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Fleming Engineering, Inc - 1980-04-21
�"IIWHEN RECORDED MAIL 10: CITY ,01:'HUNTINGTON BF -A 0 +RscckbINo office of the City,.Clcrk RepuF-VED BY. N. U. Box Igo Faun int�lon' k�e��cl�, C,1lif. 92648 3►� 13734A 433 9637 CC-514 t CXLEE M9. NOY'iCE ETION NGTIC1: Is' IICREBY GIVEN that the contract heretofore awarded by the City Cou ici l of th.- City of Htiht:,in4ton Beach, CA1`1forms to FLEMING ENGINEERING, INC 13909 A'rtesi'a Boulevard, Cerritos, CA. 92701 who was the company thereon for doing the following work to -wit: the. �nstructrn of access rainps et various locations, Proec , t CC-514, in the City of Hungt tinon E each, Calfforma. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9.05 A.M. S E P 80 1980 LEE A. BRANCH, Caunly kocaidar That sold work was completed by said company according to plans and specifications and to the saLisfactioit 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 It a regular meeting _.�: ..� ;t�• i*� thereof held on ti1P 18 day Of August, 1980 ` • idT at upon s centr8ct ::e� Z;N�DUSTRI- ;Ar• L%•INDEMNITY ;:'i$.���•,���••. COMPANY WAS surety for the bond given by the said Company as required by law. t,e;,: Dated at Huntington Beach, California, this 19t(1'I day of _ August 19 80. � Al •� rr/ C1erk and';ex-offtd1b elerrk of the City 'Council Hof' t:he CiTy of Huntington Beach, California STATE OF'dALIFORNIA 1 Cou " m:: ,.�. �►,.:. ,. y Of Orange ) ss: CiLy of. Huntington Beach ) I AIACi I M rrENTWORTH' th d elec ' an uafri ie r ..64. , e my tied d c{ lified City Clerrk and e�t- ficio Clerk of the City Cou cil o£,the� City of , k" gQ .{, • , r. .. :., ai:. ' �^....r''• y yam, •QM n unc.er enalt of-;er u that._the�� ire o unt n ton B•eac_h Calfo pia do hereby ce` `,.., .,.,.s ,. o $. rtify, ,P. ,' . ,'n,y r+P .� .�'Y,• �~ ;COMPI►ETi0N8�aas dulyzaiidO=eCO1�LETYord'eied rue end correct,,, and ttiaL ss{d . NOT,.rE OF gu y to be recorded 'in the Office of the 66unty Recorder of Orange County by said Ci.ty'Council. Dated at iuntington Beach, California, this 19 b deny of Thi a,, documert is solely. foir� the o`friai'al buslnoas ;of the. City ,,. �. . of hiintinEton Beach, As aontam- "' A 'sud,hnnaer Government Code Sou. 6163. and ` shou'd'd be riaorded free of charge. AttgUst , 1980 Fo -City; CIO-rk"itnd ek;officio Clerk of the City Council of the City of Huntington B;;ach, 0611fori is CC-514 ffiFJCEj!TED APR 3 01980 I C 0 N T R A C T THIS AGREEMENT, made and entered into on. the._,21s"t day�,.0`fii-V61%'-11,, Arl"I 19 80 s bk. i�d betwedn the CITY of HUN , T'I'N-GTON BEACH a municJpal corporation, *he'reinafter referred s to as CITY. and FLEMING ENGINEERING,, INC. he'reinafter veferred to as CONTRACTOR, RECITALS : WHEREAS, in accordance iwith' the provisions of da, li f' o r"nia CbaL* sd d 6 1: Vn 17 7 3 3 je b i rie'6t6 r *0 f t b e D e'p A r� in eiln' t 'o f In -- a t rmif- general pr6vailihg rate of dustriaT—Rdlatio-n's tihall d'ei` di Ye th' wages appitbable to the work covered by t1f6.contract; qppies, of. the la�tq"ot g6h6r'a1 � �evaili�hg wag d6termina ion f I 1e in p e s are on the office -otthe City Clerk .arid 66 _made a part,Yieeeof. The.,.sudp- plem'6fitary c6hditi6ns attached he'reto ate part of this contract and incor-porated herein; and The 'City Council Of, the 'City of 11U6ti:n"gt6-n Beach, County o fCalifornia , pur uan, Oran g-e,, �S ba�e of S" t to statutes in slicb. cases mi�de` 'a-da" 'p-rovided, O�,ly an'-d' re""g"u'.1arly paused a notice to .'be_pub'- bids for la'bor. materialequipment 11 s'fie"'a calling �or, tools and. f o'r the c"o"n"sirudibin of access raAp's. at �'a"'ro"i ous 16cations,, Pr6'jjkt CC-514, in said city of iT,,U'ntin'4' "Ca Cal o"r"hia said work to be 'con- 8ton Beach, 3 str''u-'et'ted &'ddhg to pec c plan a,ti6ns:,.anJ Public 31-��Ifor,;-same i-61-1 .,fIlefnth,e offfbe 'or th,e Direqt,6r. 'of W,orlcssands adodpted by the City.. Cbu'hcil 'of tlVe City of Hai? _n1gbon Be a-c-h on tAe 3 di 1980 a ) nd reference is h-e*r'euy m6d"e, ay 6f mar. 3 to_ such. pla:ns . -specifications, 1aTnd,.rj`pe`c'ia:L provisions Ad by such refereiice incorporated as th'ough set out In full herein; and T "Ci ty o u 11 at a regu tin the and at The n,c lar mee h h6 time e and dplace appoIn 1 n' 't6d.�h`6re'fo'r received the rep*ort of the ;", , ' PC results of ,.the bids butmitted by tfi6,.r6sp,616tive. bidde'r`s fdr. the constructionand 66mpletioni of the ib6ve-mer`,6io"ine d trorlt, and .after careful co6sidera'tion of all 61ds i(ibmitted to, the City Cpud'nc'111J` awarded the contract therefor to the con'tridto'r therein named at the prices set fo rih in his bid, it belng the 16w'est ant; bes't bid IS A: ah b 12/21/79 C-1 received by the said City Council, NOW, THEREFORE, in consideration 'of the covenants and agreements herein contained, being done a`ti'd performed by the parties hereto, it is hereby agreed as follows: tha 1. By my signature hereunder as tCONTRACTO,R, I., certify "t I _am aware of the provisions of Callfornia Labo - Code section fo�Oworkersrecomrensati'on orntoyunde`rtakeiseured�against liability p self-insurance i'n,,accord- aroeiso�nswith tbefhe orevcommenci'n ;A"tthe hat cerf�rmance ofltl comply with _'such p" g P he work of this G•ontract. 2. CONTRACTOR agrees to,.receive and accept Has full com- pensation for furnt`sh n'-g all materials sand' for doing all the work CONTRACTOResubmittedriry '�?6 " al a' ' , d �" jgV p ` 'di bed inpth`iis a reement the ,unit ri ,A, , P yes py p' p*6, is attached) hereto a d„zinc oe City 1 which: vra� aece ted, b th � � ..�_, ,;u�►• .r. -.r1 rt i_ Co ubci l . y , > . . 1 prated herein b'� oref erence�andama.de a par hereof.., .CONTRkdT'0R flurther a rees that 'said payment b CITY shall i�i i de all a ments for all loss or damage arising ouL of the nature of the work afore M�� ' the action.} of .,the, elements , or from any,,, un-- froc eseenadifficulties„ or c iructions which `may arise or be e`n courtere�d in the prosecution of the, work until its acceptance by , of• d ffo'caallrexkenseseincurredc�ipt`ion con`�ec`ted• with;, th 'rk also p; i y or in con3equence oi' to CI , wo , 41��:: ,:,� he s'uspeh' 'tbn 'or 'd'iscontinuan'ce of work„a:"- for well and �faitt fully cornplet `n9 the work, and the whole ,tfieroof, i�1 tYie man" e'r and ac- Icord , ;to th`e plans and specifications, and the requirements of the engineer under them. 3. CITY agrees ,bwith.,,sa`id 'CONTRACTOR to employ nd does hereli a 1 Y ,P y �;}_,L� � .. �,� .. ate'rials and �a do the work accordin to .the terms and cor�ditions h .. �;:.:. em to the 'said CO,NTR�ICTOR to provide the m `N' erein contained and referred to., for the prices aforesaid, and hereby clont'racts to . ra iin S pay y,,�„ ,_ Y time.,, "' "��' e r and,,`upori .tfe conditions set fortii in the special. provisions ndnth'e' said �pavtie"s r r, then'- a the flame at the time in, the s;. b., . hna Y+ R Ire s ; i« se1Ves,x�their,heirs , executors,.,adm'iiiiatrat',bis, ,successors and as- 1,r, �` ,� ky ��g ,, `actlb'irdra of ritco,fof.19 7�0' OOenants si ns' dohereb a ree to theherein con�%S' deSey nrl t ndLtrVPine�1 r -,.1�.�.. • '; :'lam., �r..•Een Thom n ��t shd no 'Cr100reffiSTS which amount is subject to adjustment upward or downward dependent uponin-place quantity where ap;piicable. 4. It. is furrther expressly agreed by and be veep t!.e tti parties hereto that should there be any conflict between the terms c-2 44 0 m of this i'nstr"timer t and the bid or this ffis trument shall control and as an acceptance of t:ie said terms herewith. ML 46 °ru osal oraid CONTRAC rTOR then ns nothing herein shall be considered of said proposal conflicting 5 ... Bid , bond . CONTRACTOR, B OR; errshsecagrees that his pro-- er eual +toa10 rb�Taccompanied by: a bidd'� security in an amount e q Ate, pe cent of his bid i'n acgordarce with California Government Code sections 3,931 e't se 6.�< Bonds The bond, or bonds,�regW red to b'ez f,.urnis,,hed t•o 'C` his contract coverin CONTRACTOR JTRACTO R S faithful .Per {,, .YL. aneeunthe cost of labor Gild ma't rial`s expended, and CONTRACTOR P�orm ,'S one-year warranty must be furnish"ed to and acre* ted b, CITY. pr ot� ommen y ""` ' }� All bonds must b t amou'7'.�... •' � he to, e` ncemerit of an work hereunder., a in stated in the ,,special p�'ovisions incorporated het ef'n; and in amount , such form as is acceptable to the City Attorney. 7 . ViTranty e.. All Work pe rfoHhed in accordance ;with th`eae plans, standard s'pecificati`onsw ,arid special .p,rovislons i.ii-- ludin bud not liinritedcto,, echshio,, installation, fabr'i.ca- ion� *meLerial and stru' Lo,, worm Rananical or electrical facili- ti es shall be Warrant 6,d for a pye �i.od of one year commenc'i'n`g with the filing,,nf the notice of completion and acceptance of the con- tract b�y CITY un_.es3 specific areas are to be warranted longer as provided in special provis ions . Security. for siich ' warranty may be provided as ,part of the ;faithful pe'rformarice bond:'or ,by a separate bend and shall be i�n the.,full amount of the performance bond. Release of the performance bond shall 'not_ release the warranty portion of the bond or the separate warranty bond. CONT.RACTOf�, v�ithin ten (10') days _after 'n`otif i'cation oairsdereclacerthetdefectivif edi1t"e Will either make, appropriate re- P P- m or items or show reasonable eause'as to reason for his delay, and refusal or failure to com- ply will cause CITY to file claim against the bond. 8. agrees to u ti 1 Californiaj-,Fai r,. E' P1 ze fair employment prac Practice"Act. CONTRACTOR .ces in accordance with (Rest of page 'not used) c-3 r�l z r 1 I .. a r California Labor Code sections 1410 et seq. '.r'T�. ,. . IN WITNESS WHEREOF, the parties ;,hereto have executed this contract the day, month and year first above written. ITY 0` -F I1UNTTNOTON BEACH, a municipal corporation Da tedd c��" ��� g ra A T T EST City Clerk The ar.tir.Ve's covered, by contract rnu"s"t conform toi'the ,,'Saf.� :aet ,r tom, .,- y Orders of the S tatie-.of Cal'i£ornia, Division of Industrial Safety.'.. I certifys that, I .have read the foregoing and will comply. DATED: Apra 21, 1980 0 A R i 16ming Engineering, In'c. S TE OF CiliFORNIA, is. UNTY * LOS ANGELES ,. jj OFFICLAL Ht%[4k, CATHERINEII MMIPE WS NOTARY PUBUC = CAUFORNIA LAS AMEN COUNTY My carwromw son Jun. 9,1goo ACKNOWLEDGM[NT—Corp., Pies. l Sec., Wolcott$ form 223—Rev. 3-64 Py dP Mayor APA00VED AS TO FORM: ,Cor"Partne;cship,, Co;partne sh1p, Joint Venture, Individual or ) By .. V. Position or Title By T_310os. rtay 7 , 19 � 80 .sci" in .and ;'for said State, persona lly'"appeared =Fl�rnin -..,Z, known toy me; to' Ee the :President and HarrC. `'0ross ,known tome to be"the Vice 'Pies. M of Fleming i-i'migineering, Inc. the, CojForation -that executed the within'inslniinent known tc�i46 to be the pelsons� io eXi4Cbted;th_i1M fiiri Instrument, on behalf, 'ot the Corporation, he►eln named, and acknowledged to �'rnd that such Corporation;executed-the within instrument pursuant to its by-laws or a r0ol0lo"n"61its board of directors. WITNESS MY hand and official seal. belare me, the undersigned, a qW LE �J m .. 0 Calirornia Labor Code sections 1410 et seq. IN WITNESS WHEREOF, the parties hereto have execu ed L.his contract the day, month and year first above written. CITY OF. HUNTINGTON BEACH, a municipal corporation Dated. Mayor .r ATTEST': APPROVED AS TO ToORM: City Clerk M: ;. 3•-�' µ;,pi. Th'e articles covered , by this 'contract must, conform to "the Sa*'e"fyy Orders 'of the S,tat.e ,of, Cal'iforrii'a, Division of 'U'sifta"I Safety. I certify, tYiat I have rea4 the foregol", and will comply . DATED: April 21. 1��0 0 A R. Fleriing Engineering, Inc. APPROVED A5 TO BORN= G•AIL HUTTOV City Attorney B• Doput City Attorney c-4 Cor o� Partnershi'p, Go' partnershi-, .joint Venture, individual or ) Bye V. N Wit= Position or Title By Position or Title N ® 1' U.S. DEPART14ENT 6F HOUSING AND URBAN DEVELOPMENT MAZER AND SEWER FACILITIES GRANT PROGRAM GENERAL CONDITIONS 1. Contract and Contract Documents The project to be constructed u � s < p ' j p rssant to t}iis contract will be financed with aesietance from the Department of Housing and Urban De-eloprnent and is subject to all applicable Federal laws and regulations. Su" plamental,'Geheral Conditione shall `form art 6'f iiie Contract and'the ~rov ai ns thereof T}ie ,Plans S ec iations and Addenda• herelnafte:. enumerated ;-irt r• ra rah 1 bf'th g p p y p able shall be as bindin u on,tite artiee� hereto as if the were'he-, full net forth The t said a %rt'entta area solely to ac litate lreferei ce to' variouetprovisions 'of°the Contract in g , g g ontained herafn an `act Documents and``In no way affect, limit cr cast light on the interpretation of the provisions to which they refer. Conteits* .l. CAtract and Contract Documents Z. Definitions 3. Additionai Instructions and Detail Drawings 4. Shop, o Setting jDrawi'ngs 5. ,Materials;, Services, and Facilities 6. Contractor!s �TT tle� to'Matrrials 7. In pcctiori and Tea ting of Material.s 8. !'Or Equal" Clause ' 9. • Patents r� r 10. Surveys,. Permits and Regulations 11. 'ContractorIs';Obligations 1Z. Weather Conditions 13. Protection of Work and Property— -Emergency 14. Inspection 15. 'Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time, for Completion and Liquidated 2.0. Correction of.. Work6, .,..,, I�.•.. 3 it 'Subsurfac'e ;Conditions Found 'Different 22. Ci'fine'for`Extra Cost 23. Rislit off,Owner to Teirminate Contract 24. Coh"struction Schedule and Periodic Estimates 25. Pa' yi•ients to Contractor 26. Acc'e`ptance of Fihiil'Fay-ment as Release 27. Payments by Contractor 2B. Insurance *See alphobetictl subject Ualex at end. HUD-4238S (9-70) Pteviovr edition Is obsolete 29. Coiit'ract Security,... 30. Additic'nal or Substitute Bond 31. Assignments„ .,, h. Mutual,Responsibility of Contractors '33. .Saparate d'Afi a c t a 34. Subcontracting 35. Aiciiitec. JEngineer's Authority '36 �Statcd A1lowances t 37. �Use�cf:Pre' site and Removalof Debris 38. Qua`ntiti'es of Es mate 3,9. rLada';and R'igkts-of-Way 40. Ge' eral' Guaranty, 41. Co'nflictink'+Londitions ,., ' 1u<r• • A p l�M'.A 42. Notice and Serv#ce Thereof, 44. P,rotectioii4oi' Livons DeesmedJ�serted 43. Required, Provisions . , oK",� es and Health 45. Subcontracts, 46. 'Equal EmIployment Opportuni ty 47. t erest�of`Me�nber of CoongTess 48. other Prohiibited 'Iintereato 49. Use Prior. to Owner's Acceptance �������� .ter..'` 50. P I oe.grapha ; . 