 $ 105,528.00 2 GMC Enterprises $ 75,080.80 41,363.94 $ 116,444.74 3 Excel Paving $ 85,297.00 46,903.00 $132,200.00 4 Nobest, Inc. $ 85,010,50 49,320.00 $ 134,330.50 5 JDC $ 89,325.25 52,322.50 $ 141,647.75 6 Lobana Engineering $ 95,413.64 62,819.59 $ 158,233.23 7 West Coast Construction $111,959.25 91,358.00 $ 203,317.25 The alternate bid item includes the construction of the west portion of Alhambra Avenue excluding the westerly most 200 feet which will be included with the Silver Lane improvements. As limited funds were available for programming in 1995/96, only $100,000 for the Alhambra Street Improvement was included in the Consolidated Plan's Action Plan 1995/96. After June 30, 1996, funds available for reprogramming were identified. As this is a project ready for construction, staff recommends allocating an additional $22,000 from prior year's contingency accounts so that a larger project may proceed. Environmental Status: Negative Declaration Number 96-1 was approved on July 1, 1996. Attachments): 1. Project Location Map 2. Contractor Reference Check Imixee,aaf 0020631.01 -4- 09119196 9:52 AM PROJECT: R�U oaul V909 X200z- PC? '054t 11 CrrY OF= &-rjV-, rvG-0 'EAC64 O'er 0 9_C +MC?Cs LOCATION MAP rl:E: CITY OF HLINTINGTUN BEACH J rill 1NTERDEFARTMENTAL COMMUNICATION TO: Cash Contract File 1032 FROM: �Adc R. Charionne, Contract Administrator SUBJECT: REFERENCE CHECK; E.A. Mendoza Contracting DATE: August 16, 1996 City of Cerritos: City of Buena Park City of Hemet: QUESTIONS Name: Phil Name:Nabil Heinen Name: Ismae Pando Ramone Ph.(714)5622685 Phone(909):765 2360 Ph. 310 860-0311 1 Did contractor work well with your agency? Yes Yes Yes 2 Did they change personnel during the job? No No No 3 Were there any problems with No No No subcontractors or suppliers (stop notices)? 4 Did general and subcontractors work Yes Yes Yes consistently on the project? 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Very Good Very Good Good 7 Would you hire this general contractor Yes Yes Yes again? 8 Are the contractors' and subcontractors' Yes licensescurrent and verified with State Contractors Ucense Bureau? YES 9 Are there any outstanding complaints lodged No against the contractor with the State Contractor's Licensing Board? NO 10 Comments: None None Contractor was reasonable on Change Orders 0020601.01 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 4, 1996 E. A. Mendoza Contracting, Inc. 130 South Chaparral Court, Suite 205 Anaheim Hills, California 92808-2238 CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CNIC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:follouuftashcon (Telephone: 714.536.52Z7 ) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND E. A. MENDOZA CONTRACTING, INC. FOR ALHAMBRA AVENUE STREET IMPROVEMENTS (CC 1032) THIS AGREEMENT is made and entered into on this ,—_ _ day of December =d=1;•- , 1996, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., E. A. MENDOZA CONTRACTING, INC.. a California corporation hereinafter referred to as "CONTRACTOR" WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Alhambra Avenue street improvements from Silver Lane to Beach Boulevard (CC-1032), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992. Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for mousing; and CONTRACTOR has been selected and is to perform said work; 30WALHAµBRAM10M NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. TATEMENT OF W RK• AQCEPTANCE OF RI K The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is 2 WALIu MBRAOtDW executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 3 3WALWMINUMOM shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as It is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIQN,r. CONTRACTOR acknowledges that it Is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters Into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 4 3WALMAMBRAM&M D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated In the plans and not mentioned in the specifications, shall be of like effect as If indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed One Hundred Five Thousand Five Hundred Twenty Eight Dollars ($105,528) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 5 3WAL0Am&gA&10M 4. QOMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT after notice to proceed is Issued and shall diligently prosecute PROJECT to completion within forty-five (45) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE E FENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples. and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its worts with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and 6 3WALKAMI RAM1W86 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work., CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly Issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No worts, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One In the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful i performance of the work; one In the amount of one hundred percent (100%) of the contract i price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one In the amount of one hundred percent (100%) of the contract price to guarantee I payment of all claims for labor and materials furnished. 7 3NAL AMBRA IOM 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect In the work, shalt have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 8 3WN-RAMBRA V1OM Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WHA321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any Gass of laborers or mechanics which Is not listed in the wage determination and which Is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (f known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized 9 SWALHAMBRAIW10d96 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (ncluding the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all Interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third I person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the i amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plant or program, Provided, That the Secretary of Labor has found, upon the written request of the 10 3WALWIMBRAM1 W96 CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ('HUD') the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work Is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation, to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, 11 3WALMMBRAW10/W HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomla Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 12 3naALMAMeRAIWnGM 15. 6PPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person Is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who Is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, 13 3n A"MBRAWING apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the 14 sWALMAMBRA r OM registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYRQLU AND 13AZIC REQORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(8) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 15 sn ALMAMewuenGM (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-DO17.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shaft be accompanied by a "Statement of Compliance,' signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; 16 3Ac AL AMBRAIWIN96 That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination Incorporated Into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance' required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part S.V. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards 17 3IUAu"M BP-kW1 ores Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. LIQUIDATED DAA MACES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement 18 3WALRAMBRA&IOW of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. BQQNTRAQT3. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 19 3lWwJAuBRAIWt GM 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, In connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents, or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as Inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 20 3WALHAwFBi AWI OW 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment In price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in Its judgment the findings warrant. 23. PR RE PAYMENT Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if 21 sn ALMAMS AVIOM unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY, payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terns of the Agreement. partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF aATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been fled under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 22 3WALHAYBRAMI ON 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, Including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, Including those arising from the passive concurrent negligence of CITY. but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 28. =RKERMPENATIQN IN URAN E Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 23 3WALfiAMBRAISViDW 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productsJcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which Includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shalt be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES QF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1, provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 24 4. shall state as follows: 'The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing Insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional Insured endorsement to each of CONTRACTOR's Insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. QEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 25 3WALHAmBRAWI QW 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. CITY EMPLQYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 35. §STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so Incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26 snvwMUBRO OM 36. NO_ TlQES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTI IPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included In this Agreement In accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Govemment and applicable to the wont will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, of seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 27 3NALMAMBRA IOM 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of labor, or the employees or their representatives. 41. CERTIFIQATLON OF ELIGIBILITY. By entering Into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an Interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. 'Federal Housing Administration transactions', provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both.' 28 3WAuKmB AJW1QW 42. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. EQUAL EMPL YMENT OPP RT NITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance In employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required 29 3AWALHAMBRk&1QW to provide the CITY with a fisting of Its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. QQPELAND "ANTI-KICKBA K" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each small be prohibited from including, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he Is otherwise entitled. 