1. $u ye ' ion o : iNork 52, r°rtt rn • Wages 53. iffl}ittoldirtg``Payments 54. Payrolls and Payroll Records 55. Ai, entic6a 56. Ccimpliance with Copeland Anti -Kick- ,; 1 _back'Act • £7, Ove'rtlm e P gns 59. Err ployrnent b'ractices 60. Cohtrart Termination; Debarment ?. Deiinftions The following terms as used in this contract are respectively defined as follows: (a) "Contractor": A person, siren or corporation with whom the contract is made by the Ocwbcori actor"• A. erson, firm or core (b) .,ubcontr' p corporation" supplying labor and materials or only labor for wcrk at the site of the project for, and under separate contract or agreement (c) WWork on (at) thet�r. ��; project, " o .. "'.,. , incl td- �`p, oject ,, Work to be performed•at the location of the ing the transportation of materials and supphessto or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail'Draw;ngs r' c "rT11".l, r' •i: i7 'p the aadit:on'all~draW{n g and'{ nCcellBary The Contractor will be furnished ad 'ttionaline ructions an3 detail draw{ to carry, out the I wark 'included in `the contract nstructians thus supplied to the Contractor.will coord{gate with the Contract Docurnenta,aiid will be.:eo prepared that 'they can be. reasonably Interpreted asp part t}�ereof. The Contractor shall Contractor;arid :the A'r•chitect/Eiiginee`r will`prepare jointly (a) a scha'd le,�f{ ngions: The carry out the work in accordance.with the addilionalcietail,drawi at ,: f he dates • which aped l detail drawings w}i 1 be required, such drawGgo,, ifFany, ,to `be-urnlehed by, `theaArchtTect En sneer in accordance with `said �sched'ulej, and by'4 schedule fixing the res ective, d 0r the sbbriiission"cf ahop drowi:nge,;ithe beginning of mct anufaure, test- ing and'znetallation off materials .'supplies and quipment, and ,the, completioil of the various p2irts'6f,16 work: each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Setting Drawings The Contractor, shall subrriit •promptly; to the A"rchitect/Eaginear'two copies of each oizop or. 'setting dra) in'gip-repared in accordance with the schedule• pre"determiri6dSaa�afaresai'd. After oxaminati%n; of. such drawings by the Architect/Engi`iieer and the return thereof; the w `y ; • a ,,a . f ` � � � rawings as shave' been indicated and"eh`all Co �. • tt1y/. ir'f. 1• � IE � / L ngine6r wi corrections wo • coriected copies: If requested by.,the Architect/ ntractor shall 1"nake,• such furnish the A.rchitect�E er with t ' sir, approval `given to.such dr`�furn{sh a �Y� � � "�'"the `Y(� r.the'Contractor must w dditional;co ic9. ite' ardlessof cor"rections�rnade'in En Knee ..,.-�w�� v•,,r ,. `�.. 4 � ..,... �. t. �. g P B swings by the Architect�Engineer, Coitrracibor;w(11 never- the'less be responsMe for�ths accuracy of such drawin 8 and for the miry to the Plans aed'Spcciftcations,.unless he notifies the Architect?Engineerin writing of any devia- tions at the time he'furnishes such drawings. 5. Ma.terials, Services, and Facilities (a) It is understood that exce ids and pay for all mlcallystated in thePContract Docurr.-nts, pt as otherwise specif lh ht snow riot:, opation,•`su erintende"nce,'teTrii orar abor` tools, equipment, nature, shall " ruV iterials 1 g ,gip ransp p p y construction of every nature, and -all otherleervices-4%ndlacilitiea of,.everyfnaluretwhitsoever necessary to execute, waT(b)'AAypwoik "nec eein Ned time., comlete, andlary io be performed iter regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials . xIEr, . ;.: ,;;.�,,, tN No,materials or suppli�e'e; for tho work shall be purchased bv;the .Contractor}or by any Sub- contractor subject to any chattel mortgage. or under a,•cond1f1onal sale con tract"or other agreement by;which an"inteirest Is retained by the seller. The Contractor warrants that he `has, good title to ail, materials and supplier used by him in'the work, free from ail liens, claims or enc+t.nbrances. z HUD-4236S 19-70) r 7, Inspection and Testing of Materials (a) Al; materials and equipment used in the construction of the project shall be subject to ,adequate inspection and testing in accordanct with accepted standards. The laboratory or inspection f.gency shall be selected by the Owner. The Owner will pay for all labn- ratory inspection uervice direct, and not as a part of the contract. (h) Materials of conbtruction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish con- formance with specifications and suitability for uses intended. S. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on tht plans or in the specifications by reference to manufanturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of ether rnanufactur-:rs and vendors which will perform adequately the duties imposed by the general design will be cons ideredequally acceptable provided the materia', articlo:, or equipment so proposed, is, in the opinion of the Architect/Engine-cr, of equal sut)strl;,cv and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall held and save tie Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account oi, any patented or unpatented invention, process, article, or appliance manufactured o: uc ed in the performance of the contract, including its use by the Owner, unles i otherwise specifically stf ulated in the Contract Documents. (b) 1.irense or Roynity Fees: I�iccnne and7or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to thn holder of the patent, or his authorized licen3ee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design, device or materials : overed by letters, oatent or copyright, he shall provide for such use by suitable agreement with the Owner :.: such pater'--d or copyrighted design, device or material. It is mutually agreed and under- stoo i, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and same harmless the Owns: r of the p-oject from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials er any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be oblift-td to pay by reason Of sue.:1 infringement at any time duringthe prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provider! for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re- lating to performance of the work, the protectionof adjxcsnt property, and the maintenance of passageways, guard fences or other protective facilities, 11. Contractor's Obliptions The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except aF 3 HUD-41385 (9-70) herein otherwise expressly specified, necessary or proper toperform and cr nplete all the, work required by this contract, within the time herein specified, in acccrdance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any :and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineeras given from time to time during the progress of the work. Ha shall furnish, arect, maintain, and remove such construction plant and such toomporary works as may be required, The Contractor shall observe, complywith. andbe subject to all terms, conditions, require- ments, and limitations of the contract and specifications, and shall do, carry on, and corn- plete the entire work to the satisfaction of the Architect/Engineer and the Owner. I Z. Weather Conditions In the event of temporary suspensionofwork, or during incleinesit weather, or whenever the A"rchitect/Engineer shall direct, the. Contractor will, and will cause his subcontractors to protect carefully hiu and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, and work or materials Shall have been damaged or injured by reaaon of failure on the part of the Contractor or any of his Subcontractors no to protect his work, such materials shall be removed and replaced -It the expense of the Contractor. 13. Protection of Work and Property--Emergencil► The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the con- tract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety of liie, the Contractor will be allowed to act, without previous instructions from the Architect/ Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there- after. , Any claim fer compensation by the Contractor due to such extra .vork shall be promptly submitted to the Architect/Engineer -for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Enginet: s•. The amount of rehrbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Condi- tions. 14. Inspection The authorized representatives and agents of the Department of Housing and Urban Devele:p- ment shall be permitted to inspect all work, materials, payrolls, recordr of personnel, invoices of materials, and other relevant data and records. 15. Reports, Reccrds, and Data The Contractor shrill submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed ur to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or fore- man who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can Le continued in that _ capacivI for the particular job involved unless he ceases to be on the Contractor's payroll. 4 HUD-4138f, (9-70) 17. Chnnges in Work Nei changes in the work covered by the approved Contract Documents shall be made with- otit having prints written approval of the Owner. Chargss or credits for the work covered by the approved change shall be determined by one or more, or a combination of the fol. Inwing methods: (a) Unit bid prices previously approved. (b) An ag r ad lump sum. (c) The actual cost of; 1. Labor, including foremen; Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies fir the operation of power equipment; S. Insurance; G. Social Security and old age, and unemployment contributions. To the coat under(c) there shallbe added a fixed fee to he agrc-ed upon b(Wnot to exceed fifteen percent (15176) of the actual cost of the work. The tee shall be compensation to cover Ui. coat of supervision, overhead, bond, profitand any other general expenses. I H. Extras Without invalidating the contract, the Owner may order extra work or make changesby altering, adding to or deducting`from the work, the contract sum being adjusted accordingly, and the consent of. the Surety being first obtained where neceer try or desirable. All the work of the kind bid upon shall be. paid for: at the price stipulated in the proposal, and no claims for any extra work cr materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood aril mutually agreed, byand between the Contractor and the Owner, that the date of beginning and the time for compintio» as specified in the contract of the work to be done hereunder are 'ESSENTIAL CONDITIONS of this contract; and it is' further mutually understood end agreed that the work embraced t n thi s contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and un- interruptedly at such 'rate of progress as Neill insure full cnrripletion thereof within the time specified. It, is expressly understood and agrees, by and between thf. Contractor and the Owner, that the time for the completion of the work described herein i i a reasonable time for the completion .of the same, taking into consideration the average c;imatic range and usual indusitrial conditions prevailing in this locality. If. the said Contractor shall neglect, fail or refuse to complete the work within the time p y proper fgrantedby the Owner, t.ben the Contractor herein s ecified, or an ro er extensionthereo does hereby agree,. as a, part consideration for the awarding of this contract, to, pay to the Owner the amount, specified iii the contract, not, as a penalty but as ilquidated damages ,for such breach of contract as `hereinafter set forth, for each and every calendar day'thatthe Contractor shall be in default ufter the time stipulated in the contract for completing the work. The ::.said ar.�ount is fixed an agreed upon by andibetw,een the Contractor and the Owner because of the impracti cab; ity and extreme difficulty of fixing and asce'rtalnirig'the actual damages the Owner would in sucheventsukain,and said amo'unt'Is, agreed to be the amount of . damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. it and of the rsagree 'ecificationst1me is wh'ereinf 2h tl 'finite essence of and certapch in length of time rtion of this contract p g is fixed for the performance of any act whatsoever; and where under the contract an additional t_:,%e is 5 HUD-1738S (9-70) 0 1 1 0 0 601 1 allowed for the completion of any work, the new time limit fixed by wich extension shall , be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damzgen or any excess coat whenthe Owner determines that the Contractor is without fault and the- Contractor's reasons for the time exteiisior, are acceptable to :he Owner; Provided, further; that the Contractor shall not be charged with liquidated damages or any excess cost when the delay its completion of the work is due: (a) To any preferei..:e, nrinriy cr allocation order duly issued by the Government; (b) To unforesoeable cause oeyond the control and without the fault or negl(gence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract %I ith the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors ar suppliers occasioned by any of the causes specified in subsections (a) and (b) of'this article: Provided, further, that the Contractor shall, within ten (16)_days from the beginning of such delay, unless then Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reason- able time of its decision in the matter. ?o. Correction of Work All, work, all materials# whether incorpo.ated in the work or not, all;proces'ses'of manu- facture, ds of construction shall be at all times and placeo _subject to the Inspection and the Architect/Engineer who shall be the final judge of the quality and suit- ability of the work, materials, processes of manufacture, and methods of construction for °the purposes for which they are used. Should they fail to meet his approval they shall be forthwith :•econstructed, made good, replaced and/or corrected, as the case may be, by the,;, Contractor at his own expense. Rejected material rhall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials .or to reconstruct or correct any'portion of the work injured or not performed in accordance with the Contract Documents, the cornpensatton to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsarface Conditions Found' Efferent Should the Contractor 'encounter sub -'surface and/or, latent conditions at the site materially differing from those shown on the Plans or ir'icate`d in the Specifications, he shall'imme- diately give notice to the Architect/Engineer of such conditions before they are ,disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shownonthe Plans or indicated in the Specifications, he will at once shake such changes in the Plans and/or Specifications as he mzy find ne:c- essary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Clams for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of,'the Architect/Engineer approved by the Owner,; as aforesaid, and the claim presented with'the first estimate after the changed or extra work is done. When work is performed under the terms of sut bp' work 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 4'3. Right of the Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the SureIt), of its intention to terminate the contract, such notices to contain the reasons for b HUD-4228S 0-10) such intention to terminate the contract, and unleps within ten (10) days after the serving of such notice upon the Contractor,, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall imme- diately serve notice thereof upon. the Surety and the Contractor and the Surety shall have the right to take over and perform the contract: Provided, however, that if the Surety dues not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the Work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex- cess cost occasioned the Owner thereby, acid in such event the Owner may take possession of and utilize in completing the work, such materials, appMances, and plant as may be on the site of the work and nectssary therefor. 24. Construction Schedule and periodic Estimates Immediately after execution and delivery of the contract, and before the first partial pay- ment is made, the, Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed datee of commencemant and completion of each of the various subdivisions,; of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forme to be supplied by the Owner (a) a detatied estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making pa-tial payments thereon. The`co'ete employed'in making up any of these schedules will he used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and .acceptance of all work covered ,by this contract; Provided, that the • Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any .time after fifty percent (5076) of the work has been completed, if it finds that e'atisfactory ..progress, is being that on completion e, may make any of the nd arse Lance of 'remaining, achrse cratress payments b meets in full: p p 11'ding, puilic vorki or other hdivision of the contract, on which the price is stated separately in the contract, payment may be made in full, including, retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may 6- taken into conside.ation. (c) All material and 'work covered by;partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from. the sole r^sponsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of'the terms of (d) 'OAir's 'Ri" ht to With `� t�' : the,�contract. hhold iCer.a n A`mo" nts and 1`iake A ` lication :Thereof: The Con- tractor agrees that hi -will indemnify rand save the Owner harmlessfrom-till claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material. n, and furnishers of machinery and parts thereof, equipment,, power tools, and all supplies, including commissary, ingurred in the furtherance of the perforrance ontract•. Ths Contractor shall, at, the Owner's 'request, furnish satisfactory e this cvi'dencc that all. obli edtions of tl le `nature ' hereinabove desi gnated'havul beet paid, dis- charged, or waived. If the Contractor fails so. to do, then the Owner, may, after having served written notice on the said Contractor, either pay unpaid,bilis, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid,compe'nsation a sum ,of"money, ,decriied reasonably sufficient to,pay any and all such'lawful claims until satisfactory evidence is furnished that all liablilties have been fully di„scha'rged where- upon payment to'the Contractor shall be resumed, in accordance with the terms of this 7 HUD-4238S (9-70) contract, but in no evont shall the provisions of tt:is sentence be construed to irnpwie any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment no made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner .1hall not be liable to the Contractor for any such payments made in good faith. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release. to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to releases the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. ...7. Payments by Contractor The Contractor shall pay (a) for all transportation and utility, services not later thar. the 20th day of the calendar month following that in which services are rendered,lb) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the ZOth day of the calendar month following,that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day,following the completion of that part of ti.a work in or on which such 'materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this con' act until he has obtained all the insurance required under this paMagraph a.id such insurance hes been approved by the Owner, nor shall the Contractor allow any subcontractor to commence: work on his sub- contract until the insurance required ofthe subcontractor has been so obtained and approved. (a) Com ensation"'Insuran' ce: The Contractor she,' proce;re and shall maintain during ,the lee o t is contract 1�orkmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the pro- ject under this contract and, in case of and such work sublet, the Contractor shall re- quire the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engage'd in such work unless such employees are covered by the protection affordedbythe Contractor's Workmen's Compensation Insur- In case any class of employees engaged,i n hazardous on the project under ante. �'� this contract is not rotectedunderthe Workmen s Com enoation Statute the Contractor shail provide and shall causme acb subcontractor to provide, adequate employer's liability insurance ( )`Co tractor sr Public of phis ".employees as are not otherwiseprotected. P ' . _. . b operty DamagerJn_ s`urance, and Velzlcle:Y iabil{t}• Insurance: The Contractor shall procure and shall maintain during the life of this con- tract Contractor's Public Liabilit}• Insurance, Contractor's Property; Damage Insurance and „ upplemental General ,. . ' Liability Insurance � he. amounts ,.' Y P nee in t Conti. �ionsle ' µ s specified n the S .kM ,�, unt (c) Subcontractor, a Public Liability ant Propert 'Dania a-insurancefand VeHtcle L{abtlit Insurance: The Contractor shall err require ,each of ,his .sti contractors to pro- cure and to Y 8 and Veh{cl tractorls'Public Liability and Property Dama e I e Liabilit Insur p nsurance a of his subcontract, ubco ante. of the type and In the maintain Burin the life S amounts specified In the Supplemental eneral Conditions specffied in subparagraph (b) (d)'Scohereef f� In"s°�ira ceethe a"net S�Cecialiiazards:f gis pThe�nsuranfce�d in subparagraph`�l) hereof. required under subparagraphs (b) and (c) herec, shallprovide adequate protection for the Contractor and his sub'cen- tractors, respectively, against damage claims -which may arise from operations under 8 HUD-42305 (9-70) this contract, whether "such operations be by the insured or by anyone directly or in- directly employed by him and, also against any of the spucial hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (c•) andy laccepted Inattrance Owner, f-_ Cindicated the project heOwner,o Contractor at the Owner's opcompleted ect is co option as i dicated in the Supplemental General Conditions, Form HUD-4M-N) is required to maintain Iluilder's Risk Insurance (fire and extended coverage) on a 100 percent completed value bards on'the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as thttir interests may appear, The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; However, this provision shall not release the Contractor from hiu obligation to complete, according to plars.and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of. the Contractor'sundertaking. (f) Proof of Carriage of Insurance; The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of ex- pi-ation of policies. Such certificates shall also contain substantially the following state- ment: "The insurance covered by this certificate will not be cancelled or materially alte red, except after ten (10) days written notice has been received by the Owner," Z9. Contract Security The Contractor shall furnish a pe rformance bond In an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this con- tract and al;�n a payment bond in an amount not lese than one hundred percent (100%) of the cunlrart price or in a penal sum not less than th:.f prescribed by State, territorial or local law, as stwurity for the payment of all persons performing; labor on the project under thi 3 runtrru•t anti furnishIng materials in connection with this contract. The performance bond aril the paymt-tit hond may he In one or in separate instruments in accordance with lac:ai late. 30. Additional or Substitute Bond If at any time the Owner for justif.ablc cause shall be or become dissatisfied with any surety or ;;uretles, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from thu Owner so to do, substitute an acceptable bond (or bonds) it, such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be.paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner, 31. Assignments The o or to becomedue hereunder with without w.rQtten consent of hlOwner. In case the Contractorany'part assigns all or any part 'of any moneys due or to beconto due under.this contract, the in- atrument of ausigninent shall contain a clause substantially to the effect that it is agreed that the right'of;the assignee In and to any moneys due or to become due to the Contractor shall be subject'to prior claims of all persons, firms and c.Jrporationsof services rendered or materials supplied for the performance of the work called for in this contract. 32. Mutual Responsibility of Contractors co"nthall suffer let on the part of the Contractor, any other Contractor or any sub- . ,,through tractor or subcontractor by agreement or arbitration ctor.agrens`�to settle with loss or damage on the worlc, the Conte such other Contra tration if such other Con- tractor -or s6i c`dntractors will so settle. If such other Contractor or subcontractor shill assert any claim against the Owner on accotint of any damage alleged to have been sur_ tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 9 MUD-•4278s 19-20) 0 1, 1. 1 # I 1 04' 33. Sepnrate Contract The Contractor shall coordiriate'hia opRrations with those of other Contractor a. Cooperation will hn required in the arrangement for the storage of materials and in the detailed execu- tion of the work. Tha Contractor; including his subcontractors. shall keep informed of thq progressand the detail work of other Contranto're and shall notify the Architect/Engineer immediately of lack of progress ordefectiveworkmanship on the part of otnt-r Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack cf progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being saiidfactory for proper coordination with his own work. 3.1. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which. under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not .award any work to any subcontractor without prior written approval of the Owner, which approval will not be given .ijitil the Contractor submits to the Owner a written ataternent concerning the proposed award'to the subcontractor, which statement shall contain such'Wormation as the Owner may require. (c)'V a Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of; persons either directly or indirectly employed by them, as he `is for the acts and omissions of persons directly employed'by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work tobindsubcontractors to'the Contractbr by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcon- tractors and to give the Contractr.r the same power as regards terminating any sub- contract that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/langineer's Authority tract ands acificatiot/Engineer shall give all ordeutiono _ feet/Engineer se p ris relative to the exec' fthe work. The Architect/Engineer h under this co n- tract The Architec orders and directions contemplated deterrnine the amount, quality, acceptability, and fitness of the severalkinds of work and materials which are, to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. in case. any question shall arise between the parties hereto relative to said con- tract or spccifications. the deiterminatioa or decision of the Architect/Engineer shall be a condition prdcedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent'of any portion of the specifica- tion' and of any plans or drawings where the same may be'found obscure or be in dispute. Any'differences or conflicts in regard to their work whi ,.h may arise between the Contrac- tor under this contract and other Contractors performing worl for the Owner stall be adjusted and "determined by the :.rchitect/Enginee r. 36. Stated Allowances The, Contractor shall •include in his proposal the cash allowances stated in the Supplemental ,The, Con Conditions. ,The Contractor shall.pur,chase the "Allowed -Materials" as directed,by the Owner on the basis of the lowest acid best bid of at leastt-hree co rpetitive bide.<If the an a "t a contract Price ''be a' ed Materials"'is more or leas than'th'e "Cash Allow- ,, pr hall odjuited accordingly. The adjustment in contract`price actual' • rice for urchasin the, Al! c h '` shall be made an the basis of the purchase price without additional cha ges for overhead, profit, yinsu'rai ce or aiiy other inciderifal expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover- ing this work. 10 HUD-42385 (9-70) 37. Use of Premises and Rpmoval of Debris The Contract expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus,, materials, supplies and equlpment in such orderly fashion at the site of the work as will not unduly interfere with tha progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any_.description and debris of every nature re- sulting from his operations, and to put the elte In a neat, orderly condition; (f) to effect all cutting, fitting or patching of his work required to make'the suns to con- form to the plans and specifications and, except with the consent of the Architect/ Migincer, not to cut or otherwise alter the work of at.y other Contractor. M. Quantit(e,s of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given fur use in comparing bids and the right is especially reserved except as herein atherwise specifically limited, to increase or diminish them asmay,be deemed reasonabl f necessary or desirable by the Owner to complete the work conteiiplated by,,this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. T.,nnds and Rights -of -Way Prior to the start of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an ;.cceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The, Contractor shall remedy any defects in the work and pay fo: any damage to other work resulting therefrom,; which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. 41. Con Meting, Conditions An y provisions in any of the Contract Documents which may be in conflict or inconsistent With any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any, notice to any Contractor from the Owner relative to any' -part of`tiiis contract shall be in posted, t1by certii considered and the service thereof completed, when said'notice is fed or registered mail, to the said Contract• r at his last given address. or delivered in person to the said Contractor or his ac..iorized representative on the work. 11 HUO-4238S (4-70) -13. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted, in this contract shall he deemer! to be insertedhereinand'the contract shall be read and enforced as though it were included herein, and if through rnistalce o: otherwise any such provision is not inserted, or is not correctly inserted, then uponthe application of either party the contract shall forthwith be physically ,tmene.ed to make such insertion or correction. 