45. CONTRACT WORK HQMRS AND AFETY ffANQARQS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-112 times time basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used In this section, the terns "laborers" and "mechanics' include watchmen and guards. 30 31UALKAmBRAIWIGM 46. MPLEMENTATI N F LEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL APT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement Is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, of seq.). 31 3J ALmAMeRAW10M 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. 5UBQQNTRAgjr2. The CONTRACTOR or subcontractor will Insert In any subcontracts the Causes contained In 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate Instructions require, and also a clause requiring the subcontractors to Include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. PONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. reOMMPLAINTS_, P. ROCEEDINGS, OR TESTIMQNY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 32 3tKtALKAMA aRA19/1 Qf g6 52. QQNTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENT. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked In excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES_ In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, In the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 33 3WALm 9RAWj 0W 54. LEGAL ERVIQES-�QQCONTRACTINGPROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving fegaf services, and that such Iegaf services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTOENa FEE In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 34 3R ALHAuBRAM/iOM 56. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. E. A. MENDOZA CORTRAUIN By: ;a, Jrl,/7 ce residerrt AND By: S126t� eva Steve Mendoza, Treasurer print name ITS: (circle one) Secretary) i'ef Financial Officer/Asst. Secretary - reasurer R V1gE—VVMAND APPR ED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California 4w;., Mayor ATTEST:'' yDCr[, City Clerk APPROVED AS TO FORM: City Attomey e 111 ol''G G �� INl ED A D PROVED: ,-,lam Director of IZ5 Works 35 3WALHAMSRAMOM ::::..:::.:..:..::..h.::...:.....,...:..:.:...... PRODUCER SMIT"EWMAN & ADAMSON AGENCY 295 IMPERIAL HWY. SUITE 104 FULLERTON CA 92635- (A 00 .,§, o 1S.U.P.NCE mm DA-m tmmmnn lor" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW.. _. ------- ------------- ...................................................................................... COMPANIES AFFORDING COVERAGE LccwAw A VALLEY FORGE 01 CoMpmy ...................................... ' ............. ' ....................... .... ' ....................... B CONTINENTAL CASUALLY EA. MENDOZA INC, 130 S. CHAPARRAL CT. SUITE 02DS ANAHEIM CA 92806= COMPANY D UTIM COwmY E LETTER COVERAGE3 THIS IS To CERTIFY THAT THE POLICIES OF INSURANrP LISTMO BE -OW HAVE BrFN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO(JCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, IEF*A OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ................................................................... .......................... ........................................................................ ............. I .................. ..................................................................................... :0: ;: POLICY EFFECTIVE .POLICY EXPIRATION .11R TYPE OF INSLvtA"m POLICY NUMIBM Lpxm DATE PAMOD" DATE WIDWM .................................................................. .................................................................. ................................ . ..... ............ ­* ........ * ....... js ........... " 2-0-0, ... 'GENERAL LABUTY G093tAL AaawaATe A ....... . ........ ..................... ............... X 'COMMERCIAL GEL LMXM 1000D00 ...... . . . ....... .......... ............................................... .................................... CLAM MADE X :OCCUR PERSONAL & ADV. RAW 1 100DOW ;-X of IDOM OWNERS & 0014TRACi PROT. EACH OCCURRENCE ...................................... ......... ..................................... FFIE DAMAGE (Aiv am ho) 6 50000 ......... ............................. I ......................... T................................................................. .. MED. EVViSE (" wo p~): I sm A AUTOMOSU LIABILITY X ANY AM ALL OWNED AUTOS X SCHEDUM AUTOS x HIRED Am X W*4-OWNED AUTOS ........... EXCESS LABLffy UMKaLA FORM CT rM 4- t A FWM 1055562484 COM14ED SINGES .5 1000000 LIMrT GODLY N"Y (Pot pereDn) .............................................. ................................ NOOxy IFUJAY .s (Pot socidwm ............................................... ................................. PROPERTY DAMAGE :5 .................................................. EACH OCCURv.ENCE ............................................... .............................. AGGREGATE :s : . ..................................................................................... ..... . .............. ............... ................................. .......................... ... .... WORKER'S COMS"SATM i .......... .................................. "Oil" 0"1,VT EACH ACC"Nf AND........................................... DISEASE -POLICY LIMIT EMPLOYERS, LIABILITY ..................... L ...................... DISEASE - EACH EMPLOYEE E OTHER ............ I ....................................................... ................. . . ......... ....... ................ ............. 10 DAYS NOTICE OF CANCEL- LATION FOR NON-PAYMENT I Of PREMIUM ii i� '0'*'P ... ER ... A'T' ... M, ' 'S"L"O' ........ W)'N"'S ... V'E"H" 0"'E"'S Sk ... C' I'A'L' ... r'r'E ... M'S" .... ....... .......... ....... PROJECT: ALL OPERATIONS OF THE NAMED INSURED. ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT CO 2010 CERTIFICATE �KOLDER CITY OF HUNTINGTON BEACH ffS AGENTS OFFICERS AND EMPLOYEES 2000 MAIN -STREET HUNTINGTON BEACH CA 22648 a IC40000 ........... I..."L..' ............. loom .................................. loom ............. I .... ........................... .................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLT1113"WOMM MAIL 30 oAys WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT, SUZANNE ADAMS POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 1055582970 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents, officers, and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 � t Copyright. Insurance Services Office, Inc.. 1984 C SECTION C PROPOSAL for the ALHAMBRA AVE. STREET UNIPRONTMENTS from SILVER LN. TO BEACH BLVD. CASH CONTRACT No. 1032 in the CITY OF HUNTLNGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mariner and time prescribed '.01 result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The bid award will be based on the lowest bid of the sum of the Base Bid plus Add. Alt. #1 plus Add. Alt 42. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,. royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 BASE PROJECT BID SCHEDULE LOT 9 EXCLUDED Item Estimated item with unit price rten e N0. Quantity written in words : Unit Price Aiount 1 1 Mobilization $ �r S g '7_ pp, pJ V' `j7p O. o? LS @ Dollars S S lYla Cents g(t S f./A. MINI Per LS 2 1 Traffic control plan o LS @ , --E Dollars S P N - 26x(:4�Z_ Cents $/, S ije 8%, Sl s G Per LS 3 1 Traffic control tQ LS @ Dollars MA Cents Per LS 4 1 LS Clear and grub f / 3 W S 9D O •� `S @ _, D R/l _ Dollars S .9 S /t m v,-�,�,.�P Cents Per LS 5 914 Unclassified excavation CY @ _� Dollars $ js,oa $ 154U. Cents Per CY G 146 SaucutACpavement LF @ .'� _ Dollars $ � /j S "t' ?. o Cents Pcr LF 7 3 Remove trees EA @ `Uu D L" J Dollars S 2yc • S � 4 0.0 vu = Cents Pcr EA 8 1 Reconstruct water JhAo--.2,ryjserviceEA @ '�..e07)llDollars S 2.aw •oo S 7-mo.e a e&sZk Cents Per EA 9 1 Adjust manhole to grade EA J @ . Lns-dt,..d„ Dollars S icuo- po S ?m . 0,0 ?%A o , Cents Per EA 10 3 Adjust mcterlvalve to grade EA @ W&9: Dollars S i 50.Oo S f ra.0,0 &Ak Cents Per EA, C-ls BASE PROJECT BID SCHEDULE LOT 9 EXCLUDED Item Estimated Item with unit price 77. TUnit Extended No. ' Qtiantity written in 'words Price ' Amount '- 11 2503 Install pavement fabric SY @ IM z Dollars �.5 S-17Q4.4j=e-- S _{���• Z J Cent$ Per SY 12 48 Reconstruct chain fence LF llink @ Dollars S 6.ao S '�[-Za Om Cents Per LF 13 394 Construct 3" AC pavement TOMS @ - Dollars S 35'02, S 3_ �- ,N�� Cents Per TONS 14 1069 Construct 6*_& 8" aggregate base TONS @ Dollars a 11. 0o Cents Per TONS 15 171 Construct 6" PCC C&G LF @ Dollars I S 95. QCP S ZS�'S• 1YLp Cents Per LF 16 648 Construct 4" PCC sidewalk SF @ ,,-o Dollars $ .00 p, S 1 z J�S. i3 Cents Per SF 17 570 Construct 6"PPCC driveway SF @ Dollars S 2.3d S. Cents Per SF 18 3 Install trees EA @_ Dollars S 0. $ I Z O O. O ✓Vile Cents Per EA 19 1 Install signing & striping LS @ _Lam-,'" r^ Dollars SISO. a �•�� Cents Per LS 20 1 Construct signs LS @ ,� �� Dollars S 200. b0 S Z00 • o O _ v*%A Cents Per LS 7 C-2s BASE PROJECT BID SCHEDULE LOT 9 EXCLUDED Item Estimated Item with unit price xten e No. Quantity written in words Unit Price Amount . 21 150 Construct street light conduit LF @ —(r ti Dollars $ .0. o S r Cents Per LF 22 @ Donars $ $ cents Per 23 @ Dollars S S Cents Per 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per C-3s ADD. ALT. ##1 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended N6.: :Quantity- written in words Unit Price 'Amount - 1 121 Unclassified excavation CY @ --u. f:�Z� Dollars S .Oa $ ;E!4ZO. n eltA--% Cents Per CY 2 340 Construct driveway SF Jresidential @ Dollars L $ _Zy�? Q $ gj s D. 0 _ Urn Cents — Per SF 3 37 Construct "AC pavement TONS @ Dollars S 3 Oa S 0 . Cents Per TONS 4 112 Construct 8" aggregate base TONS @ , Dollars $ Oc7 $ i ,Nt,p Cents Per TONS 5 302 install paving fabric SY a@ 61e_ Dollars S 1, �a S eyt7 Cents Per SY 6 3 Construct 4" sewer lateral EA @ Do ars S 2.4m•to S 1p0. oo Cents Per EA 7 460 Construct 4' sidc%slk SF @ Dollars S 1.10 Cents Per SF 8 79 Construct 6" curb and gutter LF @ Dollars $ i 2.O 0 $ $ Cents Per LF 9 3 Construct 1 " eater service EA @ " ilars $ 00.00 S ��•�� Cents Per EA Total Amount Alt #I Bid in Fizures: $ Z Total Amount Alt #I Bid in Words: Q49 ADD. ALT. #2 PROJECT BID SCHEDULE ItemEstimatedItem with unit pace . : _ : Extended No. Quantity written m words Unit Price Amount 1 650 Unclassified excavation cY @ Dollars s Z..So s 12Z5 0 Cents Per CY 2 660 Construct residential driveway SF ® Dollars $ 2.10 $ 6.0 it a cents Per SF 3 303 Construct 3" AC pavement TONS @ "'C� Dollars S o $0c. nnN& Cents Per TONS 4 826 Construct 8" aggregate base TONS @ t—G Dollars S n C) +'ti0 Cents Per TONS 5 1978 Install paving fabric SY @ Dollars s 0• '9Q S 0.t, Cents Per SY 6 646 Construct 4' sidctvalit SF @_ t SYL.Q_ Dollars $ j. 4 0 r ~ Cents Per SF 7 107 Construct 6" curb and gutter LF @ to - Dollars $ . of n S I Z�T.fl M,r% Cents Per LF 8 1 Adjust manhole to grade EA a, 41A nQ Dollars S S —40010,�, Cents Per EA 9 1 Adjust meter/valve to grade EA @ , ts-V4_ Dollars $ 150•� $ , PLO Cents Per EA 10 36 Saw cut existing AC pavement LF @ , bw Dollars S1,00 S • Ci c7 Nt1� cents Per LF C-5s ADD. ALT. #2 PROJECT BID SCHEDULE Item No: Estimated 'Quantity Item with unit price written in words Unit Price Extended Amount 11 5 Install tree EA @ Dollars S tom. oa S zaco-cm Cents Per EA Total Amount Alt 42 Bid in Figure - $ 4 3 9 9 S. OO Total Amount Alt #2 Biq in Words: ` Grand Total of Base Bid plus Add Alt #1 plus Add Alt #2 In Fibures: $ p +� Grand Total of Base Bid plus Add Alt #1 plus Add Alt # in Words. fl.N4 . W9 5 C-Gs If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of S I t /+ —',bJ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Si nature C-Z LIST OF SUBCONTRACTORS ' In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name andAddress of Subcontractor State License_ Class of mork Nuinber By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Paul Mendoza , being first duly sworn, deposes and says that he or she is Board Member of E. A • Aby party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Paul Mendoza Name of Bidder Signature of Bidder 130 S. Chaparral Ct., Anaheim Hills Address of Bidder Subscribed and sworn to before me this day of , 199 NOTARY PUBLIC NOTARY SEAL C4 STATE OF CALIFORNIA COUNTY OF ORANGE On -B Z) to , before me, _ PERSONALLY APPEARED To u I 1 Y crvh ZQ . personally known to me (or 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capadty(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(;) acted, executed the instrument. WfINESS my hand and official seal. Signature OPTIONAL M. TREDINNICK, NOTARY PUBLIC -; I.I. T11EDI IN" :CK C01.1111.11CZ..;-';3 NOTARY PUWC . ZALl."C.