4•1. Protection of Lives and Health In order to protect the lives and health of his erriployees under the contract, the Ccrtractor shall comply wigs all pertinent provisions of the "Manual of Accident Prevention in Con- struction" issued by the Associated General Contractors of ,America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requi ring medical attention or pausing loss of time from work, a: )a!ng out of and in the course of employment on work under the contract. He alone shall be _Psponsible for the safety, efficiency, :.nd adequacy of his plant, appliances, and riietl�ods, and'..r any damage which may result from their failure or their Improper construction, maintenance, or operation, •15. Subcontracts The Contractor will insert in any subcontracts the sections 52 throul h 56 contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors'to include these clauses in any lower tier subcontracts which they may enter into, together %pith a clause requiring this insertion in am further subcontracts, that may in turn be made. 45. Equal Employment Opportunity During the performance of this contract the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or ratioral origin. The Contractor will take affi.rrnative act!nu to ensure that applicants are employed, aril that employees are treated during employment, without regard to their race, creed, color, or national origi-,.. Such action shall include, but not be limited to, the,following: employment, upgrading, demotion. or transfer, recruitment or recruitment advertising; layoff nr termination; rates of pay- or other forms of compensation: and selectors`for training, including apprenticeship. The Contractor agrees to post in consri'cuous places,, available to employees and applicants for employment, notices to be provided setting forththe provisions of this nondiscrimi- nation clause. (2) The behalf ofrg Cictor 'will in all solicitations oradvertisements for employees placed'by or on the Contractor , state that all ualified applicants, will receive con- 4-ration for employment without regard to race, creed, color, or national origin. (3) The Contractor will send to each'labor'union or representative of workers with which he has a collective bare Lining agreerr.ent or other contract or understanding, a notice to be provided advising the labor union Or workers' representative of the Contractor's commitments under Suction 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (4) The. Contractor will corri;ply with all provisions of Executive Order No. 11246 of September 2.4, 1965, ani of the rules, regulations, and relevant orders of the Secretary of Labor. (5).The Contractor will furnish all information and reports required by Executive Order No. 11246 of September, 24, , 1965,. and by the rules, regulations, and or;iers of the Secretary of Labor, or pursuant thereto, and will pertiiit accesu'to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor !s, noncompliance with the nondiscrimination clauses of Y this contract or with an of such rules, regulations, or orders, this contract may be cancellers, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally -assisted construction 12 HUD-4238S (9-70) contracts, in accordance with procedures authorized in Executive Order No, 11246 of September 24, 1965, and such other sanctions may be impoeud,and remedies invoked as provided in Execv.;;.ive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of fho- Secretary of Labor, or as otherwise provided by law. (71 The Contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order urleee exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204of Executive Order No. 117.46 of Sep- tember 24, 1965, no that such provisions will be binding upon each subcontractor or vendor. The: Contractor will take such action with respect to any subcontract or pur- chase order as the Department of Housing and Urban Development may direct as a tnaans of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or iU threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the Contractor may request th%; United States to enter into such litigation to protect the interests of the United States, •17. interest of Member of or Delegate to Congress N'o member of ar Delegate to C.ongreas, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that ma7 arise therefrom, bat this provision shall not be construed to extend to this contract if made with a corporation foi its general benefit. 48. Other Prohibited Interests No official of the. Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accept:ng, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection withthe eoi.struction of the project, shall become directly or indirectly interested personally inthis contractor in any pert hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, cuper- visory or ether similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part theveof, any material supply contract, subcontract, insurance contract, or .any other contract per- taining to the project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor e-tcept in the event, in the opinion of the :architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements. (h) Secures endorsement from the insurance -currier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construc- tion, or, (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consen` of the surety must also be obtained. 5o. Photographs of the Project If required by the Owner, the Contractor shall furnish photogr.nphs of tl-e project, ir the quantities and as described in the Supplemental General Conditions. 5I. Suspension of Work Shoull the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reasonof any litigation cr other reason beyond the control 13 HUD-4238S (5-70) r.. of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; buttime for completionof the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be jet forth in writing. 511. Minimum Wages (a) The Contractor rhall post at appropriate conspicuous points at the site of the project a schedule showing all determined minimum wage rates for the various classes of laborers and mechanics to bu engaged in work on the project finder this contract and all deductions, if any, required by law to be made from unpaid wages actually earner: by t..,,e laborers and mechanics vo engaged. (b) All mechanics and laborers emploved or working upon the site of the work will be pa,.f unconditionally and not less often than once t, week, and without cubseyuent deduction or rebate on any account (except such payroll deductions as :ire permitted by regulations ISsue_Id by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts clue at time of payment computed atwage rates not less than those contained in the wage determination decision 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. For the purpose of this clause, contributions made or costs reasonably anticipated under Section l(r)(2) of the M.vis-lincon Act on behalf of laborers or mechanics are considered wages paid to such I aborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv). Alse fcr the purhot.e of thin clause, regular contributions made or costs incurred !or more than a weekly period under plans, funds, or programs, but covering the particular weekly 1wriod, are deemed to be constructively made orincurred during such weekly period. (c) Thf- Department of Housing and Urban Development shall require that any class of laborers or mechanics whicl::s not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Department of Housing and Urban Development to the Secretary of Labor. In the evert the interested parties cannot agree on the proper classification or reclassification of a particular class; of laborers and mechanics to be used, the question accompanied by the recom- mendation of the Department of Housing and Urban Development shall be referred to the Secretary for final determination. (11) The Department of Housing and Urban Development shall require. whenever the minimum wage: rate prescribed in the contract for a class of laborers or mechanics inc:udes a fringe benefit which is not expressed as anhourly wage: rate and the Contractor is obl:- gated to pay a cas% equivalent of such a fringe benefit, an hourll- cash equivalent the reof to be established. In the event the interested parties cannot agree: upon a cash equivalent of the fringe benefit, the question, accompanied bythe recommendation of the Department of Housing and Urban Development, shall be referred to the Secretary of Labor :or Bete rmi nation. (e) The Contractor may consider as part of the wages of any laborer or mechanic the amount of any r:osts reasonably anticipated in providing benefits under a plan or pro- gram described in section l(b)(2)(B) of the Davis -Bacon Act, or any bona fide fringe benefits not expressly listed in Section 1(b)(2) of the Davis -Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this contract, only when the Secretary of Labor has found, upon the written request of the C,.)retractor, that the applicable standards of the Davis -Bacon Act have been met. Whenever practicable, the Contractor should request the Secretary of Labor, to make such findings before the making of the contract. In the case of unfunded plans and programs, the Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of ob:igations under the plan or'program. (') The %,pecified wage rates are minimum rates only, and the owner will not consider any claims for additional compensation 'made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this contract. All disputes i- regard to tl,,� payment of wages in excess of those specified in this contract shall we adjusted by the Contractor. (a) If the Contractor does not make payments to a trustee -)r other third person, he may consider as part of the waives of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under aplan or program of -1 type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided however, the Secretary of Labor has found upon the %vritter. NUD-J2JN5 19-701 14 request of the Contractor that the eppiicabla;slandards 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 oi;iigations under the plan or program. Is i. 4A11161diiil; of Payments The Department of Housing and Urban Development,nay withhold or cause to be withheld from the Contractor, so much of the accrued.'payrnants or.advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount o: wages required,,,by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the Department of Housing and Urban Development may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until ouch violations have ceased. 94. Payrolls and Basic Records (a) Payrolls and basic records relating thereto wfi. be maintained during the course of the p p y for all laborers and mechanics work and reserved for work. Such records will contain the name and address of each working at the site o£ the work. such employee, his correct classification, rates of,pay (including ,rates of contributions or,_ costs anticipated of the types described in section I(b)(2) 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,l(b)(2)(H) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide Ruch benefits is enforceable, that the,plan or program is financially respon- sible, 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 incur -red in providing,such benefits. (b) The Contractor will submit weekly a copyof all, payrolls to the Owner; for transmission to the Department of Housing and Urban Development. The copy shall'be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Corngliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR,, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The Prime Contractor shall Con - be responsible for the submission of copies of payrolls of all subcontractors. The Con- tractor shall make the records required under the labor standards clauses of the con- tract available far inspection by authorized representatives of the Department of Housing and *irban Development and the Department of Labor, and shall permit such representati .-es to interview employees during working hours on the job. 55. Apprentices Apprentices shall be permitted to work as sucho'n1y..when they are registered, individually. under a bo.ia fide apprenticeship program regiatered with a State apprenticeship agency Y which is recognized b the Bureau of;,Apprenticeship and Training, United States Depart- ment ment of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenti ceshtp and Training, United States Department of Labor. The allowable ratiu of apprentices to journeyrnen'in any craft classification shall not be greater than the ratio permitted to the ;ontiactor as to his entire workforce under the registered program. Any employee listed on a payroll at an„apprentice wage rate, who is not registered as above, shall be `priid the wage rate determined by'the Secretary of Labor for the classification of work he actuallyperformed. The Contractor or subcontractor will be required to furnish to the Department of Housing and Urban Development written 15 HUD-42385 (9-701 evider cc of the registration of his program and, apprentices as well as of the appropriate B� P B ratios and wage rates, for the area of construction, prior'to using any apprentices on the contract work. Compliance With Copeland Anti -Kickback Act and Regulatimis The Contractor shall comply with the Copeland Anti. Kick')ack, Act and Regulationee of the. Secretary of Labor (Z9 CFR, Part 3) which are herein lncorsorated by reference. z r,7, Overtime (a) No Contractor or subcontractor contracting for any part, of the contract work which may require or involve the employment oflaborers or" mechanics, including watchmen and guards, shall require or permit any laborer or mechanic_ in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweekunlass such laborer or mechanic receives com- penss,tion at a rate not less than one and one-half times his basic rate of pay for all hours= worked in excess of eight hours in any calendar di y or in excess of forty hours in such workweek, as the case may be. (h) Viul.ition; liability for unpaid wages; liquidated damages. In the event of any violation of the c1nuse set forth in subparagraph II), the Contractor and any subcontractor re- sponsible therefor shall be liable to any affected employee for his 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 employed in violation of the clause set forth insubparagraph(1), lnthe sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or it excess of the standard workweek of fortyhours without payment of the overtime wages required by, the clause set forth in subparagraph (1). (c) Withholding for unpaid wages and liquidated damages. The Department of Housing and Urban Development may withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such 'sums as •nay ad- ministratively be determined to be necessary to satisfy any liabilities of such Con- tractor or subcontractor for unpaid wages -and liquidated damages as provided in the clause set forth in subparagraph (Z). (d) Subcontracts. The Contractor shall insert in any subcontracts and clauses set forth ir, subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the sub_ contractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in tlern be made. 58. Signs The General Contractor shall erect a sign at the project site identifying the project and indicating that the Government is participating in the, development of the project. The project sign shall be substantially in accordance with instructions provided by the Regional Office of the Department of Housing and Urban Development, made from 3 14 inch plywood, placed in a prominent location, and maintained in good condition until completion of the project. 59. F mploynwnt Practices The Conn actoro(1 on talc. o project gre tes extent practicable, follow hiring and employment I'he� Contractor (1) shall. to the. greater I p j • 111 provide new job opportunities for the unemployed and undere-mployed, and (2) shall insert or cause to be inserted the same provision in each vori:true•lion seel►cnntract. 60. Contract Termination; Debarment A breach of Sections 45 and 52 through 56 may be grounds for termination of th^ contract, ar,ri for debarment as provided in 29 CFR 5.6. 16 HUD-4238S 19-701 r,. Index of `General Conditions Subject Section Subjnct Section Accidetit Prevention..............:'..... Additional Band.,..... 00400006;066 as* Additional Instructions ........:....... Allowances .................:......:.' .... Anti -Kickback Act.....::''........'....... 44 30 3 36 56 Notice and Service ...................... Obligations of Contractor.. 00.600 Gets. "Or Equal" Clause .,.,,................. Overtime Requirements ........0.e.... Owner's right to terminate ...,....... 42 l I 8 57 23 Apprentices...,,,., Architect's Authority.................. Assignments .......:......:.......:...... Bond, Security ........................... Bond, Security, additional.:;....`..:.. Changes in Work.......`...,...:......... C:lii.ms for Extra Cost.. ............... 55 i5 31 29 30 17 22 Patents .................................. see Payment of Employees .:............... Pa me y tits by Contractor............... Payments to Contractor............... Payrolls of Contractors and subs... Periodic Estimates ..................... Permits, Surveye, Regulations ...... 9 52 27 25 54 24 10 Cmmplotinn time........See 19 Photographs ................0............. 50 Comp station of Wages .........'�....... Condition, Subsurface.......:.:........ Conflicting Conditions .....;;;....... Construction Schedule ..:.....'......:,. Contract Documents .................... Contract Security ...................... 57 21 41 24 I Z9 Posting Minimum wage rates ......,. Prohibited Interests.;.....:....:....... Protection of lives and health.:,..... Protection of work, property......... Provisions required bylaw,,,,.,,,,.. Quaritities of Estimate.................. 52 48 44 13 43 38 Contractor'-, Insurance......,......... 28 Regulations, Kickback .................. r.; Contract Termination ................. Contractor's Mutual Responsibility 60 32 Release of Contractor.................. Removal of Debris ...................... 26 37 Contractor's Obligations ...... .....:.. Contractor's Payrolls .,..........:.... Contractor's Title'to Materialo..... 11 54 6 Reports, Records and Data,..,....... Responsibility of contractor.......... Right of Owner to terminate.......... 15 32 23 Copeland Regulations .................. Correction of Work,....,..........:.... 36 20 Rights •of-Way...G.................. .... so Schedule of Construction....*:........ 3,9 24 Damages, Llquidated.G................. 19 Security ......:e....e.....eee....e....ee..ee 29 Data, Reports and Recorr * ...SS...... Debarment.............................:0. Debris Removal ....... ......:........... 15 59 37 Separate contracts ..............:....... Services, materials, facilities....... ShopDrawings.........$.................. 33 5 4 Definitions ...:.....0..0.60...:l . a ... sees 2 Signs ........................................ 5A Detail Drawings ......................... 3 Stated Allowances ....................... 36 Different Subsurface...: :............. Discrimination, amployrnent.,.e.s.e. 21 46 Subcontracting....................... 34 Subcontractor's Insurance............ and 45 28 Drawings detail..... ... 40....6 Emei gencies ............................. 3 13 Subcontractor'a Payrolls.............. Substitute Bond..,........................ 54 30 Employment Practices ........... Equal Employment Opportunity.... 59 46 Subsurface conditions .................. Superintendence by contractor....... 21 16 Estimated Quantities.. ose6es0000eso sees Extras....:.. .... .:...e:.:.."Osseo .e.G..... 38 18 Surveys, permits...:.................... Suspension of work...................... 10 51 Final Payment ..........:.........,.::... Guaranty, general.........,.,.,......... 26 40 Termination of contr :.t .......... L3 Testing of Materials....::,,....:: .... and 59 7 Inspection.......:' ............:::.:....... Inspection of Materials.....;;......,.. 14 7 Time for completion..............s'e.S. Title to materials ;...................... 19 6 Insurance .......................:.:...... Lands and Rights -of -Way:....::,.:... 28 39 Use and Occupancy......,......,.....:.. Use of P.remises:........:.........set . 49 37 Legal Provisions, Implied.;.,,...... Liquidated damages .................... Materials.......................:.....:.... Member of Congress............::..... 43 19 5 47. Wage Adjustments......... .............. Wages, Minimum........................ Wage Underpayirtents ................... Weather Conditions ..................... 53 52 53 12 ?Jinimum Wages...,.,...: ............... Non-discrimination in Employment 52 46 Withholding of Payments ,............. 53 17 V. S. C0%TRNMYN7 1'N[ i_vG orrlcr . tro o - Is0-m HUD-4231S (9-70) U.S. DEPARTMENT OF HOUSING AND ORGAN DEVELOPMENT k FEDERAL LAWR STANDARDS PROVISIONS I. APPLICABILITY HUD•3200 (8.69) The Proud or Program to which the work covered by this Contract pertaiiis is being umisled by the United Sint" of A m tiea and lhe'fnllowing Federal Labor Standards 111700 ions are included in this Contract pursuant to the provisions al►- plirahle to sm-li federal amiselatu•e. 2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS l y` is Contract shall be paid unconditionally and'not All laborers aeul nnrchanit�t employed u ►on the work covered b this lrti, often 011111 t►nlre eaeh wreck, and without subseelurni t deduction or rebate on any account (except such'payroll deductions as art, Olathe mandatory by law and such other payroll'deductions as are permitted by the applicable regulations issued by the Svrretory of Lafmr, LiAted States, Dellarttnent of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full anioinittl elite at time of payment computed at wage rates not less than `those contained in'tho wage determination decision Of said Secretary ter Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual re• lationsltip which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed 'upon such work shall he paid in cash, except that'payment may be by check if the employer pnwidrs or secures sitisfartory facilities approved by the Local PubGr. Agency or Public Body for the cashing of the same without cost or experim- to the employee. For the purpose of this clause, contiibutions made or costa reasonably anticipated under St-1.61111 I (b) (2) of the. Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or ineellarlivs, subject to tile provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular cull tributions made or costa incurred for more than a weeklyperi-id under plans, funds, or programs, but revering thr particular weekly period, are dremed to be constructively made or incurred during such weekly period. 3. UNDERPAYMENTS OF WAGES OR SALARIES In ratite of undei-payment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by t he t mirartor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to sm-h other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, ►1) itiiuch thereof as the Local Public Agency or Public Body may consider necess+lry to pay such laborers or olerhanirti the`full amount of wages required by this Contract. The amount so withheld may be disburs4by the Local Pub- lic Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec- livr laborer, or mcehanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe tu•nefil prrseribed ill the applicable wage determination. Q. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does trot make payments to a trusfcc or other third person, he may consider as part of the wages of . wage determination dec .1111' laborer r or n1LC Ian it• the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program Or a t le eXI )n'ssl y • liste d to the theSecretary of Labor which is a part of this Contract: I / ovided, however, The Secretary of labor has found, upon the wriiten request of the Contractor, that. the applicable stand. ard• of the Davis•ilarun Act have bren met. The Secretary of Labor may require the Contractor to set aside in a separate areounl assets for thr tnee.tingof obligations under the plan or program. A copy of any findings made by the Secretary of Lab,Ir io respect to fringe henefits being provided by lit(- Contractor must be submitted to the Incal Public Agency or Public (lolly with the first payroll riled by the. Contractor subsequent to receipt of the findings. HUD•320D 1 . 18.691 i. OVE0"IME COMPENSATION REQ6RED BY CONTRACT WORK ifounS S'CANDARDS ACT (70 Slat. 357.3011: '('ittt to f..:t.l:., Sect inns 327.332) (;I) 14rttime rrt utmiiienlr. No Conlrador tlr t+uhruntruMor rt►ntrarlinR for auto• part i)f lilt- Co ltrart Wirk whiell inuy rl-quire or iII%a7pItr Ihi. rrnplo)•ntriit of lallurrr, Or turilianirst, imn•In. 1 wul� hitlr•n anti! l;lt�IrdK,1•Ilall ri tj sire or permit any laborer or un•rhartil in .uI) workwl-rk ill wllivil he is: rurjiloyi.,ll fill sm-h work Ili tvurl, ill e>;rrs.. or it hfiitrs in :Illy r;tlt-ntlur Clay or its r%rrn. of I 0 holm. in sur.11 work week unleN: s,nmh labour or ntrtllariic rervives+ co mlimu it iurl at a rati- till( Irs,, titan mit- :uul ow. -hall times Ilia; hash rat, fif pa), for all luiurs works-d in r%tem of It hiwrs in :Ott• ralenmlar Clay or its err►•,% of,Itl hour- In m-h t%nrk tavrrk, its Ihr rase omy hr. (h) 1 Ifih11itill(ial►Ility for fill laid wages;; lI'll tiiilated duinagrs. (n the evenCuf silty violation of tilt elau:,r .rt forth ill paragraph (a), tht Cmilrai tur aottl any suhromttmetor eltall he liahlc to :my affrtartl rrnliluyrt• For his wt• tuuf Wages. In addilirin, such (:untraraur.anil suhcotitrailtor eliall be liable to t lit iiidal�d d�unir et: rliall he cum ittr.d with respect to each individual labort!r or mechanicemployed for liquidated danlul;cb. Such l R I I employed ill violation of the clause rtl forth its paragraph (;I), in the sum of $10 for ench calendar day on witch such employer watt rrgiJiret) or permitted to work in exccM. of Il hour; or in r, %vans of the standard workweek of Alt) hours without pevinent of the (overtime %+Jgv, rryuired by till- clause srl forth ill paragraph (n). (c) Withholditi,�'for, lit iliflijiled damages. The Local Public Agcitcy or I'uhlic. Hody shall withhold or rautic to he with. hl-ltl, fn►uI till) mono).$ payable on account of work performed by the Contractor or subrontraclor, such sumo as may admin- istuiiivr.ly hr determined to be nece.%ary to satisfy any liabilities of such Contractor or subcontractor for liquidated damal►r, as pnnvidl-d iii'the clans,• wt forth in paragraph (h). (d) Subcontracts. The Contractor shall insert in any subcontracts the clamses set forth in paragraphs (a), (It), and (c) of this; Section and also) a cluuar requiring the milico'ntractors to include these elaus es in any lower tier subcontracts which the) ilia), enter into, Together with a clause rrtlniring'this insertion in any further subcontracts that ntvy in turn he ntadr. 6. EMPLOYMENT Of APPRENTICES A i'irenlives will he permitted to perform work cove.rcd by this Contrart only under a Iona fide arppn:nlier hip prograrn rrfislt•rl-d with a )hate Apprrnt irl-sllip Agency which N rrcogniml by the Huremi of Apprenticeship and Trairiirtg. United Slates Deparinienl of Irhor, or, if net such recognixcd Agency exists in a Slate, miller a program registered with•`ihc kurr.ati of A'ppri'nliveship find Training. The allowable ratio of apprentices to journeymen in any craft classification shall not b! greater thnit the ratio permitted to the (;tnttractor as to his entire work force tinder the re6ristered program. Any employee listed till a payroll at an•appreriticc wage rate, who is not registered as above., shall he paid the wage ratr deterinined by the Srcrl-tar% of Labor, United Stales; Department of Labor, for the classification of ws rk he actuAlly perforr ied. Thy Contractor or subcon• I ractor shall furnishIlw Lora l I'uhlir 1gvm-y or f uhlir lindly with written evidrnre of lile rgistration of his program and all. prenfires,'1% Will Its 1►I llsl':tpproprlale ratios: and wage rates for the area ufcoo-Ironton, prior It) using am apprentive, tin lilt l-onlrarl work. 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years Iatid Ito person whit, at this tirne, is serving sentence in a penal ur correctional institution shall he employed oti'the work covered by Ihis l:tlntrrict. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" *I'hr Gotitrar0ir shall riirmiply with the applicable regidaliomrs (a ropy of which is attarhed ant) herein inrorlporaled h) rerurerici•) of tilt Secrelary of (.ahtlr. ( Oiled States 1)rjourtment of Labor, matlr ImNii nt to lilt, fir -called "•Anti-Kirkhark Art" of ,June I:1, 1934 (Vi Slat.') Ili. 62 Slat. 1162; Title Ill ( %S.C., suction 874: and Tillr 111 1'.ti.C., �►rrtion 2 76r), and all) ameritl- mviib or modifiration- thrrrol. -Hall tausr appropriaity provisions'lo he insrrlr,l in suhtontrarts to insure compliance- lhrrv%ilh in HUD-3200 1 "9) b% all s0wooiravlors subject thereto, and shall be reniminsible for the submission of affidavits required by subcontractors there- undrr, v%riyit its said Secretary of hnl►or may specifically provide for reasonable limitations, variations, tolerances, and exemp• lions fr,mr'lhe rrquircmrnts thereof. 9. EMPLO tMEOF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DET; I MINA7NT 7ON DECISION Any rlu&.; of laborers or mcchn't'lirs which is not listed in'the wage determination and which is to be employed under the ,tad a rc Wirt of the action taken shall submitted by thclhacal Public 1►ltCctian !►y the [,oval Public Agency or Public Body, Contract will be classific 1 Agency orPid) is BiIdy, through the Secretary of I lousiog and Urban Developrncnt, to'the Secretary of. Labor, United States bepakinei nt of Labor. In the event the interested part it-, ranr of agree oo`the proper clusbificatiorr or rerlassificclit' of a`pa'rticular class of laborers and rnechanit to be used, the 1111estion avrompaitied by the recornnictidation of the Local Public Agency or public Body shall be referred, through the `'o•rn•tary of Ilitusing Will I Irban. Dt �rlopoictit, to the .Seeretary of labor for final (it terrnination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The I011111 Public Agency or Public Body shall require, 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 wage rate and the Contractor Is (►itligated it) pay cash i yuivalent of such a fringe l,ctiefit, an hourly cash eyuivalcnt thereof to be established. In the event the interested parties cati'not agree upon,a„cash equivalent of the fringe benefit, the ,luestion, accompanied by the recommenda- tion itf the. Local Public Agency or Public Body, (hall he referred, through the Secretary of Housing and Urban Development, tit the Secretary of Labor fur determination. 