�::fA .i Cr:ANCE COU14TY —� my Comm Exp la par. &a. 15,7 This arur/hr Ofeia! Nourrial Seat 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 ❑ INOIVIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Elm ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: waaE OF PERSONS} OR EmnWpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I1)4VII Rev. 094 ALL-PUl?PO5C ACKNOWLEDGEMENT UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Alhambra Av Street Improvements, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person it-ho, by reason of experience or ittstructiott, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. -- -- --Date: - 8/14/96 cs E.A. Mendoza Contractor Paul Mendoza r _ By Board Member Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes A No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b • COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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. Date: 8/14/96 C7 E.A. Mendoza Contractor Paul Mendoza By - Board Member Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: E.A. Mendoza Contractor Paul Mendoza Board Member Title Date: 8/14/96 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Mork. Additional forms may be obtained from the AGENCY upon request. C-S BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: E.A. Mendoza Bidder Name 130 S. Chaparral Ct., Suite 205 Business Address Anaheim Hills r_A A7RnR City, State Zip 714) 279-9Q77 Telephone Number 411457A State Contractor's License No. and Class September 1980_ Original Date Issued September 1997 Expiration Date The work site was inspected by Paul Mendoza of our office on Sf 14 , 1991. The following are persons, firms, and corporations having a principal interest in this proposal: Ernest Mendoza, Sr. - President s. Paul -Mendoza - Board Member C-9 ' The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. E.A. Mendoza Contracting Company Name Signature of Bidder Paul_Mendoza Printed or Typed Signature Subscribed and sworn to before me this day of , I99_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Cerritos 18125 Bloomfield Ave. Name and Address of Public Agency Name and Telephone No. of Project Manager: Phil Ramone (310) 860-0311 Contract Amount Type of Work Date Completed 2• City of Avena Park titis0 RcsaCh 8l3gd Name and Address of Public Agency Name and Telephone No. of Project Manager: Nabil Heinen (714) 562-3741 Contract Amount Type of Work Date Completed 3. City -of Hemet 450 E. jatham Name and Address of Public Agency Name and Telephone No. of Project Manager: Ismae Pando (909) 765-2360 Contract Amount Type of Work Date Completed C-1a STATE OF CALIFORNIA SS. COUNTY OF ORANGE On tJ !�s C, to —,before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED _ "p) (1 1 f v 1 po d ozo- , personally known to me (or 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 acknowl- edged 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(J) acted, executed the instrument. WrI MESS my hand and offic:W seal. Signature OPTIONAL r M. TRED!;'1?l;G;< � COMI.i. rto��c�s L 4 ` r NOTARY PUZZLIC • C;UTCA HA Or.ANCE CCG„Ty IVY Comm. Expires Yar. 29. i2n .. This area for Official Notarial Seal Though the data below is not required by law. it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Trrms) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAiAAe OF PERSONS) OR ENMOFS) DESCRIPTION OF ATTACKED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE i -W se".n/" ALL-PU[?POSh ACKNOWLEDGEMENT CERTIFICATION HOUSING AND URBAN DEVELOPEMENT ACR OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of the Federal Regulations, Part 135 Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager: Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction unth this project. This Certification shall apply to the prime contractor's sub -contracts related to this project. Company: E.A. Mendoza By: Paul Mendoza Title: Hoard Member Date: 8/14 /9 6 C-11 RECEIVED' ory ni.Ept, bac 15 '2' o! Vill 'SG r7 A CONTRACTING I;.A. MI;NIJVJ 130 S. CIiAPARRAL CT, STC 205 1 ANAHEIM HILLS, CA 92808-2238 �fi' ' 7 • Or. I111'{jll�l:frk ': �� -.-•�--------r-�----,, , � � _ _ . , . .. .... _.... , Tyr 1. *3G �'� _ / '�' yR { •a'� •( YI I� +fin• V y! 4 �, 1•. .•S, � .S� . :• • •-i , � `f• i . 4, • w-.•..-....{.�.�Y �r+rr�.+r�rr•,.f+ny .t'�n:. r ' • � 7 �'7i• M . � : � _ . ,:. •..T ;i'.. � „L^,.. }►.•.! /'fr•%•y�»+",•r*=.' r. R.C.•r y,: ;. d.�,.�: 7^^ 1. • '"';i1' .!•y yr- t 1 IL3 •.�'* Tr7 '}r :tt � � ;�. 13 'I e' • i 11 . �• •R+'�a. .�F i �.ri..r 'y..�•;. .J.r'.M, �'Ir7 Y' ''�. i 1 Ilk 7•,' t .� 1�. `. :��.{, 1.•a Tj ,} C�� V Huntinq�on BuA �1. 1. ',«' .'y ._.. 1-. ..�. .L'_ ~y.Y I, N.S�..,.•: is, i"• 7 •�lF .�.'//\ `{ Main DYfre, c f lif I'' 1 � .'i:± r, .y. .�-;. `Y . {-.,,ram.• ♦i•� _ ,, f' i , .1. �� , `�, 'I •.alp � i 1 4 r, N,"..�14. r1l. -v �1`rL Yi.:.. 11."ti.J •i 4 Y' 7,_:�.:•� �1 1,1, ,..�.�•, ..,. pry ecf I ha bro. Ave, Sf rect Bid dale Amust i 1• ' ��� i:r , 1 7' ' i', r r '.. :� � -., :. •.='1'.{ I ^ .•1 'rri Y1 ' .i' ff'f �•y rt `�1 y' rF ..f ��'. J 1 . �� . ,.. rr..:•.ti'' i Y }tt ;.r• * <'s # �-1 vr'! j„Y .ir r! r f 4 y : e 7 I..t1�i'i. i. =X',v y,�'.tjfa!",r.�'^M,„t ,, ..4 vim. 11r Ali. }i,•Ti r.Y.-.�i ��w:C'C���} '3�y�+tw+,�v '�S.1T� �•! {y+s';' ' ' .`.y 7.�•,.rjr�.�1. �.7. �' rf.•y. •.�'tYr.�r h''?r i iY:'^'Y}!.` s#.:4: .�•'6���r .4„i..` y if•:'.•: Improvem 15')1996 21-00 COPY TO: SHEILA GENEIL CC-1032 August 15, 1996 2:00 Phi Engineer's Estimate: $98,000 BID LIST NAME RANK TOTAL BID AMOUNT f].BIDDER'S $ is All American As haft 2. -Copp Contracting, Inc. 3. E. A. Mendoza 1016, $ 4. E & M Construction $ 5. Excel Paving / G. GMC Enterprises $ W $ 7. IPS Services, Inc. bl, D• B. JDC 9. Lobana Engineering 10. Nobest, Inc. $ l s . 50 11. R. J. Noble 12. Ruiz Engineeringn.� 13. West Coast Construction IS 000 114. 19898 COPY TO: p SHEILA Q�d GENEIL �/� CC-I032 August 15,1996 2:00 PM Engineer's Estimate: $98,000 e "I *M -BIDDER'S NAME RANK - TOTAL BID AMOUNT 1. All American Asphalt S 2. Copp Contracting, Inc. 3. E. A. Mendoza !Z Z S 4. E & M Construction 5 5. Excel Paving 6. GMC Enterprises S G S 7. IPS Services Inc. 8. JDC S� �(v C� • Z j ,73 OtO 9. Lobana Engineering cqe. 10. Nobest, Inc. L x s4 11. R. J. Noble 12. Ruiz Engineering 13. West Coast Construction Z 2 G 5 114. 5 19898 CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we E. A. MENDOZA, INC. , Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee. In the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID -------------- Dollars (S 10% OF BID--- ) for the payment of which we bind ourselves, our legal representatives, successors and assigns. jointly and severally, firmly by these presents. for WHEREAS. Principal has submitted or is about to submit a proposal to 00yee on a conliact "ALHAMBRA AVENUE STREET IMPROVEMENTS FROM SILVER LANE TO BEACH BOULEVARD, CC #1032" NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Cbliyee: or if Principal shall fait to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in ruff force and effect. Signed, seated and dated AUGUST 14, 1996 G•23054-A E. A. MENDOZA, INC. {Seat 3 Principal L CASUXT3; COMPANY A rneyin•;' MICHAEL CNA rer All the tern nr it nrret. Unt xlake' STATE OF CALIFORNIA SS. COUNTY OF ORANGE On AUGUST 14. 1996 , before me, K. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satistactory evI ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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 imtrument the person(s), or the entity upon: behalf of which the person(s) acted, executed the instrument. WTINESS my hand and official seal. V Signature OPTIONAL M. TREDIN NICK X t:37.;rY IMA tarCo!:n"a!, 1:73 This area for Official Noinrial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER 7ME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I114.nl 1-% ,..., ,�[.1.-n[11�1'(�.`ii: Arl(WI v1 EMPNIINT Coniinental Casualty Company CNA Fnr All I tw(*&M1rniIF—nI- %.no Make' AN ILLINOIS Coll P O R A T ION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Aden by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duty organized and existing under the laws of the State of Illinois, and having its principal office In the City of Chicago, and State of Illinois, does hereby make. constitute it snappoint IndividU311 of Riverside, California_ its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory Instruments of similar nature. - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fumy and to the same extent as of such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney-in•fact. The President of a Vice President may, from time to time, appoint by writtencertificates attorneys -In -fact to act In behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such alto rneys•in•fact. subject 10 the limitations set forth in their respective certificates of authority, snail have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in -tact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the foNo.ving Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to section 3 of Article tX of the By -Laws, and the signature of the Secretaryor an Assistant Secretary and the seat of the Company may be affixed by facsimile to any Certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Arty such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindlna on the Company." In Witness Whereof. CONTINENTAL CASUALTY COMPANY has caused these presents to he signed by its Vice President and its corporate slat to be hereto affixed on this 26th day of Jul Y .. . 14 88 . state of Illinois I ca"Dia�r County of Coots S ss y • .s SEAL CONTINENTAL CASUALTY COMPANY 1 J. E. Pullen Vice President. On this Zbth day of L�UIy . 14 8$ , before me personalty came J_ E. Purtelt, to me known. who. being by me duly sworn, did depose and say: that he resides In the Village of Glenview. State of Illinois; that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the Corporation described in and which executed Oe str_ve instrument; that he knows the seal of said Corporation; That ne seal affixed to the said instrument Is such corporate seat: that it was so affixed pursuant 10 the said Instrument is such corporate seal: that 4 was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and need of said corporation, i'c.oIA'e. - �uas.Ie Linda C. Dempsey Notary PubIIC. CERTIFICATE My ComniSSi0n Expires November 12, 1990 1, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attomey are still in force. In testimony whereof I have hereunto Subscribed my name and affixed the seal of the said I �,f,R Company this day of AUGUST rASU4 1 George R. Hobaugh Assi nt Secretary �,,, st •l Form 1.23142•8 INV. NO. G•59200-B STATE OF CALIFORNIA SS. COUNTY OF I ORANGE Ony' 1 1 �j before me, H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED personally known to me (or 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 acknowl- edged 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() acted, executed the instrument. WrMESS my hand and official seal. Signature - �_- L ;� IC t 1 OPTIONAL h1. Ti,Z*Di:::::C:: C0133.1. 