11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Lalwr, United States Department of Labor, and the applicable wage de• termination derision.i of said Scrretary of Labor with respect to the various classifications of laborers and mechanics employed :oid Ito be rrnjilci}�cd ulxin the work covered by this Contract, and a statement showing :III deductions, if any, in accordance with the provisions of this Contract, to be made from wager, actually earned by persons so employed or to be employed in such rla��ifiratioos, shall lie posted at appropriate conspicuous points at the site, of the work. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No lahorrr or i'nrchariic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall I►+- disviturgv(I or in any other manner disrAininatcd against by the Contractor or any subcontractor because such ern. plt,}•er lia filed arty r,"' "faint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any pn►ceedirtg under or relating to the labor standards applicable under this Contract to his employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertain g g sof laborer: and mechanics ertiployed upon the work rovercd by this Conlract.Atall bepromptlyrelwri le it l,y the Contractor in writing to the Local Public Agency or Public Body for referral by the latter tlirough the Secretary of'Ilousing and Urban Development to the Secretary of Labor, United States Del,arltm•nt of IA&)r, whose drr.ision shall be final with respect thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTE.S AND REGULATIONS A11'iµtestiuits arising; under this (:ontract which riclule to the application or intrrtiretation of (a)'the aforesaid Anti- Kir{,barl, %rl, (b)'llte. 0miract Wurk'llours Startdar(L; Act, (r) the aforesaid Davir=•Iiacon Act, (d) the regulations issued by the Secretary of Labor, I Iniled States Uepartmrnt of Labor, pursuant to said Arts, or (o) the labor standards provisions of any •3• NUD•3200 ' ' • 1 .. oithrr pertinent l•edr.ral statute, shall' be`rr.fecred, through the !.Deal E ublie Agency or I'tblic E3ody and the Secretary of Fiuu:inb and Urban evvioIoment, to lite Secretary of Labor, Uttited States Department of Labor, for said Secretary's appro• priate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS Tin- (:oniraclor and'each subcontractor sliull'irrepare his pavrolls oil fomts sat isfactdry to and in accordance with iti• ►+lr irliiins to Ile" furnished by the Local Public Agency or Public Body. The Contractor shall eubrr it weekly to the Local Pub- I;v Agency or Public E3c dy two certified copies of all payrolls of the Contractor and of"the sub contractors,it bring understood that the Contractor shall be responsible for the sl bmimiun of copies of payrolls of ell subcontractors. Each such payroll sliall i`on' ain�ihe "Weekly Statemc it of Compliance" wet forth in Section 3.3 of Title 29, Code of Federal Regulations. The I ayrollh and basic, payroll records of the Co''Aractor and each subcontractor covering all laborers and rnechanics employed elh; and basin payroll ,� Y f_ g , t' h address and preserved for a period of 3 u Nin the. work covered b this Go'ritract sha!I be maintaineil'�du�in the course of years thereafter. Such payr'` p y I r•eco�'dssit 11 coritan tine name a dress of each such emiiloyce,his cos- i of tlu! I)avis•liaconr Actt,f dntI (and weekly of contributiotte or co� 'p' '' types g p n Section 1(b) (2) in leluding sts antics ated of the t es described i y y; number of hours worked deductions made and actual wages aid. In addition, wh icver the Secretary of Labor has found under Section 5.5(a) (1) (iv) of Title 29, Code of Federal licgulations, that the wages of any laborer or mechanic.incltide` the amount of any costs resonably anticipated in providing benefits under a plan or j rerl,►rarn` described in Section' 1'(b)' (2)•(I3) of the Davis-Bacun Act, the Contractor or subcontractor ahall maintain records Which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and'th`nt they p6n or'prograrn has been communicated in wn'ting to'the laborers or mechanics affected, and records which sho w the courts anticipated or the actual cost incurred in such benefits. The Contractor and each subcontractor shall make his eniployrnent records with''respect to persons employed by him upon the work covered by this Contract available for in- spection by authorized representatives of the Secretary of Ilousing'and Urban Development, the Local Public Agency or Public Body, andthe United Statcu'Department of labor. Such representatives shall be permitted to interview employees of the ( lIntrartor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES I'll(- transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the 0)ntractor or of any subcontractor, and the manufacturing or furnishing of matrrials, article-s, sup- plivs, or reluip`t`n4•nt fill the rile of the Project or Progrant to which this Contract pertains by persons employed by the Con- lr:u leer ou by uny subcontractor, shall, for the purl,aws of this Contract, and without Iimiting the generality of the foregoing 1►re,visieen, e►f this Cmitract, he deemed to be work to which'ihdse Federal labor Standards Provisions are applicable. 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract"env part of the work covered by this Coi tract or permit subcontracted work to be furthe r:;uhr�►ntrae'.trd witliont'the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Loyal I'ublir Agelivy or Public Body will not approve any subcontractor fur work covered by'this Contract who is at the Belli• ineligihlr under lhr pro%isions of any uj pilicable regulations issued by the Secretary of Labor, United States Department If Lalmr, te, ri-reive an award of such subcontract. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The t:e,i trarlur shall inclu'de or cause to be included in each subcontract covering any of the work covered by this Con. :rae•t, l,nwisiUns which are consistent with'thebe l' ederal'Labor Standards Provisions and also a clause reytriring the SUbCOn- ravlors to include serest provisions In any lower tier subcontracts which they may enter into, together with a clause rt:tlulring .ue h inse�rtieentin any furthfr subcontracts that may in turn be rnadc. 1 � 1 . 1 1 1 19, BREACIi OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS HUD-3200 (8--J) 'lit addition to the cause6 for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor Oran), subcontractor whose subcontract covers ally of the work covered by this Contract sha11 breach any of these Federal Gabor Standards Provisions, A breach of these Fe' deral Labor Standards Prov.6ons may also I'. undo fwr debarment ns provided by the applicable regulations issued by the. Secretary of Labor, United Sutes Departrr•,nt of Labor. -5- 0 H UO.320o 18.69) ATTACHMENT TO FEDERAL LAROR §TAN*DARLDS PROVISIIO4 NS SO-CALLED "ANTIKICKgACK ACT, AND 1RE ULATIONS PROMULGATE D PURSUANT, THERETO BY. THE- SECRETARY OF. LABOR, UNITED' STATES DEPARTMENT OF LABOR TITLE 18, U,S,C., se%ition 874 (Replaces section l of'Ehe Act of June 13, „1934'(48 Suit, 9d8, 40 U.S.C., sec. 276b)'pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC Wbik C EMPLOYEES Whoever,' by force, mtnmidation, or threat of procuring disrnlssal from employment; or by any "other manner wl atso- cver rridr'ice s anyperson enilil�ycd in the constnrction prosecution, con pleticfn o'r�'repair of any public'building, public work, es' building ur work' finitneed_rn whole. or in purl by Inrins or grants from the 1. noted Statca, to'bm•c up n,ny part of"the cum- pe llsatiun to which he is cnliticd'undcr• his contract of rin')loyment, shall I►c fined "not more then S:i,(H)0 or iml""soned n6t more. than five years, or !loth. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED `(48 Stat. 948, 62 Stat. 862, 63 Slat. 108,72 Stat. 967, 40 U.S.C., sec. 276c) g .,•• o , -e g 1; • ... . T1' n completion �ictiar repair of t e reasonable re ulations` for contractors a r ,., i ` " ` ee Secretary of Labor shall make nd subcontractors en a ed rn the construction, or an tt States, including � ,.."� p "? s rpm the United Stap • paint a provision each contractor an f subcontractor shall furnish week part by loans �}:' uddin s public works or bueldtn s or works financed nn whole or in gr ` g weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of TAV'18'(United States Code) shall ap'Ply to such statements. --- XXX- -- Pursuant to the &rrsaid Anti -Kickback Act, the Secretary of Labor, United Stales Department of Labor, lias promul- gated the regulnlions hereinafter set forth, which''reg dations are found in Title 29, Subtitle A, Code of Fediral Regulations, Part 3. The term "this part," as used in the regulations hereinafter seat forth, refers'to Part .3last above'mentioned. Said reg- ulalions are• as follows: TITLE 29 -- LABOR Subtitle A -- Office of the Secretary of Labor PART 3—C.,ON-i RS AND SUBCONT1tACTORS,ON_PUBL'IC BUILDING YOR PUBLIC WORK FINANCED'INi RACTO WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Ftirpose and scope. 'this part prescribe~ "anti -kickback" regulations under-wction 2 of the Act of June 13, 1934, as amended (40 U.S.C. .!76c), Popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards aril which is foe the construction,'proe^cation, completion, or repair of public Buildings, public works or buildings or works finanri'd in whole, err in part by loans or )ands frurn the united .States. The part is in to aid in'the enforcement uf1he miniinurn wage provisions of the: Davis -flacon Act and the various; stabiles dealing with Fe'derally•assidled cc;n,truction that untain similar minimuni wage pruvisionr:, including those provisions which are not suhlect to 11corhanizatirni flan No. 14 -6- ► a HUD•3200 18-69) ► [lie '�;�i' ' '►dPollution, Cn&ttrol Act, and the Ilous�ng Act 1959), and is, eh�� ( �.t,., it Leith ►e . i1"i Ae t of 1950 the'Fcderal Water ', are } p , ', ,.,,1,11' i' ! in 'i' isio,r. .,t,r,, rstt} !. iurst ._;' Able t ti�llr'-tU'tin %1. e'I hrsl,urt 10 rtutlst slit ublrgutlon.rof oitl'otntra tore andwu} eorttrac ors rclatSlarldar"ive� In thr'Iwcclywer `subrnissg n Iof s3tatcmi nts rrgard- in the wu r,i lard oii'. '` ,,ra, , I; �« ' work ctivcred iherc}iy; Beta fArth•tI1C Ci!'CtlrTlstafiCCB 8nd prOCCdUfC� �(lvcrning the mak, ng'o[ payroll -dc- ehu•liiinA %from the. wages of those employed on such work; and delineates the, rnethndse) payrncn't permissible on stsrh wail Seection' 12 Definitions. As T d in rbuildin ris�lr this arty Bide constructian`activt. 'aa'di h t 'r "wok eti rallyinc ,� �► :� : . [uniishin of materials or s;Lrvit I and maintenance , i etingufahed,from inanufnctunng, ( ,'g ' V 'ng ' g' work, The terms Include without' limitation buildings, structures, sail Ir1 , , ' , Y.:+ g ' < ,:-i,p•, �.. a. I � ' 9Wa�'a, btreCtB, itubWAyBi tunnels, sewers, lnains; power• p _, line's,) )urrnpi ns st tlons;'rallwal1saa it orts, crritmalsa docks piers, wharves, ways, lighthouses, buoys, jettieB breakwaters, le vevs, and rall'ai ls; dred i k • � g, „ "' g, ,,1 ,~ oldin , drtllln biassing, �� . �. ,� 6 �., .... .�. ,.., n' .. 6 gsentence,� , g. Unless�conductcil"in . 1 shoran staff g �, ca�vuhnglYylcarin�►, and landecapin d . , w. e eai�u�e liisn H llh :ind at the sil`e of sucit,a b l In ►'or work as; is desacrlhed 'tl)c Corr +oin thei'nianufactiirc or furnish- + .supplies,, " „I� r- ' ` a Fe:dcr`al or State. , ++9 p ( agency aaqulrcr ti!!c to su; h matcriala artlL'h'8!!811,11 Illl !i{ or t IClll y �. r,r dam'Ore ul MCrlt W11ClI1Cr nr not I I 'q pment during`the courseof the mariufac! 're or furnlsh>Irlgi or owns the materials from which they are manufactured or fitrni tied) is not a "building" or "work" within the meaning of the regulations 'in�I is part. O+ 1 " on Co a ton o "repair" � o �,„.. . i► Ths. terms construction, neise:cutl p � r re air mean all types of work done on a particular huilsling or work at the site thereof, Including, wit�loul limitation, ultering,rc ndecorating,a 4t port - modeling, paints i and ,the trans ity; of total trials and supplies; to or from the building or work by the employees of the cnstruchon contractor or construction uhr»nlracl�)r, and the inanufactunng or furnighirg of 'materials, articles, supplies, or egtupment un the site of'lie building or work, hy'liermns e�mployi-d at`ihc etc by the contractor or subcontrr. ttor. e I'll'' li1nn• public liuildir n or "public work include' 'uil�' ( �) ' � "p �" "1 "' .h ing or work for whose: cuustruction,`prose ution;'e:om- 111(l o ts, Or repair, as defined above, a Federal agency is a contracting platy, regardless of whether dile'theireo[ is in a Federal agimcy. (d) The diiig or work financed in whole or in part by Ioang'or grants from the United States" tncludesi build• u tarn "boil > dt ing or work or ndlr cltl frotn6fundso rod d b tilnans Dept ants by arFcderals deccd above, payment or plirt;paynticnt'is made r. :' ' y @ gr y agency. The term `does3'not include building or work y y p fair whir h Federal asdstance Is limltcil'salel to loan guarantees or insurance. 0) Every l,r.rse►n {laid by a contractor or subcontractor in 6ny manner for ills Iabor in the cons4tr'uct{on; prosecution, rein tilcliun, or repair of a pubGc'butliiing or'puhlie work or building or work financed in whole or in part by'loans or gruff is frmnIlie' lhiitri{ Stales is "employed" and receiving "wages," regardless of any cortira,:tual relationship alleged to exist between loins aml 't h+- real e�inployi•r. ra ,"par u► "or u (leer of tl c contractor or subcontractor: a c' rent, or ot{iio close rclativc'nf ilia rontractor'or'sub- 'I h1. te•rm an affiliated' croon includes a s )ouse, child a e!unt t r, a'1 tr r f orporation'rlosely contnected with the contractor or s+ulwontractor us pitrent, subsidiary or otherwise, and an of(icer or agent of such corl,oration. (g) 9'll ' "Federal agency" means the United States" the Distiict'uf Columbia,and all executive departments, in- e term . de pe nde�n t e stablishr` nimentalitlea 0f hie United Stains and of the District of Columbia, inrludinh corllorations'pil or substantially all of the s cck of whirh is beneficially owned by"the United States, by the District esf I:olnnibia, or any of tlie'foreguing departments, establishments, agencies, and instrumentalities. Section 3.3 I'Veckly statement with respect to payment of wages. (n) As el•e•rl ill tbix wetinn, the•. firm "rnij,luye�e," shall not apply lu lirrvins in classifiratiuns tiigher than that of laborer ur nle•rhaesiv sins1 tisuser who arc the• iinmesliatr supervisor, of uch empluyres. .7- HUD 3200 ' (8.391 , �` y. ",'k, g aian pyrosecutron comlpie y f :•�J �• •• "IL•",^ � "`•�.�:I j�) ^�. ?fit%l 74'. r. }7"t r�i. 9+laie , .►� .�, ,•r. ,.r ,�. ►v ,: to +i tinn, or repair of any pu Fal.h;contractorot aubcontractoren �a ed in the coltstruc or 1 111c work, or bu{idin or work finnnced in. wl�wle ar i .. yj � ' nti •a � ' "`'+ fli�neiaih each wce.k a tatement with respect`. - Ithe wages paid each ofli11 emplon loans grants from the United Str►tes; s1-1 µ ' p Y. P ,, ' •; 71,r +`� engaged on work'cov red by 29 CFR Y' s' { . .. o r t , . ; par+ +w • , fN ,,rY� ,r a.��' �,�,.,r 1 ar a , and 1 diitin1°" 1e rr'e'cr.dil. ` weckl a roP p �s statement shall be executed hY the co> ractoc or sube on- lrartur orb ' an authorized officer or em to eC f the contractor :yii"he ' ,e�.» shill be nn fu�iii «��i :i4L "Sfatencrtt u['Corn'`'liance.'' ar ii'atn` r! titi al'fliWrm ea' 1se`sisyment of wages, and Y or who super ,; n the back of.WH`847 ! a Hell Fur Con- lraclur>r 11pUlmul llr �) ur oa any form with Idcnllral we�rdlnR..5umplc rapu•F of W{I :147 and WI!'Ul inuy be ubla need fri►en t hr l;uvl rnnumt l•I,tral•ling or si�llse,rin ugcnr.y. WWII 1•e�liics „f llii•rl� fnrm,� rnu�• be punhascd rt the 'tivrrriliiiiil'riritinh Offihr. uiri"me.eitei of ,this section shall not all" it to all contract of $2,000 or lens. �) 1 I! Y Y 4:1 .fit rovlde reasonable liintatl (d) Upon u wri'tti:n finding hy'.tlle head of a Federal agency, t 1e Secretary of Labor may p 'Deis, variations', tolerii ccs, and exemptions from the requirements of this section subjeet`to guch`conditions"as the Secretary of Labor may specify. : ' •. �: .. Nip ,.,,,r _, 4.9 F.11. 9 5 Jiro. 4,1964, as amended at 33 F.A. 10186, jnly 1'7, 19681 Y p and,inspection of wee`. Section 3.4 Sub�mission'of week) statements rind he reservation ' 'y kl a- roll recods. Y�p Y 1i Each wee.kl statement rcq ur-ee! under 3.3 shall `be''dcl vercd b the contcacr r or subc ,' Iti ,aaer I'! ,V . .', w . .. VAi ., to o �t�cto�wi�rg{un sctile ( )� - Y q § Y ..� �. g' P Y . i p)r ,,. p iiii •;' .;a ,5` p r "� �' of hc'biI Wi or wor days :,free !hr rc 11ar a merit date of the a roll enod to a re resentativc,o[ a Federal o Star_ agcn In�.cha �� at site uf4he building or work; or; if thierc is'no represcntative�of' Fc Feral or State agency at tile site g ork, ille statement shall be mailed by the conlractaro�aubcontractor, "w� hln such time, to a Federal or State agency 6ntracting • �r'txvda for or financing ilia building`or work. After such examination and clieck its in'ay` be'niade, such�staterneirit, or a cop} thereof, shall be kerpt avadablr. or shall be transm tted.togethcr with a`report o any�`violalion, in accordance with a tplicahle procedures pri4crilird by'tllc united States Department of Labor. .;... tt.•t.:r,•., ,. se .,•v ., *,ki; .: •, .x`�.lt . � ,, I:a�li"contractor or�subcuhtractor sh I preserve hia weekly payroll records for a peridd dFifircl:,years [rum date of s tiaas+aCE 4e>' : ko r Ce,11llplPtioh of the eonlraO. �) he payroll relords Shall S1.et out•nectiralely:and comE,letel10Ly the name and address'of eachlaliarr:r ill ail cliuilic, hls'corrcr;l clay ificati _n `rate of pay, daily and weekly number of hours worked,'dciluctil ns made, and actoAl Wages puiil: Sueli liayroll oTords shall be made available at all times for inspection by the contracting officer or his authorized ri j rcKi iitulivv, unit by authorized representatii'ex of the DepnrtITicnt o[ Labor. Section 3.S Payroll deductions permissible without ippfication to or approval of the Secretary of hbor. 4( I ediietinns made under{the circumstances or in the situations described rin'the"paragraphs of this section may be made willinill 4ipli6liun to an'd ajipml'ill of lllr Secretary of Labor: (a) Any elNiluition made in cumj,li ce with�tlic reyilirentrntsuf F'rdrral, State, or locJI law, sup h as Fe�dcrd or State witllholdilig mce,mc taxes and Fe(leral tor.ial security taxes. (1) Aiiy'drdli lion of s ' l usly"paiJ to the empli yc�• as a bona fide`preliaylnenl of wages when sueh ph!l1a% tilt ill ir. 111alle' wllrluUt dlFle►unt or Interest., A bona fide prepayment'of wages is considered to have been made only wlwl h cash or its vtluivali• it bus` been advancerl to they persurt employed in such manner as to give him complete freednln of'diiijxlsitie,n o ow allvalived`fitnils. (r) A11V lirductinn o elnloutits required by court process to be paid to anti thee, unlcss`Ncdcdulaion is in favor of the• e•etntrarlor, stilwonlractur or any affiliated perseln, or when collusion or collaboration exists. e HUD3200 1689) c ti ul! allothc"' ` r r..1 I) Atiy dcdut trnn,conshtutin a contribution on bch person empioye( to funds established hy'the employer h.; v .n['' :r` s!' . e :�i . .,!).:�.: j�y3' ,T �tom.: !,r1t`^r7,� , lie rrlirl�M�n(2G,vcx of employees, iar both tor: the'prupose of providing either, from principal or, income, of th,;nedic, or r,jidul i n�',' Itei Kic ns or'an`nuitice A retirement; dealh� beneCts�compe ion forrinjuries, illriese, accrdents�' sick teas, or Ilit,illili eEs ,,{,F/„•L,A t. '. 44, ::'..hJ. ,rt4-t, i 4 `t. 'i.- l{ra.ai9't 4!r.-,`.•xf.y+St:tal li.t►.a:i � w��E ` Y I Y ko' &,i , P- . n ,,a .,., a sa n accounts, or I 'or for insurance to itovtde`an `of t)tc fore in or unern to meat bcneGte, vacation ii y, ., P' �i. r�u Ini' j;aji� i nls four the i>rnefit ul employees, their families and}dependents: Novidedt howove(, That. the fo�owinl,titandards an' i'gc`l: "(� T�ir. deduction is nut otherwise prohibited by„llawi (t it is c ter:' (i) Voluntarily consenledlu ythe°employee , 1"I .ttF. ,e icriodinwl` H �� 1 Y `RW Dom. in ��AI' , . e"716' � '� ,, i� a ch therwork'"i �to. 6g;d�onc and such cunec�ttt is niil a cortdirt n, e�/lien for lh'e , to and tit advance of the ti' nl,wnt irhtainin of or fac the ro liii atiori Of em Io trient' or it rovidt:d for in a bona fide collecttvc b 3nin Bement be r or subcontractor and rc Y ,,. `,, , g;_, ,x. P ' (.. P . w .,r(� , p ?, d tavern the 'contractor . resentativea of its em o ees 3 no �'° form of commission divide � obtained, p " � ' p y, it or other benefit fe otherwi dircclly or fndircctly, by"the contractor or subcontractor or any efGlLted person in the , d, or Otherwise; and (4) tlrc deductions shall servelhe convenience and interest of the employee, c Any deduction contriliiitfn � toward `iurchasc of,Unitc O ` . ,6 l d Slates Defense Stamps andyBonds when voluntarily aulhiricd liy the r.mpliiycr., "4 dcduchoii`r''e`"aested i� 'ihc'em xloE cc''la�cn �t' " toh' ZZ a lonnsto or to urchasc shares in credit anions (1). Ally . ,. g, Y p Y able him P Y P orgunired anil olwrutetl in accordance with Federal and State credit unt.rn statutes. (g) Any dc'ductioii votiinlarily authorized by,uthe emplofte for the ''inaking of'c'ontiibutions to governmental or quasi- govrrnnieiilal agencies, such as the American Red Cross. . ' rii `authorized b the e'm to cii for the inakino of contributions to Commun�ti (h) Arty'dt.ductwn vtilunta ' y, ,` y«� p y hCStB, Ihdt*iti Mvrr% huiMs, and similiar charitahleorganirations. Aid' dt.diii�'iuiuw'Cu pay rebul6r union iniUaiton fee andnernbcrshili'durs; not mcludutg' t`;' i ` ' k► fines or special assessrncnts: li'iii,i11M, hSiiwr.ver, That a'collectivc bargaining agreement between the `contractor or subcontractor and rcprescntatives oCits c11111 .4. provides' for such deduciiuns�and the deductions are not otherwise prohibited hy1aw. f' �1`! :k'p#NFL i.�it6N ,. S.,.. 11,,.. �'x �. 1fi�n..�.t i`rE"...' '.' (j) Any.&'di lion not mole than for the reasonable cost of board lodging, ur"other facilities meeting the require. *y, ")of �.� , eV • r)i' r.. r.r', s n - .,�r ..�y .�, nients of section 3(nts �of the Fair Labor Standards! Aci of 1938, aa;iimeiided,`and d'art 531 'of this title, When such a deduction isrmade'the'additio"nal'ieco cls'rcquired under § 516.2q,(a) of this title shall be kept. 5ecfi6n 3.6 Payroll deductions permissible with"the ipproviai of the Secretary 61r abor. Any rtmtrai.,tor iirsilbroptractor muy u i ily to theSecre'tory of Labor ftir'permission to make any deduction not per- niitl�-d'i 'Jer § a,3, The So! rcWry may !,rant permit;sion wdicnever lie ifndt; that: (ii) 'file r(l) iitiat:tar, subrontractor, ui•'3ny affiliated Ipersoa'does not make a profit or benefit directly or indirectly"from the dedncliiin either in`ilic form of a commission, dividend, or otherwise; (ti) '!'lie deduction is nut otherwise prihihited by law; e Thr `dedii;ction is either (I) voluntarily consented to by''`the emhlnyec in writing find in advance of the period in which the w-drk is Iti lie dune and su'vii coneimt. is not a condition either for the'obtaining of ent)tloyinent or ids continitance,'or (f) lit"' ided ftir in a Bona fide collective bargainirg agreement�hetween the. contractor or subcontractor anTrepresentat%ives of its v nrpltiy res; and '( l) The dethirtion carves the cunvviriencc alit] inli-rt',t,if the, employee. -9. t1UD•3200 � • e-691 • Section 3.7 Applications for the approval of the Secretary of Labor, Any 410 applidation For the; making of payroll deriuctions under § 3,6 shall comply with'''the requirements prestidled ul ifie fullowing`paragraphe of tHr. section: (a) Tim applieation eliall be in wilting and sliall be addressedV to`the SecteWry'd Labor. 11 �l'lIN A 1 Ilcatto' ,;,'.%s, It ,1rC? 'tt " , �;.. �y ' ` ntrac:t'or contracts under which the wpoork in uestion is tci br perfurmrd, I'cr- n shall`identt[ the co , r „!: q (,) IP Y mim6h will be given for deductions only on apeeific identified contracts exce tt u n a eh'owing of exceptionale.ircumslances, 4: (c) The aliplication shall state afCrmativply tl�iat'therc re compliance with th ittandc'de t pt'orth in'the provisions of § 'l,lt,'1'he affirrnation shall be accompanied by a full statement of the [acts indicating su 1 ance, (d) ;The sthall i iclude a description of the proiposedadeductron,'Ithe purpose to be served thereby, art the rlasm%of litborers or mechanics from whose wages the proposed deduction wortld be made. ii.:'.,��,....,.ck•. 4...iJ;:� (e) , I III application bhall''state the name surd business of any`tllird person'to whom any funds obtainrrl front the pro- puM-il ill�eli i�litms Are to br.' lratisti ticd and't}rc afCliation o[ s��ch"person, if any; with thr, applicant. Scerhon 3.8 Action by the Secretary of Labor`upon applications. I- Secretary of I.alxrr shall dre idr`wh ither i 'or not ille requested deductionis permissiible 'r nder provision:'; of § 3.6; Atli] Khalinoiify the applicant in writing ii'f his decision. Section 3.9 Prohibited 'payroIII `deductions. Deductions: nol clscwliere providcd'for by thi`s'part and witich are not found to be permtmible under § 3,6 are prohibited. Secioon 3 10 Methods of payment of wages. The payrnent,of Wages shall be by cash, negotiable instruments pi yable'on'dcmand; oc he add lion I forms of cotnpcnsa• tiun for which deductions are pertnissible under this part. No other methods 'of payment shall be recognized on work subject. IoIliv Omelatid Act. Se on 3.1 1 Regulations part of contract. AllcuritriCts`nradc with rciilect to We`construe for prosecution curn'ple tun o ` ~ ' "*.'�a trsti ,.. ,r�' sv part of ac b�uildtng urpubli 4 financed to whole or m part by loans or *h re covered by It to regulations is wark rrr buildtngor work grants from the ntted States n tllis'� rt Khull expm� l�• hind We contractor or`aubcoritractor to comply with such of the regulations in this part as may be 611. plirahle. In this; regard, A-e § :i.5 (a) of tliis subtitle. *US GOVERMENT PRINTING orFiCE: 1976=189-018/156 SUPPLEMENTARY cor&ITibNs 12179 MUD64010 (2-76) U.S.'DEPARTMENT OFMOUSINdAWIUR BAN DEVE �OL$)�AENT COJAMUOTY"bEVEL"0096T BLOCK GRANT PROGRAM FEDERAL LABOR STANDARDS PROVISIONS The Frojact, or, Frograq,,Jo"i&io� 'd ic covered , by',this' Contract the e,,woi 13 -Wei Oa, .and; wiitea! �b Ili U' Aiiihs is, be e hited-Stat-6 of HH-iowihIg Fed Labor Standards. P'r'0A',i,"ir-'0`n"-Bi are included :in this &&niiaiiat pursuant to the prov"ision'ri ap'pil6a'ble to such Federal assist- ance. 2@ MMMM WAGE RATES FOR'LABORERS AND MHMCS All laborers !arid mac cs1','employedAip'dh'the �'J work!covered by this Contract 'ocl,t shall -be iLid" uriCOnd ionally,,,and ;note 166h',often `than ,,ance. each-, w'ee'k'*4, and withou subsequent "da0A6n,dr1jcebatb on any acco•unt, I -4,iC4, r.3rj an such suo pa -oll'Uddatiohe aa' a' w exdbpt�- h'"' e' m0i . k. . yx re mad 611� 'd as,,�are.,eA3e=,, Other pa: �,`de7d- at'ionsa" Me*W?j�y"the''ap applicable 'regula- Pa,.:..YT rV ii "onnAlt''16sued �bY ret, or ed. States' Dbpar men of Labort ri,'�;pursuat, 'it) the A9�14?qfia'o' A�'r ': Cd:4 fi It A AM the 3 irbrar k Abt-heribm"r, �� I ..", V1 Of 06lip 11�amount aue, �tItime pwage aym'tent1�6d 't" ":ites not;less ; 4a wage 3.1,.,RL4f than�.`thb6'e - 4ontWhndd in thede'terW 'e6 r �d "i 3i onof said,, "is attached a oiitted Secreik f ',w which 7, of Labor'ffa,i'bb� , at 8 'copy 4-�4i - . V, W. ." 1 k, " r4,r a --a 11 "" "be by �refdr'ei`nfc'66) n rao ift i fhiLl r'i latidne J w ich`Ilrigy, _y-oo i< .aiba� to between the 'Contractor, or any subcontractor rana"ouch llr_ M 1 2 11.11.1 1,11, V110 j s -�� ", _` h lAborers',and mechanics...,All m'dchiinics employed upon such b4l_ "Ott. XW9 e k *0 'e"p" ayment.ma yt� �orloshall'd l' 61iblhe �yb19. .1 Y1 'by the secures shtisifaotor, y facill ice approv6d- cyor db. the c 0yerjpi�bVideq or Local, Publi, c�'Agdn Pcashing -the am wiihoiA c461r 1�1! V-41 4_.' I , 11� , , ._,Wt 1, .;, "" oat or ex,+"*,- 6b,"Iro ihe employee: 'f this,'clauflej, pose� a _pen . I ye e For theypur ^;, Wl' W . , I ibbLde or costs read;�ably anticipated con i-butione'ufider Se6t1on 1 (b) "0"2) of .NN:'!hb"bkvis_'-kj�i6on Act,:jon'�behklf of 3.aborel�s,,&c mechinica'are, if 'r , I I ' cl men re 'a' WagSection 8-',,paidI toi4such'-Iiiborers 'or, mealad c8l j consia6^ SI& eat to the Apr of 5 '6f.�Iile 2% Code of 16A'e'ral . I Re&lati ohs. A160'6r . f th' b ciilt6e, re"g"Alir co�t'r'iblbo_ , por se o no rAae or co"A's a`d'u!rred more ihan a we'ekfi"' ei16a under aneq funds, 'Or PrOgTaMbp,, but covering thie par or we period-g are deemdd to be constl-ruictiv6ly made or incurred during such weekly period. 3. MMERPAMMTS OF WAGES OR SALARIES unhieii�paymen't of wages by the C n In case of o trad"tor or by, any subcontractor tc laborers or mechanics employed dL by..thel. Contr''a6`�T,6r or' subconitraA6'r iij6h ihe,wo�,�c.��oene�,'by this Contract,q the cal F61i'o Agency or Pdbllc',-�bdy in ' o, sriibh other A6ts, as may be afford- ed it under tfiis bo'kract 13'hAil I withhold "from the Contractor, oat of azW payments due the donitractor, so �aiic;h thereof as the Local P"lic Page I of 13 Pages Agenoy or Publ o 3ddY�FMaY consider necessaZy `to }pxay�rteuoh l��aorers or meohanioe the fulYl amount of F gages A4,Ured bye this Contrast. Tlie ammount so' w oelVn on di6 sad,.by bite Looal Public Ageriay��or , +A it iil�'Body,A t of°the.Contraotor or,the`subocntraator (ae 'be a ro r14W*iate t6-the e� , ,. h •ro ,,, may pp. p ), p ative laborers :or mechan cs to the same is, due or on Lit r behalf ,to plans, finds, o.. p gr 9 wYiom the i for any type of fringe bore' prescribed 'in the applicab].a wage determination. 4. ANTICIPATED COSTS or FRINGE BENEFITS If the Contractor does,"not make , p�Fiymente '�o `a 'this Lee or, o�!iar x .P" � ,:. ;.,mow ` s o *ks third arson, he.=may consider as past of .thy wages ofvkf n laborewi-r; or mechanic :the .,amount of an costs treasonabl antics ` " fr be �, .