113i: : 3 IVY Cord. EtipFres par. S.•, YS?i This area for Official Notarial Seal Though the data below is not required by taw. it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Cl ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: t4AmE OF PERSOK4%OR EM VIMS) DESCRIPTION OF ATTACHED DOCUMENT . TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT --- SIGNER(S) OTHER THAN NAMED ABOVE "MINI `WV "'"; ALL-PWl POS_t ACKNOWEEDGEMENT NATIONAL .SURA.NCECO. OFAMUIR), 4133 B oolaysAreaus RE 1"zU,WA9$10S 010 BOND KNOW ALL BY THESE PRESENTS, That we, GMC Enterprises or P.O. Box 3217, Tustin, CA 92681-3217 (boreloafter Called the Prim1fal), u Priaeipa , and FIRST NATIONAL N RANCE CO OF AMERICA-, 61 =tFs. Waehingtoa, a corporatiaa duly organized under the law■ of the State of W&Akgtm u Suety, heroWltcr eslled the Surety, are kald and firmly bound unto the City of Hunfin ton Beach (hw*62ftar Called the obilgse) 1a the poaal gum of ------�---------------------�--- Ten Percent of the Total Amount Bid ---»------»-- Dollars (S 10% ) for the Payment of which the Principe and the Surety bind ilsemealreir, thole holes, executors, admialktratorsr, euceeseors and arekw jointly and SeTwaRy, firmly by them prsaanta. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, t1is Principal has submitted or ie about to rubmlt a prrpoeal to the Oblirw on a contract for Alhambra Avenue Street Improvements Contract No. 1032 NOW, THEREFORE, It the raid Contract be timely awarded to the Principal and the Pr1=1pal ehall, within ssch time as may be specified, enter Into the contract is writing, and give bond, if bond U required, with surety acceptable to the 014ligsa for the faithful Wfarminm of the said Contract, than this obligatioa shall bs rold; otherwise to remain In full fora and offset. Signed wad sealed thin 13th I day of s-32oeieP 7104 August , to 96. w Priocipa 'Title FIRST NATIONAL INSURANCE COMPANY OF AMF.3tICA By IAffr R. Gv d At4orn;7A__ *ct POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA IRST IAMNA� ' SL�RE` M ATTORNEY 4333 BROOKLYN AVE NE R1 FIRST NATIONAL INS URANCECO.OfAMECA SEATTLE,WASHINGTON 08105 4333 Brooklyn Avenue N.E. Seattle,WA 93I9S No. 9392 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint aaa■■ua■■■■■■a■■■■a■JEFFREY R. GRYDE. San Clemente, California■•■■■■■■■■■.■.■■■r■a■■■u■■■■■■■■ Its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character Issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by Its regularly elected officers at Its home office, IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12 t h day of November , 1993 . CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: •Article V. Section 13. - FIDELITY AND SL tM BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. Shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with "horny to execute on behalf of the Company fidetity and surety bonds and other documents of similar character issued by the company in the course of its business ... On ary instrument making or evidencing Such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however, That the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted J* 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0 The provisions of Article V. Section 13 of the By -Laws, and C7 A copy of the power -of -attorney appointment, executed pursuant thereto, and Gil) Certifying that said power -of -attorney appointment is in full force and effect, the signanre of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof! L R. A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this Corporation. and of a Power of Attorney Issued pursuant thereto. are true and correct. and that both the By -Laws. the Resolution and the Power of Attorney are still in fUll force and effect. IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed the facsmile seal of said corporation this I3th day of August . 1996 S-1049/EP 7/04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange on August 13, 1996 before me, Patrice Zeis,_Notaty Public_ DATE NAME, TITLE OF OFFICER - E-D,' VANE DOE, NOTARY PUSUC' personally appeared Jeffrey R. Gryde ?"EIS) Df 5IGHEAr51 , L personally known: to me to be the person" whose natneW is&XX subscribed to the within instrument and ac- knowledged to me that helXPc&XLTdy executed the same In hisb OMik r authorized capacityQ(XXX and that by h1sXY&nXK*Ir PATRICEZEIS slgnaturet%) on the Instrument the person%), U'Y EOM ubk �� N or the entity upon behalf of which the aw� �Zm personM acted, executed the Instrument. WITNESS my hand and official seal. ell - SIGNATURE CF NOTAgY OPTIONAL N0. My Though the data below is not required by taw, It may prove valuable to persons retying on the document end could prevent frsuduleni reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL, ❑ COnPORATE OFFICER Tnws1 _ ❑ PARTNEFI(S) ❑ LIMITED ❑ GENERAL. ® K"OFtNEY-IN•FACT ❑ TRUSTEE(S) ❑ QUAFMIAWCONSEWATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF P""J(S) OR ENMQES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF: DOCUMENT SIGNErI(S) OTIA5R THAN NAMED ABOVE C 1993 NA1n0NA1 NOTARY ASSOCIA110N 0 023G Rerwnel Ave., P.O. Box 7164 - Camga Park, CA 91309.7184 r e � , • CHUBB GROUP OF INSURANCE COMPANIES � "1.11 Jl�ti� 1'• I UaIIdrl,n •-i... II•..I•I I' � � I�•.. 11.I'• +V.u�••I� II. , -+. +.. , I�.In:l II:1�. FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, PALP Inc, dba Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL. INSURANCE COMPANY, Warren, New Jersey, a corporation duty organized under the laws of the State of Indiana, (hereinafter called the Surety). as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10 % ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. Seated with our seats and dated this 29th day of July A. D. nineteen hundred and 9 6 WHEREAS, the Principal has submitted a bid, dated August 15 , t9 96 for Alhambra Avenue Street Improvements (1032) NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee In accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, If the Principal shalt pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified In said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be In excess of the former, then this obligation shall be null and void, otherwise 10 remain In full force and effect. PALP Inc. dba Excel Paving Company Principal A'4 By: -4 FEDERAL INSURANCE COMPANY ` J By: Douglas'A. Rapp Attorney in Fact P"'", E D fWm IS 070007 qFI" 49M 1,•19]9i [,"Al Ua V. ALL --PURPOSE ACKNOWLEDGMENT State of California County of Orange On 196 before me, Christine M. _Rapp, Notary Public Dale Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared DrIlIgiag A_ Rap= ,- Names(s) orsigner(s) personally known to me or proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) islarc subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/herlthcir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seat, ,, .•^ R CHRISTINE M. RAPP j •. ., Comm.11102778 • -w NDTARY PUBLIC • CALIFORNIA �+ oNn;e C011511 my Comm. Ezpues July 9. YJ06 Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO TILE DOCUMENT DESCRIBED AT RIGIIT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) __Partner(s) Attorney -in -Fact Corporate Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain Yew Road, Warren, NJ =59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY. an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. ' Coats of Laguna Hills, California ------------------------------------------------------------------------- each its true and lawful Attorneyin-fact to execute under such designation In its name and to affix Its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, town: 1. Bonds and Undertakings (other than Bali Bonds) riled in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified 16 such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town. Village. Board or other body or organization, public or private; bonds to Transportation Companies, I = Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors In connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws. caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of - March 1994 Corporate Seal Kenneth C. Wendel Assistant Sec"ry STATE OF NEW JERSEY � ss. County of Somerset FEDERAL INSURANCE COMPANY BYgan" �j ' J . Gerardo G. Mauriz Yke Prssldtnt On this loth day of March 19 94 . More me personally came Kenneth C. Wendel to me known and by -me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described In and which executed the foregoing Power of Attorney. and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat thereof; that the seal affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Maudz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal Pt:ir� Acknowledged and Sworn to before me on the date above written. J Notary Public ��T A. 9CAYOffx y'ft7 ?Z111C. 5:xt3 of Isar Iep'r No. 2S$43.520 C"�+'10a Expim t?cca;.- 2,1"4 Fwm f -XW3r jAw, 90.0 GENEML POPMO LCL%v jWM utw CERTIFICATION STATE OF NEW JERSEY County of Somerset ss' I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 2. 1990 and that this By -Law is in furl force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings. contracts and other instruments other than as above for and on behalf of the Company which it Is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations, except that any one or more officers or attorneys-in4act designated in any resolution of the Board of Directors or the Executive Committee, or In any power of attorney executed as provided for In Section 3 befow, may execute any such bond. undertaking or other obrigation as provided In such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the following officers: Chairman. Vice Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Com- pany may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-In•Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:' I further certity that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each of the States of the United States of America, District of Columbia. Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licensed to become sole surety on bonds. undertakings, etc, permitted or required by law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and 11S seal of said Company at Warren, N.J.. this 29th _ _day 94� Corporate Seat "`�Asslinrri Ucnta ' State of CALIFORNIA County of LOS ANGELES On before me,eeleste A. (DATE} ONAMERiTLE OF OF1lCER;.e.'JANE DOE, NOTARY PUBLIC') personally appeared Palp Inc. ABA Excel Paving Company INAMEISI OF SIGNERISII by C.P. Brawn President El personally known to me -OR- ❑ CELESTE A. GRAHAM rW ! COMMA. x 992999 a 0. N:,ECry "Uniic • California m a LOS wN;,ElES CCUr:iY MY COKWISS10N tXPERES JULY 30, 199T Graham, Notary Publi( 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. Witness my hand and official seal. SEAL v f 1 ISI NATURE OFNOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. - Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE FAUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docurrienl Number of Pages Date o1 Document Sipneqsi Other Than Named Above RIGHT THUMBPRINT (Optional) EK I' CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALISI OCORPORATE OFFICER(S) VITLLSl OPARTNERISI 13LIMETED OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARD IAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Neme of Poraon(,) or Entityliee) RIGHT THUMBPRINT f0ptionall CAPACITY CLAIMED BY SIGNERM OWDNIDUAL(S) OCORPORATE OFFICER(S) (TITUS) OPARTNERESI OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIANICONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personfal or Entityliee) WOLCOTT$ FORM e3240 Mr. 3.94 (pied close S•?AI 0Ieee wOLCOTTS FORMS. INC. l ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/Two FING[RPRINTS , iul't �7-P-Pr1���o1'1111 EXCEL PAVING COMPANY 2230 Lemon Avenue LONG BEACH, CALIFORNIA 90606 CITY OF HUNT7NGTON BEACH CITY CLERK 2000 Main Street Huntington Beach CA SEALED BID Project Alhambra Ave Street Improvements from Silver Ln to Beach Blvd (1032) Bid date Thursday, August 15, 1996 @ 2:00 x CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNt1W ALI, hll-.N BY'1'IIESL• PRESENT'S: 'Phial we. NOBEST INCORPORATED BID BOND Califurrllu; 23172 111aza Pointe thive Suite las Laguna dills, CA 92653 (714) 7711.97.1.1 (HIM) 274•CIM.' Naltuual (714) 770.980s FAX Btooid No. Premium included in Bid Bond Service undertaking its Hrinctpal. (hereinafter called the "Principal"), and Contractors Bonding and insurance Company of Seattle, Washington, a corporation duly organircd under the laws of the State of Washington. as Surety, (hereinafter called the "Surety"). are held firmly hound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in Ill: slot, of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID loot toexceed TEN PERCENT OF THE "TOTAL AMOUNT OF THE BID Dollars ($ 102 ), for the payment orwhich silm well at)() truly to he made, the said Principal and the said Surety, hind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WIIFRFAS, tlie Principal has Submit tedahidfor ALAHAMBRA AVENUE STREET IMPROVEMENTS N(]W"I'111?It1:F( RE- if floe Obligee sh.tu accept the hid of the Principal and the Principal shall enter into it contract with the Obligee in uewl.t,utice with the l4ruts ot'suclt bill land give such blind or Ix,nlls as may Iv specified in the bidding or contract doc tinlents with gmid mid muff iciew surety for the failltful performance of such contract and for the prompt payment of labor and material in the prosecution tllercof, or ill the event of the failure of the 1'rincilxtl In enter inlu such contract and give such bond or bonds. if the Principal shall pay to Ilte ( lilibce the difTercmu not to exceed the penalty hereot•loetween the anunitll spet:ified in said hid anti such larger amount for which the Obligee may in gtxkl faith contract wish another pany to lx rflorm 1he-work covered by said hid, then this obligation shall he null and void, oilierwise to remain in full force and elTect. Signed and ~ruled this 25TH day of Williess w a ness JULY An. ig 96 NOBEST INCORPORATED (Seal) Principal Sure • Contractors 3or ding and 1n ► IN �, t LINDA D. COA Antuacy-in-fact 4125,1 14NAl, K 73 19017 Ihiwclt Ill N111tw'1J111"1 %kh lh; A11rlik+n bmhlul;„l A11 b,l;ll. (AIA) by (1"111x4"a I1,""hub J1Ml I11.111JIMi 011111MI1y III; 1J11h1up: ill 1111% Lot% 1111WIll 4:I"11.1llll%Clkxlly 11/IIk l.IuJ!ua}; "x.lm A I A 841%III1w-u1 A flit. I-Chla."y I'l At 1-1111001 11n 111%11 11191 u2 CAllI I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of .- Oai i for. nia County of Orange On _ Z4,�aj_4L- before me, David E. t?ooie rlotary Public GALE I"C. IfI►E Of WIWIIt - E 0.'JAd4 46E. WIAM Iw4.1C' personally appeared Larry Nodland + lau.¢islof SIGIdEIf151 ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wilhin instrument and ac- knowledged to me that he/she/they executed 1he same in Isis/her/their aulhorized - � DAVIDE.POOLE 1 capacily(ies), and that by hislher/lhl it �MAU. #989929 a n�•;��Yaup�c-GLlf'JRh"I� .� signature(s) on the instrument the person(s), z ORNGECOUINTY -► or the entity upon behalf of which the > l"Y corrm Untt 14'1 person(s) acted, executed the instrument. MSI,y hand and of ' 'a! seal. S-U#A I W IE Or WWII OPTIONAL I— S-.I Though the Bala below is not oequiied by law, it may pfovo valuable to persons iolying on the document and could pie-.[nl Itaudulent To1,llachlnont of l4is loth. CAPACITY CLAIMED BY SIGUER ❑ INDIVIDUAL Q CORPanATE OFFICER President: tlnEiS1 ❑ PAATIJER(s) ❑ LIMITED ❑ GENEnAL ❑ ATTOnN EY-l* FACT ❑ TRUSTEE(S) ❑ GUARDIAMCONSERVATOn ❑ OTHER: SIGNER IS REPRESEUTING: I WA Gf hE IISGIp51 Oil Eli [I I V%X SI DESCRIPTION OF ATTACHED DOClIi'ItEW TITLE On TYPE OF DOCUMENT NUMUER OF PAGES � DATE OF DOCUt. EM SIGNER(S) Oi HEn TMAN NAMEO ABOVE .' visa fiATlo[4AL [fOTAnY ASSOCIATIOfi • B23u Tlcnul.c1 A.0 . P O oo t 7,d4 • C„i, .gam Palk. CA 9 [3u1 e-71&t ALL-PURPOSE ACKNOWLEDGMENT Stale. orcliliforltia (,ounty or Los Angeles 0t 7/25/96 before Inc, CHRISTOPHER J. COATS 11a1c . Nao►c, Title of Illritcr - cc. "Jaoc poet, Nalrry raldlc" personally appeared MKDA D. COATS Nraua(r) of tilgnrt (s1 personally llnllwil to Ilse or proveit if, 111e flit file 11nsis orsntist:te(ory evidmice to lie the person(s) whose nllltic(s) isllire subscribed (to the within instrument will Itcknowledged to me that he/she/they executed llte same in hislltcr/their militarized culincily(ics), find flint try lfis1herlllleir siguntlerc(s) nit Ilse Instreelticni lite person(s), or (lie cntily on llcitnlrof witiclt ote person(s) acted, executed the instrument. Witness any hand and official sent, �Ignrfart �,?Qntary CHRISTOPHER J. COATS N COPAM. 11103462 a Q" NOTARY PUBLIC CALIFORNIA i GRANGE COUNTY icy comet. Wres July 15, 2 A'I-I'F:NTION NOTARY: Allhourh the Inforluntiom requtslcd 6clow Is 011TIONA1..It could prevent rrlludulcnt ■llnchuunl of 11113 cerllficate In unoulhoriced datumenls. •1.111S CE-W11 ICATE MuS'r IIE A'rrACIIED 1'0 1'I 11:1) [ t CI t I11E1 N'1' DE,SClt UED A'1' 1z1CI1.1': 'Tilde 4ir'1'ype fir pocil mcnl Member of faces moc fir Document Ol'T1ONA1, SFCT1nN1 (,AI'ACI'I'Y,(7I.AiI1IED 11V SIGNE11 Indlvidual(s)—I'arincr(s) _Attorney -In -riled �CurpuratcOther 0fricer(s) — '11LIrIa) SIGNIat IS 1WI'ItI:SI;N'I'ING: Na me of persons or cmtifyVes) : -READ, CAREFULLY to; ye :used oiiiy. with- the hoiid'speci fled he' etii <.'` BID BOND Bono No. _50408-380 PREMIUM: INCLUDED IN BID BOND SERVICE KNOW ALL LIEN BY THESE PRESENTS, That we, JDC, INC. as Principal, and DEVELOPERS INSURANCE COMPANY , a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID _ Dollars, (S--10Z-- ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for ALHAMBRA AVENUE STREET IMPROVEMENTS 01032) NOVI, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 8TH day of _ _ AUGUST 79 96 JDC, INC DEVELOPERS INS ICE COMPANY BY: By: JIM DE AP* ND, PRESIDENT Principal D. J. PICARD Attorney4n•Fac.t ICC 307 REV. 4.85 . -1. CAL;FORNIA ALL-PURPOSE AC:KNUMLu(aMENT State of CALIFORNIA ).. -- County of oRANgE On8/8/96 before me, BEATA A. ARGUELLO. NOTARY PUBLxC personally appeared D. J. PICARD xxx personally known to me OR �p av xctx� to be the person(d) whose name(q) is/=;subscribed to the within instrument and acknowledged to me that he/sMnpey executed the same in his/bec4tax authorized capacity(v4, and that by his/hrtb&x signature(s) on the instrument the person(. or the entity upon behalf of which the personM acted, executed the instrument. LEATA A. ARGUELLO NOTARY PUBLIC - CAUFOf MA +n ..� ny co ne. Expires APR.14,1997 • •� � i • +� 4 4+♦ ♦fb♦��H++4 iM+-ii� WITNESS y hand and o fcial seal. 1A . Signature of Notary OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill In the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles PARTNER(S) LIMITED GENERAL xx ATTORNEY -IN -FACT TRUSTEE(S) - 'GUARDIAN/CONSERVATOR OTHER SIGNER 1S REPRESENTING: (name 04)momMox entity) _DEVELOPERS INSURANCE COMPANY THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TM-E OF TYPE OF DOCUMENT: BID_BQND NUMBER OF PAGES: 01 DATE OF DOCUMENT: 818/96 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 2 9 3 0 2 0 P.O. BOX 19725. IRVINF, CA 92713 • (714) 263-3300 NOTICE: 1. All power" authority herein granted shall in any event terminate on the 31 st day of March.1999. 2. This Power of Attorney Is void it altered or If any portion Is erased. 3. This Power of Attorney Is void unless the seat is readable. the text Is In brown ink, the signatures are In blue Ink and this notice Is In red ink. 4. This Power of Attorney should not be reteerned to the Attorneytsj In -Fact, but should remain it permarwrt part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severaly, but not jotntty, hereby make, constitute and appoint ""C. J. GRANGER, JR., ROBERT J. HANNA, TODD M. ROHM, D. J. PICARD, BEATA A. SENSI, JOINTLY OR SEVERALLY"' Me true and fecund Attomey{s}•fn-Fact, to make, execute, deliver and acknowledge. for and on behad of said corporations as sureties. bonds. "adakfts and contracts of su►etysh In an amount not exceeding Two Millon Five Hundred Thousand Dollars (52,5W,000) In any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and auttwn to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said Corpmtoons could do, but reserving to each of said corporations f power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMN11 COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1966; RESOLVED, that the Chairman Of the Board. the President and any Vice President of the corporation be. and that each of them hereby is• authorized to execute Powers + Attorney. qualilyrkrg the stio►ney(s) named In the Powers of Attorney to execute. on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secrete or any Assistant Secretary of the Corporation be. and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating ttTereto by facsimile, and arty sac Power of Atlomey or certificate bearing such facsimile somtures shall be valid and binding upon the Corporation when so affixed and in the future wfth respect 10 any bond, undertakl or contract of suretyship to which it is attached. IN WITNESS WHEREOF; INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have sevaaly caused these presents to be signed by their respecti Presidents and attested by their respective Secretaries this 14th day of June, 1995 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 0—Asual.By _� a F. YrncenU, Jr. PANYO� D leF.Yrncentl,Jr. Q��IiSURAtC Q OV' President X P f �, President Q� O 4 e+ r x = OCTS v ATTEST MAR. 27 y 1967 o y 1979 IF IF Br A Waver CIOWerI Walter ell Secretary Secretary STATE OF CAUFORNLA ) ) SS. COUNTY OF ORANGE ) On June 14.1995. before me. C.V. &ink, personalty appeared Dante F. Vvrcenti. Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfac evidence) to be the persat(s) whose names) Ware subscribed to the within instrument and acknowledged % me that he/she" executed the same h his.4w/their authorized capes ty(les). arrd that by hisAwAhe r signatures) on Vie nstrl+rwd the person(s). or the entity upon behalf of which the persons) acted, executed the Instrument. WITNESS my hand and official seal. ' 3 M C. V. BRINK ., COMM. SlOW712 Signature -as NOTARY PUMIC. CALFMIA t ORANGc COLIPM 11j1Comm Eap4Aug. 21.199d CERTIFICATE The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and SeniorVk•,e President of DEVELOPERS INSURANCE COMPANY, does he certify Utah the toregotng and attached Power of Attorney remains in fun force and has not been revoked: and furthermore. that the Wovisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney. are In force as of :the date of this Certificate. This Certificate is executed in" City of Irvine, California. this 2 r r - day of �V 4 199 (a , IINDEJMNITY COMPANY OF CALIFORNIA QµPkNyO,r DEVELOPERS INSURANCE COMPANY y�HsuR� /7t' a �f �'y QL o *, By . C (J x OCT. S 0 r'R Ely. — MAR. 21 LC. Fie ert967 LC. Fiebigux 1979 F Senior Vice President oy, rp �� �� Senior Vice President 'so 4 r f w FlUTNATIONALINSURANCECO.OF i 453J 13tooklrn Avaew NE 3+anutwA98145 010 BOND KNOW ALL BY THESE PRESENTS, That are, Lobana Engineering of 1130 Thompson Avenue, Glendale, CA 91201 (herelaafter Clued the priacipel), *s Principal. and FIRST NA s RARCE W.MPANY of AXIERIMA-77=1Rs, Wsshlastoa. a corp0rat1A duty erSanisad Under the laws at the State of W&Akstan to Putty, herelnalta+r celled the Surety, are held sad firmly bound unto the City of Huntington Beach_ (lM Iaafter called the obligee) to the penal rum of --------------- Ten Percent of the Total Amount Bid Dollar. (g 10°%- ) for the Payment of which the Principal and the Surety bind tbemfelvef, their heirs, executors, adva6litiatm, euccoasors and amIgns. jointly and feyanlly, firmly by there proo"ta. THE CONDITION OF THIS OBLIGATION IS SUCH, That Wherear, the Principd has sub pitted or is about to subunit ■ Proposal to tbo Obllrw on a a mtract for Alhambra Avenue Street Improvements Contract No. 1032 NOW, TiiEREFORE, If the said Cantract be timely warded to the Principal and the Principal alien, withla rticch time as may be speecifW, rotor Into the contract In writing, and give bond, if bond it required, with "uety acceptable to the 01>111 e for the faithful perfcrmum of the said Contract, ttsea this obligation shalt be Told; otherwise tv rerasla In full forte and effect. S'rgaed ana steeled tl& 13th day of August , s996. Lobana Engineering f5eell >'rwcipa FIRST NATIONAL INSURANCE COMPANY OF AMF.itiCA By zze:6Z eiiro R. G d $42" 7104 r IRST ATIO� SE.,:: POWER o� ATTORNEY FIRST NATIONAL iNSURANCE CO.OF AMERICA 4333 Bmoldys Avenue N.E seawe,WA 91I0S KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE CCKPANY OF AMERICA 4233 8RCKnYN AVE NE SEATTLE. wASHINCTON ea 10S No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Washington Corporatim does hereby appoint NO— 0 ■ONmRom muse N sJEFFREY R. GRYDE. San Clemente, CaliforniansassumNssssssssousewsa*mom SOON s Its true and lawful attorneys) -in -fact. with fUl authority to execute on behalf of the company fidelity and surety bonds or undertakings and outer docuT+ents of a similar character issued by the company In the course of Its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as !lily as If such Instrunents had been duly executed by Its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 17 t h an of November . 19 93 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELrrY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shalt each have authority to appoint individurals as attorneys -in -fact or under other appropriate titles with authority To execute on behalf of the cornpary fidelity and surety bonds and other docemenis of similar character issued by the company in the course of its business ... On any instrument rnaking or evidencing such appointment. the signai res may be affixed by facsimile. On any instrurnent conferring such authority or on any bond or Wdertaking of the company. the seal. or a facsrnile thereof. may be Irnpressed or affixed or In any other manner reproduced: provided. however. that The seat Shall not be necessary 10 the validity of ary such instrument or undertakirV Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted Judy 28. 1970. 'On pry Certificate executed by the Secretary or an SSSiStant Secretary of the Cor VNV Selling out. (i) The provisions of Article V. Section 13 of the BY -Laws, and 00 A copy of the power-of-anorney appointment, executed pursuant thereto, and (10 Certifying that said power -of -attorney appointment is In full force and effect. the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof; L R. A. PiersorI. Secretary Iof FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify thatithe foregoing extracts of the By -Laws and of a Resolunion of the Board of Directors of this Corporation, and of a Power of Attorney Issued pursuant theretc% are true and correct. and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation i this 13th day of _ August F . 1996 S-IDAVEa 744 CALIFORNIA ALL-PURPOSE ACKNOWLIEDOMENT State of California County of Orange _ On August 13, 1995 before me, Patrice Zeis, Notary Public DATE RkME.TrU OF OFFICER • E.6.,'JME DOE, NOTARY PUBLIC personally appeared Jeffrey R. Gryde NAMEIS) or s1c41EA(SI ® personally known to me-X�f?�xxc��e�lx?�dtyxca to be the person" whose nameW IskKA subscribed to the within instrument and ac- knowledged to me that helXXXOdy executed the same in hisdtKfCr authorized capacityQlXXX and that by hlsXWXMr PAMICE ZEIS signature(g) on the instrument the person06), COMM.11087195 or the entity upon behalf of which the a '. "°lmy POWRvis OWG cou persona acted, executed the instrument. UfQm lxinl*FMM WITNESS my hand and official seal. 111��jj 51DMATUAE OF NOTARY OPTIONAL W spa? Though the data below is not required by law, It may prove valuable to persons rely►ng on the document and could prevent iraudwent teatlachrnent of this loft, CAPACITY CLAIMED BY SIGNER ❑ ltiDIVIDUAL ❑ CORPORATE OFFICER T=(s) ❑ PARTNER(S) ❑ worrED ❑ GENERAL : L� ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: StGNER IS REPRESENTING: NRAAE OF PEasoa(5j OR EHrftrrES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01 M NATIONAL NOTARY ASSOCIATION • 9236 Rarvnel Avs, P.O. Box 7184 - Canoga Park, CA 919C?7104 ep BID BOND AETNACASUALTY & SURETY COMPANY OFAMMCj Hartford, Corrnes:ticut M58 KNOW ALL AMEN 13Y THESE PFESEINTS, That we, WEST COAST CONSTRUCTION Sand Na. as Prfrtdpal, liaminafter called the Principal, and AE-osNA CASUALTY & SURETY COMPANY OF AMMCA, of Hartford. Ccnnect.'cxt a,:aracrafien duly organized under the laws at U e State ct Cetirecdc t as Surety, hereinafter coiled the Surety. are herd and firmly bound unto CITY OF HUNTINGTON BEACH as Ct:ligee. hereinafter called to =(;ee, in Ctesurnof TcN PERCENT OF TO -;AL AMOUNT BID**** Mars (S 10� , fcr" payment of which sum well and truly to be trade, tho said Principal and the said Sure>:y, land ourselves, our heirs, executors, adminf=ters, successcm and assigns, ,aintly and severally, tirrnll► by these presents, WHE.FIEAS. tlae Pr"nc!pal has aLtmitted a bid for A HAMBRA AVE. STREET IMPROVEMENTS FROM SILVER LAND TO BEACH BLVD. #1032 NOW, T HE:REnF.r, N the Culgee shall acts the bid of the Principal and the Principal shall enter into a Contract with " 0:5g" in ace--rdarce with the tern.tern.m of such bid, and give such bond or trends as rr:ay be specified in the t dding or Central~ Documents with good and suffk�ent surety fcr the faithful performance of such C.;nu= and for the prompt payment of lacer and material furbished in the prosev.4on *%ereof, or in the event of the Failure of Me Principal to emer such Ccraract and gave 3ucn trend or bonds. if tlis Principal shall Fay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount fcr which the CbiIgee fray In good faith crntrac: yids anctr:er pary to perform the Work cave red by said bid, then C:is cblkpadon shah be ruff and void, otherwise to remain in full fond and effW- Signed and sealed this 8TH day of AUGUST ,99 96 WEST COAST CONSTRUCTION lPrti+opal t�1 AMNA CAWALTY s 3uREW CCMPAMY GF AMEMCA DIRK T. DEGRAW.. FMrrted In wopwntlon with the Arrtexfcan Insttttrte of`Art ttitncta (AfA) by Aah Casualty & Surtrty Corttpsny of Amsrics. The Innguiage in this document corndonns gmsctdy to the language used In AIA Occurnerrt A310, February IST0 edition. S-1969-3•1 t2-W PA CALiFOHNra ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) } Soso COUNTY OF San Bernardino ) On _ _-9G before me, FRANCES LEEL.ER lNOTRRY PUBLIC , personally appeared IRK T. DEGRAW ATTORNEY -IN -FACT xx personally known to me; or proved to me on the basis of satisfactory evidence to be the person(.&) whose name(e-) is/aze subscribed to the within instrument and acknowledged to me that (he/sh�ep) executed the same in his/ -i_ authorized capacity(iet".. and that the entity upon behalf of which the person(-si acted, executed the instrument. WITNESS my hand and official seal. ( SEAL) . ................«.«.........,.. FRANCES LEFLER Z COMM. #1058916 S P =���; NOTARY PUBLGCALIFO�NIA ' SAN $ERNARCANO COUNTY P 40Y Comm. Ecu may 14. 1992 � Signature of No Public Public CAPACITY CLA.IZSED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individuals) Corporate Officer(s) Titles -Partners) _Artorney-in-Fact Trustees) Guardian/Conservator ether: Signer is representing: Limited and and General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of docuunent: Number of pages: i- Date of document: SLgner(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. "311MW AETNA CASU< & SURETY COMPANY OF AMERICA h- ..rrd. Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SI-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA, a corporation duty organized under the laws of the State of Connecticut, and having its principal office In the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Jay P. FieatNn, KzUy A. Saitrrm OC Dirk T. Oetkalr — — of Gta-10, a].fam a , its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his sole signature and act. any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and all consents incident thereto and to bind AETNA CASUALTY & SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of AETNA CASUALTY & SURETY COMPANY OF AMERICA, and all the acts of said Attorneys -in -Fact, pursuant to the authority herein given, are Hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect. VOTED: That each of the following officers: President. Any Executive Vice President. Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries. Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED: That any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. an Executive Vice President, a Senior Vice President. a Vice President. an Assistant Vice President or by a Resident Vice President. pursuant to the power prescribed in thecertificale of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or her certificate or their certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now in full force and eHect: VOTED: That the signature of each of the following officers: President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President. and its corporate seal to be hereto affixed this 12th day of OCU bEC . 19 95 AETNA CASUALTY �&.SURETY .COMPANY OF AMERICA By State of Connecticut -,O Terry F. Lukow I ss. Hanford Vice President County of Hartford On this I2th day of ocbob= .1995 , before me personally came TERRY F. LUKOW tome known, who, being by me duly sworn, did depose and say: that he/she is Vice President of AETNA CASUALTY & SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. + e+ate My eommiraion expref Alpusl 31. 199a Not W PubGe Dorothy t.. Marti owe. CERTIFICATE I, the undersigned, Assistant Secretary of AETNA CASUALTY & SURETY COMPANY OF AMERCIA, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. G Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this o y� day of a� cat,, 7 19 �� AL-- t By y r Ross Gonsoulin O� Assistant Secretary S4422 (7.95) REQUEST FOR COUNCIL ACTION MEETING DATE: 7101/96 DEPARTMENT ID NUMBER: 96-038 Analysis: Staff has completed the design of the project which consists of the construction of new pavement and spot construction of missing curb, gutter and sidewalk where required. The project will upgrade a residential street to new subdivision standards and help revitalize a neighborhood under stress because of deteriorating street infrastructure. Alhambra Avenue is located in the Washington Enhancement Area (Census Tract 994.11; 42.48% Low -Moderate Income Households) which makes this public improvement project eligible for Community Development Block Grant funding. This project is proposed to be constructed in two phases as the funds become available. The east half of the street shall be constructed first at a cost of $100,000. An additional $64,000 is required to complete the west half except for the last 200 feet which is the most costly. The last 200 feet is proposed to be included along with Silver Lane street improvements in a future project. Staff will recommend that the Citizens Advisory Board reprogram additional funds to Alhambra so that both phases can be completed in one contract. Staff recommends that the project be bid to include construction costs for the two phases, with the bidders knowing that one or both phases could be authorized as funds are made available at the time of bid award in August or September 1996. The final contract to be approved by Council will describe the scope of the work, whether the project includes one or both phases, and will describe the source of available funds. Environmental Status: Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 96-1 for twenty one days and no comments were received. The Negative Declaration was approved by the Zoning Administrator on March 27, 1996. Staff recommends that the Council approve Negative Declaration 96-1. Attachments 1. Location Map 2. Sample Contract 3. Negative Declaration gm,ree,aat 0019324.01 -2- 06/17/96 419 PM PROJECT: a&HMOMRa fl�lPl�O��]Pln�l `r� PGA©�IGG `t� LOCATION MAP FILE: G\ACAD\CC1032\LOCMAP.DWG SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR ALHAMBRA AVENUE STREET IMPROVEMENTS (CC-1032) TABLE OF CONTENTS Page No. 1. COMPLIANCE WITH H.U.D. REGULATIONS 1 2. STATEMENT OF WORK; ACCEPTANCE OF RISK 3 3. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 4. COMPENSATION 5 5. COMMENCEMENT OF PROJECT. 5 6. TIME OF THE ESSENCE 5 7. CHANGES 6 8. NOTICE TO PROCEED 6 9. BONDS 7 10. WARRANTIES 7 11. CALIFORNIA FAIR EMPLOYMENT 7 12. CALIFORNIA PREVAILING WAGE LAW 7 13 CALIFORNIA PREVAILING WAGE LAW - PENALTY 8 14. CALIFORNIA EIGHT HOUR LAW 8 15. CALIFORNIA EIGHT HOUR LAW - PENALTY 8 16. PAYMENT OF TRAVEL 9 17. EMPLOYMENT APPRENTICES 9 18. PAYROLL RECORDS 9 19. LIQUIDATED DAMAGESIDELAYS 10 20. DIFFERING SITE CONDITIONS 11 21. VARIATIONS IN ESTIMATED QUANTITIES 12 22. PROGRESS PAYMENTS 12 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 13 24. 'AFFIDAVITS OF SATISFACTION OF CLAIMS 13 25. WAIVER OF CLAIMS 13 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 14 27. WORKERS COMPENSATION INSURANCE 14 28. INSURANCE 15 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 15 30. DEFAULT & TERMINATION 16 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 32 NON -ASSIGNABILITY 17 33. CITY EMPLOYEES AND OFFICIALS 17 34. STOP NOTICES 17 35. NOTICES 17 36. CAPTIONS 18 37, FEDERAL PARTICIPATION 18 38. DAVIS-BACON ACT 18 3hcrA"mApAf0&t &Sd TABLE OF CONTENTS - Continued Page No. 39. EQUAL EMPLOYMENT OPPORTUNITY 18 40. DISCRIMINATION, MINORITIES, ALIENS 18 41. COPELAND ACT 19 42. CONTRACT WORK HOURS 19 43. IMPLEMENTATION OF CLEAN AIR ACT 20 44. ENERGY CONSERVATION 21 45. HOUSING AND URBAN DEVELOPMENT 21 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 21 47. MINIMUM WAGES 22 48. WITHHOLDING 25 49. PAYROLLS AND BASIC RECORDS 26 50. APPRENTICES AND TRAINEES 28 51. SUBCONTRACTS 31 52. TERMINATION; DEBARMENT 31 53. DISPUTES CONCURRING LABOR STANDARDS 31 54. CERTIFICATION OF ELIGIBILITY 32 55. COMPLAINTS, PROCEEDINGS BY EMPLOYEES 32 56. VIOLATION; LIABILITY FOR UNPAID WAGES 33 57. ATTORNEY FEES 34 58. ENTIRETY 34 3WAtmms: Aml er96 SAhiPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ALHAMBRA AVENUE STREET IMPROVEMENTS (CC-1032) THIS AGREEMENT is made and entered into on this day of , 19 , by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Alhambra Avenue street improvements from Silver Lane to Beach Boulevard (CC-1032), in the City of Huntington Beach, California; and Pursuant to Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low-income Persons, Section 3 contract clauses, the work to be performed under this contract Is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3); and The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. COMPLIANCE WITH,H.U.D. REGULATIONS The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the SAMPLE ZWA1WM&RAMaw parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and 2 SAA1PLE 3WAU'AMGPA W1 am With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible @ preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 2. • STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall famish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, Including. but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 3 SAMPLE 3. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by BuMer's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOWs proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, 4 SAMPLE 3nuAvoj SP.V r1aSs special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR' to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 4. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ] as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. S. COMMENCEMENT OF PRQJECT CONTRACTOR agrees to commence the PROJECT within (__ working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within working days from the execution of this Agreement by CITY, excluding delays provided for herein. 6. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. • CONTRACTOR shall prepare and obtain approval as required by the Contract Documents'for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. 5 SAMPLE 3WAU4AMB"VI SW ti CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters conceming the timely and orderly conduct of the work on CONTRACTOR on the premises. 7. QHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. , When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and time proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. B. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by 6 SAAlPLE 3WAu4Ausa.u6r SM CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. 'BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 10. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 11. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the CaGfomia Govemment Code Sections 12900 et seq. 12. CALIFORNIA PREVAILING WAGE LAW !- The CITY has ascertained from the Director of industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for 7 SAMPLE 3nvauKMSRA/ 18M legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 13. rALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 14. CALIFORNIA EIGHT -HOUR LAW Califomia Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in Califomia Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with Califomia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 15. CQALIFORNIA EIGHT HOUR LAW» PENALTY Pursuant to this Agreement and in accordance with Califomia Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for 8 SAMPLE sr►crA"MBRAMI M each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 16. 'PAYMENT OF TRAVEL ANDS BSISTEN E ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime. hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of Catifomia Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 9 SAAlPLE SWAU-1►MSPAMI SM 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for 10 SAMPLE snuALsouaAWSn M materials required by this Agreement to be fumished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shaft be the sole remedy of CONTRACTOR. 20. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly, I SAMPLE 3XAXVAMeRVW1 &W (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES :The quantities listed in the bid schedule will not govern final payment Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fad and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 22. PRQQRESS PAYMENTgi Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder. less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be f paid such sum as will bring the payment of each month up to one hundred percent (100%) of 1 12 SAMPLE 3WAuakuBRAM SM the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT -FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been fled under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 13 SAMPLE 3WAu,AmSRV& ergs 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect. defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or • indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY. but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS' COMPENSATION INSURANCE Pursuant to Calrfomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars (S900,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars (S100,00% bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 14 SAIMPLE 3.WAU4Ati8RAJW1 &W 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement in a amount of not less than One Million Dollars (S1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars (S9,000,000). In the event of aggregate coverage. CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. QERTIFI ATES OF INSURANCE: ADDiTIONAt_ INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance 15 SAMPLE 3WALMMSRAMI eras coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attomey for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunderwith diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR. CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DIS Qa ITION OF PLAN. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, 16 SAMPLE WAv4AMSRV&1&U drawings, reports. calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, &any part hereof. or any right or duty created herein, without the prior written • consent of CITY and the surety. 33. ' CITY EMPLOYEES AND QFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Cafifomia Government Code Sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop notices, notices to Withhold, or any similar legal documenL Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 17 SAMPLE 3WAU4AMBRV&18M 36. , 9rAPTIQNS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. :FEDERAL PARTICIPATION The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. EQQAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with ail provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR shall not discriminate nor allow its employees, agents. principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. 40. DISCRIMINATION, MINQRITIES,ALIENS CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or 18 SAMPLE age to ensure equality of opportunity in all aspects of employment. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and.advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874). as supplemented in Department of Labor regulations. which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 1. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR. part 5). The Contractor shall 19 SAMFLE anvALPAmBP-AM &96 comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). 2. Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek, whichever is greater. 3. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 4. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. 20 SAIMPLE 3,WA[FiAmBPAWt S6 (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communications from the Director, office of Federal Activities, EPA. indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy policy and conservation Act (42 USC Section 6201, et 0-4 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 21 SAMPLE 3WAL14AMBRAMI BW Huntington Beach City Charter Section 309. the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 47. MINIMUM WAGES. (i) :All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereto) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each 22 SAMPLE 3WALFW M9RAMM &W classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CPR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH•1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. {ii) (a) Any class of laborers or mechanics which is not listed in the wage detennination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry. and (3) The proposed wage rate. including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington. D.C.'20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 23 SAMPLE 3WALWMBAA VI Z M 76 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate). HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator. or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number'1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly fate, the contractor shalt either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (tv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, 24 SADIPLE 3WAuiAu aRV&1 ar95 that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number'1215-0140.) 48. WITHHOLDING HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner. take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 25 SAMPLE snunuAmBR usn M 49. PAYROLLS AND BASIC RECORDS. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949. in the construction or development of the • project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis -Bacon Act the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii} (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the 26 SAf►1PLE 3WALKAuePrenaM contract but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete,, (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work 27 SANIPLE 3VAuom8R r*n$W performed, as specified in the applicable wage determination incorporated into the contract (c) The weekly submission of a property executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of:Compliance" required by paragraph A.3.(i)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1 001 of Title 18 and Section 231 of Title 31 of the United States Code. (ii) The contractor or subcontractor shall make the records required under paragraph A.3.0i of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 50. APPRENTICES AND TRAINEES. (i) Apprentices. Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona 28 SAMPLE 3VALmAmBR,V&1e9e ride apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or it a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition. any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractors or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails 29 SAMPLE 3WAUAMBRAI rM96 for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii} Trainees. Except as provided in 29 CFR 5.16. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. It the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program 30 SAMPLE 3WAui&mS-sM11sr9s shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (i) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 51. SUBCONTRACTS. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower subcontractor with all the contract clauses in 29 CFR Part 5.5. 52. TERMINATiQN; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 53. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6. and 31 SAMPLE 3nvnu+Amsw t&96 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 54. CERTIFICATION OF ELIGIBILITY. @ . 'By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (i) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. {fir} The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.' 55. COMPLAINTS. PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. . No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about 32 SAMPLE 3WAuPAu BRAIWI M to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. 56. VIOLATION' LIABILITY FOR UNPAID WAGES_ LIQUIDATEQ DAMAGES. Jn the event of any violation of the clause set forth in this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this paragraph, in the sum of S'l0 for each calendar day on which such Individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth•in this paragraph. REST OF PAGE NOT USED 33 SAMPLE 3WALNAm8RAW 8,S6 S 57. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 58. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (clyde one) Chairman/PresidentNce President By: print name ITS: (ctirde one) Secretary/Chief Financial Officer/Asst. Secretary -Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California - Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: AE Director of 34 SAMPLE IWAuiAMBrtAW &96 to testify in any oceeding under or relating to the labor standXIDATEID plicable under this Contract to his emplo r. As used in this paragraph, the termsrs" and "mechanics" include watchmen and guar 56. VIOLATION' IAST I OR UNPAID WAGES-,LIQ_ DAMAGES. In the event of any violati of the clause se orth in this paragraph, the contractor and any subcontractor responsible erefor sh I be liable for the unpaid wages. In addition, such contractor and subcontractor shall li le to the United States (in the case of work done under contract for the District of Columbi a territory, to such District or to such territory), for liquidated damages. Such liquidated amag s shall be computed with respect to each individual taborer or mechanic, including w tchmen an uards, employed in violation of the clause set forth in this paragraph, in the s m of $10 for each lendar day on which such individual was required or permitted to work n excess of eight hours in excess of the standard workweek of forty hours without ayment of the overtime wages quired by the clause set forth in this paragraph. ST OF PAGE NOT USED 33 SAMPLE IWALMMBRAMM OFFICE of the ZOtiING ADMINISTRATOR_ CITY OF 11U.NTI\GTO` BEACH • CALIFORNIA P.O. BOX 190 (71 4) 536-5271 NOTICE OF ACTION March 29, 1996 CALIFORNIA 92648 Petition Document: ENNZRONINIENTAL ASSESSMENT NO.96-1 (ALHAMBRA DRIVE) Applicant: City of Huntington Beach, Public Works Department (Property Owner) Request: The project consists of improvements to three (3) segments of Alhambra Drive and will bring the entire street segment into conformance with the adjoining segments. The existing street paving along most of Alhambra is currently at the designated local street width; improvements along this portion of the street will consist of installation of sidewalk, curb and gutter within existing right-of-way. Just east of Silver Lane the street wiII be widened consistent with the rest of Alhambra. Sidewalk, curb and gutter will also be installed in this area and will be conti,med along Silver Lane at the corner lots. The project will not require the acquisition of property but will result in the loss of 11 mature trees. Location: Alhambra Drive (between Beach Boulevard and Silver Lane) Project Planner: Mary Beth Broeren Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on March 27, 1996 and your request was Conditionally Approved. Included in this letter are the Conditions of Approval for this application. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party.' Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Six Hundred Fifty Dollars (S650.00) if the appeal is filed by any other party. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April8, 1996. Environmental A sscssmeat No. 96.1 Page 2 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after the final approval, unless actual construction has begun. MITIGATION MEASURES - ENVIRONMENTAL ASSESSMENT ISO.9b-1: I. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. 2. The applicant shall submit and implement a traffic circulation plan identifying the routes which construction equipment and trucks will use to access and depart from the area for review and approval to the Public Works Department I0 days prior to initiation of construction. The plan shall use routes which will generate the minimum number of circulation conflicts with residential, pedestrian, bicycle and vehicle traffic. 3. ..The applicant shall provide construction signs a minimum of 10 days prior to start of construction activity. The signs shall indicate the nature of construction, its expected duration and provide a contact name and phone number for the project. The signs shall be located on Alhambra Drive. 4. Pursuant to a landscape plan reviewed and approved by the Departments of Public Works and Community Development, the applicant shall replace 11 trees at a 1:1 ratio. Replacements trees may be planted on private property or in the public right-of-way. 5. The applicant shall notify the City of Huntington Beach Fire and Police Departments of any street lane closures a minimum of 24-hours prior to the initiation of street improvement activities. It is recommended that you immediately pursue completion of the Mitigation Measures and address all requirements of the Huntington Beach Municipal Code in order to expedite the processing of your total application. (g:ta:1trca96-1) EnvironmcnW Asscssmcnt \o. 96-I Pap 3 I hereby certify that Environmental Assessment No. 96-1 was Approved with Mitigation Measures by the Zoning Administrator of the City of Huntington Beach, California,*on March 27, 1996, upon the foregoing conditions and citations. Very ly our , Herb Fauland Zoning Administrator HF:MBB:Iek p - NOTICE INVITING BIDS C-1032 Community Development Block Grant Funded Project Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Ilunt.ington Beach, California, until the hour of 2:00 p.m. on August 15, 199G, at which time they will be opened publicly and read aloud in the Council Chambers for the Alhambra Avenue Street Improvement Project from Silver Lane to Beach Boulevard in the City of Huntington Beach. This project is federally funded in whole or in part by the Community Development Block Grant program and all requisites of Title24 of the Code of federal Regulations apply including Section 3, Part 135 (directing economic opportunities to low- and very low-income persons). A set of plans, specifications, and other contract documents may be obtained on July 12, 199G at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a nonrefundable fee of S20.00 if picked up and $25.00 nonrefundable fee if mailed. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalifiied as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of funtington Beach, California the first day of July 1J9G. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648