� .. Y . � � Y . P�ted 3n providing ing�e nefite','under a plan ;or program of a type ;elrpressly listed "in Y.... k tM` 1. the wage,,dete'rmination decision of the Secretary o£ Labor which,"is a found' u' 'on the written: re�ueetdof t ; hae't�the aplia be 11 art: , P _ q • of.,the contractor t of- his Contraot. w ever the Secret of Labor has stanrdar'ds of the,Devis-Bacon Act haven been met. p The Secretary, of Labor ma re u.re"the Contractor to set, aside in a se arate ecco A"coeseo s for the meeting; of.tobligatibha under the,plan or p ogram. py f any fi.nrdih r"s made by the; Seoretary of Labor in reapeot to frf zige benefits being provided ;by 'i a Contractor must be submitted to tiro Local Puglia Agency or Public Bo`ay with the first payroll filed by the Contractor subsequent to receipt of the findings. 5 � t :� .,« ,;: , .: •. ,+� ::�; , y. , . ;. _, ..;x ;,,. is � !;;;, OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK 0 RS AND `SVETY STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 127- 332) (a) wertate requr m nts. No Contractor or subcontractor oontraet .rig �� of the Contract work which mac requir- � �� in for, any part or h a rare or mechanics, ir_c1 ing en involve the employment of laborers and guards, shail require or Fermi.t any laborer or mechanic in any workweek f - ., R� �P aY,_.. on � it 14, . h0krsein Pi�ywcal ndaridae or inaexcesecofW40khoursoin uchxwork o � 8 P week unless h laborer or mechanic receives com eneation at a ru.te!`n t ours worked in excess dofn8~hourshalf tineany calendars his basic or inbf yexcessor �ofh40 h`, Y Y ours in such work week, as the case may be. ion. 13�-6ait f r a cC w" s l' u'id (b� Violet �..:, o �,� ed In the event of any violation of the clause set forth', in paragraph a), the any subcontractor res onsibie therefor shall be liable'Contractor nyaffeate'd e" 10 ee for h :d; 4 n mp y _ is unpaid wages. in addition; such Con' actor sY�a11 be liable to the IInited Stakes for liquidated rd ages. Such liquidated damages shall be computed with resP thetcto each ihdividual laborer or mechatio employed in violations P � P )r forth in ar a h a inthe'sum of 810 for each calendar day on which such employee was required or permitted to work Page 2 of 13 Pages HUD•4010 (2•16) •�- ✓.rj�}+ �:;1 •� �k"U �. " 8` i1rl.r ,.,. j.,' " ,t'. , �, .•i.. 5,".:.� {i•`..�+,. ,:.r. .iyy'e.1r+ r ,..i.z+ a �,.�,• ,. �(s. 3n' excess of 8, hours or in' excess 'of the. etanrlard workweek of 0"hours without, payment v. of the overtime wages a ra aired b the clause se „'.,.�, •., '-t forth a8e q Y � P agrP (g)• y t G ry15`Y. 4�d � 4t LNr�rIG+ i.•;' �' �r�T,f,'� blio f�one 1 ��1"A"}I�1A'LD�q i1V a , Withhol ;tor liQ dated s . ilh aa1, Pu ° cy or Public Body`. shall=withhold;or cause to be w3.th Ql`d, from moneys suoh 1`6 �as administrativel be•''determined to ' ,�.. payable ,on account , r*work#p�erfo�rmed by,thet Contractor or sseubaonoactor, atis' ' 1im bilit se; - such '�Contraa or or oiibcuntrac'to s dalslage p r `for , l'iqui- dated a as rev , vided in the clause vet forth in' 'paragraph (b). ,� ri:s"Oft ,�^4ilLfrp "J 3i • ;h,Ti irr,Cpjs c - (d� Suboontr" The Contraotor.shall insert:•in any, subcontracts { e rth: paragrap f (a)`' an h' s 'Seat"ion the Claus s set"forth: h r �` s , (b), d (a��,Nof t inaalso a clause rerq ring�t bcontriotors to include these.tclauses "<'' low'' 1`6r subaontractsewhiah they may enter ,into, together with clause requiring this insertion `in any further eubrontracts that may in turn be made. 6. WIO)MM OF APPPMTICES/{TRA=S a, Appre' nnt�ice's; will be perm ted to work at less than the'prede- te mined irate�-forthe} woikithulain a ,a w"hi fide are em- ployed �' k the erformed when ; r Y gitji0't6're`d' S De axtmepprentice- shi ro am;:re ietered h the U.. •. nt o . and individuall• e a Men ower Administration Bh: eau of ' A ' ` P �d ^�- f Labor,. 'p' P�.. � �' "'' •"., , �` , ; •�pprenticeship aid Training, or wit a State Apprenticeship Agency recognizedt by��t,he� Hu eau; c �.: ors, if ya pereonl ieY Toyed, in, hiss first 190 „da vof;,pirobdYtionary eiaployment agaii,#apprentice in such an appre iceship program, Who is notairdividually, 'registered in,, the ,programs ,but ,who kias been certifi �d:by.he Itureau of Apprenticeship; and Training or a Stater; Apprenti'oeshii��'Ag�ency (where appropriate),,,to be �I P f a Y:,, mP Ym PPrentice �Th'e eligible for robat p ym n e to ent �as an a J .a� ar. va• n,. ''``ter •.a{ r''- be renti,c6 to ourne en in any, craft classi- fioatioxi shall nod ift6i the'"' atio permitted . to the allowable ratio o prentices contractor as to, his entire work force under the registered program. Ai& employee list e`d on a payroll. at an apprentice;� . f fined in subdivision (b) a trainee ae de of this sub ��r a h it wage rate whc is notAm . p agr p �t registered or otherwise employed all be ai, ,y ' or s no as stated � p , ' •age:.:., terniined by the ed above sh d the w rate de Secretary of Labor for the claseifieation of work he abtually performed. The contractor or subcontractor will be required to Page 3 of 13 Pages HUD-4010 (2.76) a rk `�ok ' "r��a �" •:- . � ! if r�,.,to l;contraat a effieer or ,ra. ;� presentative of `''the .. Wage'rHour Diviei'on° of theTDepar meat of :Labor written d z ,¢ rii+ ' It 0J i• �1 ► t:, ; t9v c.;l igj• . evidence�of t�egistration�af. I�ie'"pxogramand apprentices` as we1lF as the appropri`ate�ratios and, wagiv rates `(expressed f � ; PP raise for, the 'ai^ea; of a struoation prior to using a rentiae, , on � ..; b .�:r.. r 9,%6nt s of the corns . aid ��• , �k.,.. � �• �- .,,, the con work. Thew rate a" rentices shall be not leeerthan the appropriate: percentage of 16.`Journeyman�a rate 'oontained in th9 applicable wa,g;a deter6iiatione- b. Trainees.' Except as provided in 2 CIi'R 5`.'15 trainees wi ,; not ^ . .'e; t' �'iki 4+ �` �f O4 Pik„ w•'�Mj•, . �y i be perms ted to "work it 'less ;than •thes,predetermified' rate for the- work .performed unless they are,, employed purodbh,t' to and individually, registered in �a program which has received prior. -,. • meet of; Labor Man �. ,., ,; appp 'val ,� evidenced b" formal cert3 fixation, by thee 'U. S.:, �. . a P y n )6p � y , . �nK , {� t' tower Add nisttiation, ,Bureau, of Appren- ticel and' Tainin The rati"o t Ail ` r g, of rainees to `Journeymen aha11 y�G+YrI' °�.F+6'�': i1=^asn A+ • fi�a r * +iM *� .,h ,no bye' greketer�S than Gpermitted,.tinder,: the plan appro d by ;the 1311reau of Apnrent ceenlp� and Trdi i14..; � Eirery trainee ,must be s srrr F �1W a v , 5 E, p rate specified• iin' the aapproved ;pro-- aid' at not lebf < than •the gsrY,.ua�r P ,_ vel 'of ro figs. aloe,listed"44onthe ,. `p,Y mp y am for his 1 payroll at a trainee mate who ie„not registered and part ci- pates .1g in a tra.iningplan approved by, the ,Bareau of : pPrenfice- ehip ''and :Training ehall be paid not less than the' ,wage rate detect iiiecd' by, -the Secretary of Labor for 'the clasei+fication of `-C{'°i� � l'!"y � . .y. ,, i. ' >��x w .,; s r 1Ti, work he acualy performed. g,The �c�onractor or subcontractor will be require ao fLi.3ii9ii`,the contracting, officer' or a r repre- xr�F„'Division;of k.the UY: S.+Department of sentative Hof the''Wage-Hour written a �idenee of the certification of hi's,,program, the registration of the trainees, and the ratios,and'wage, rates'prescribed in that program. ,In the event „the; Bureau PP, thepcand:'TrainingOr �withdraws; approval of� a train- in g .A renticeelu• 8'e P 84"a to u .l ze trraainees atnless tthan lthe napplicable epredekermined rate for the work performed until an acceptable program 'is approved.) y a y".Ilw' r`' io"'M:YY` • R'I'W.y ..;;,'. L`' `i+N 1 c . Equal . �plo� ent .. Op orti6aty. The utili" p apprentfioee, � .�,� ;,: x: ; ... .,. ... zetion of ..i� trainees arid' ourne en under this part shall be in conformity with the equal e�rployment opport�izity requirements oi" Executive Order 1124.6, as amended, and 29 CPR Part 30. Page •1 of 13 Pages HUD•4010 (2.76) 7. EWWV T OV CM&A ff PMSON5 PROHIBI'M No: person under, the 4& of siiteen`,yearsarid no person who, at • the time" lb" servng i'sentence in a Penal; or'correctional institution' shall be employe& on the work covered by this boatraot. :dR'rvllab.+, t «,,rt4tLtti�w -�=-7, e,. Sr�1ViRi�'•' . •Htic>J^x.jj:1: a 80 •REGIILATIONS"PURSUANT TO SO-0.ALLID "ANTI -KICKBACK ACT" '�{ Yr�?"S' �. � , t •'� ny�y.,+ yy+T. r'�' i:�'+ ly+ll'i' •"R"'Pa �MT�r.:. x�r � yi` "wr�j•�r, The;,0ontraator-5j"haul" 1 oomply with'the'jappliaable regulations• -(a , !!1 A V ,- f .,ta ,iY ". 11 :00" pit,.•, 1 Not Y r n I+/ -A copy`° ofwhfch fisattaohed andR;hereia incorporated by reference) of tYie 6eore+tar c o&I&bor`j IIn'i`�ed .States Department of) -I atior; aaade pursuant o t the eon oared' "Anti Kickb ck` Z`�" Sf June 1 1 V8` Stay' 8 62; f s Ir,�,, t.- -a'k 9"jTM` .: Y6 .: ti,.ry ' . 3�� , 93��St C , , • ` 9 7, _ r. Stat. y}fl62; Ti't1e, .II. S:C: LISeatic, 87 and' Title 40 II 7.C.'"� Seotion'- 2760) 1rV a*�t r.'xJae. atiMlr`iMit?M.:.. „. ro ''V (,° �» andaamendments or modficaione thereof, e�hall oause appropriate USa� Y ,:.; mP rewih oions - be.'ingertedin subaon rao s to. ineuco liaise thesubail o C' n rao ors, subject thereto "and7ehall be responsible £or ,.�: s� Aso., <� , � o + ifyi,�viieorremayred by subcontractors thereunder, except .�fioally provide "for reagonablr as said Secret of x e limitations, vax3st'ions, tolerances, and exemptions from the require- ments thereof. ,'�..:. s.r .rz•�i�,.,r a ;+e ;... :,. :.,� , a. .. �. ,. , 1'(n 9. ENd'hOnYMENT ,'OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE .... DETERMINATION DECISION �>�.•_ ` .sue . ,.�_# � � •,°�� s �_ Any, class of laborers or mechanics whiohy,is,not"listed in the, wage �•`'" w�ii`r �e1o. j �.. �. ,j, - . .,F�M- F' .,:`i ,r. . b " r o.,.Wi) r'_ deter nation and wii ch a to to Y employed under the Contrac� . will `- be Looal'�Piibl c A " nca�or Publ�ienBor�bandta ;resort 'of The a ion'tak the classified 'or,rec1 y age "by t.,a,y K en �x ., ft y Local' Publio Agency P shall be�submittad b the na or Public Bo through !,. ax ' " :o g tomhd ,U + 6 P I r' e,, .the 'Secret `y" �oftHausiiiand Urban �evelo merit' to -thee S retary Labor United Sta`ee De astment of Labors , Its the event the in�ereeted r7►:: w•. P ,a,lpii y r. ,, f.. Ail w'a" ".1"1 ►.*w' attics oatinot a- gree on the; ro er alassifioation or reclassification of:a grarticular.classof laborers and moahanics to be used, the questoi mp ed by. the recemme o the Sears�� Agency or Public �1. ao shad be referred thr � n of, the�Lo� i,Publio, 'Body , of Housing and Urban Development, to the Secretary of Labor for `final determination. 10. FRINGE BENEFITS NOT E:GMSSED AS HOURLY WAGE RATES The Local Publio Age boy or Publih' dy shall require, whenever 'the �..T .r., #snr, v s, ;,:.-.,NS•r 7l .•r. :+. r►. �,.t. .,a• ,r '. Pey7.'f ><sw. we cha'riiae�'aludee, rate pae`frribed, ne it' whi Lacs not a 'ressedfasaan hoiirl� wage: rate and ,'the Contractor ie obligeted to 'rH,y- casks equfval'`"ofs; Y w r �8'e � .: r,y ,. �•,. .. rant�suoh a fr benefit an hourly cash equivalent thereof to be established. In the event the interestedR;parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the,reoommendation of the Local Public Agenoy or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Tabor for determination. Page 5 of 13 F=ages HUD•4010 (4.70 11. POSTING WAGEDPX"NATION DECISIONS AND'AUTHORIZED WAGE AEDUCTT OAS . The appllioable wage •poster `of the Seoiretai-y of tibar, Uni , S tad testes .+r of..µ `~~ •.�,...,� Pam, • .. +' .Nvarioue'claeBifiaati4in of f ea a o�tof Labor aand the a vliaable wage, deteimination deter cry habor, w respect x'be",lo''+ d u on the work laborers and mechanics a i10 d;'andttohe .,,. ,� , K.:° �� 1 a .statement show .'a11.•de �•, -,�t� :. .. ,. � .• �by:s:°Contract •.and mP�r` � � � P � covered accordance xiihR� �he provie . - ' duct�ions if any, ''in aotuall earned b b 6: ~.., wages ione of this Contrast to -be, from 1. •y�, y p nacres eo employed_ or to: be employed in suoh,olasei— fications', shall be'poeted at appropriate conspicuous points at the site of the work. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES ti a8'e .. No 'laborer or, meoMhaaic to •�rhom'' +hew ,,, salmi y, , or other labor ""f"• `, ' -"o • t'his � Contract arel'a "linable shall be disc' ar d staridai^do provieiaue' of�:" � � � }^, . .. PP 5 . r ,� 8'e o „retractor or any. r in tractors �� � .�.,� ,. •x� • beaa"�eereuahc eui lo` ee hAB. , ledbany complaint or, Ifietituted earimina su con P. Y , or oaused to be ineituted any proceeding or has testified or is about to testify irs any, `praoeeding under or relating to the labor standards appli-- o"le under this doiiAra'at to hie employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and"2dieputee� pertairi k'to wags ra esF orr t;o, classifications ,. of latiordre and lreohani.cs e©plooyed upon the work covered by this -!Contract shall be promptly, reported .by the Contractor 'in writ to the `Local !,a i. 5 � ,�; .• r ".y!` . q"'�,., <R;p• ,--.- • try r... ..,.1r. Secretary f Housingland U bean Developmrit to the Seoretary;of Labor by the latter thro h tho. y. United States Departm.:nt of Labor, whose decision shall be finial with respoct thereto. 14. QUESTIONS CONCER1UNC; CERTAIN FEDERAL STATUTES AND REGULATIONS P All queStione arising under this Contract which, relate to the � Son ��. �.� ,rp "( t* Kickback Act, a lication or b the Contract Work Hours _and �afet Standards, Aot' , (o �" irate rotation of a the. afores��id An i f r , r a ationa; iosuedr b the, Secret of ; Davi's-Bacon Act', • . d the ra � � x � , - .� the aforesaid • , . ,;. .p.�- ry:•- , r � ,,, .. � ,Labor ,P United {Stateaj De �artment of Labor ursuant, to said Acts or,,, a the �: labor, ©andasda''pbvieions of any. other per'tinent„Fesd**oral 'statute, shall ,be d gh ..� LoALl Age' y blip Body and the Isx. . v+r fr.F n• P, p f Seczetaryeof Houeing and II ban De vela mentc toorthe Secretary of Labor, IIn, ir'sg; or irate " station wlich' shall be cut Seoretaryts �apnrcpriate,, i:ted , States De artment of. Labor for said rill rp, horitativve and -may be relied upon for the pxcpoees of thie'Contract. 15. PAYRo. LLS AND BA,4IC PAYROLL RECORDS OF CONTRACTM AND SffDCONTRACTOBB The Contractor and eac h euboontraotor shall prepare rile'payrolls on forms sat Infaotory to and :n aocordanoe with instructions to be Page 6 of 13 ."ages HUD- 010 (2.76) _ Ailic A.,'=.r 4aal Agency or Public Body. The Contractor shall , submit weekl tot o`al Public Agenay.a Public body two s oertTified co ies of: all,p'ayra .{.* 'fig "a Y he lle >of �,ths Contractor and of the subcon; iraatora' at,;,being 'understood" that the,-Zontractor shall , be, responsible y bcontraotors. for, paY� eihe ,,'Weekly S atement o � lance" .Each ayx such 11 shall contains^ f Comp sot the sub ss ono �co ;• .•,,�`4'aK.,r ,ram P Prant •.>° •r'a ,,� .�.,�: , forth , in Section .3 3 of - Title 29, Code, ;,of . pederil; Regulations . ,:;The payrolls and .basio�payroll_recorde of the,Contraator and each subaan-- coveri.n all., laborers and mechafiia ram, .: 4Aaw . ,. f tractor `'�' r,': g �� � z �-`..�;� �,,;� , ics' employed upon- the work,.; r war.'. •ovr e T r,.,b,. cover d •bythi's Contract shall, be maintained during 'the course of the work. andd"preserved for :'a,,, period of 3; years thei-bafter. ,.,,�ch'payrolls ACT.", basso p�ayrol . reco s shall contain"the naive and` address of. each suoh`A _MU_ yes, hie,. correct alassif3.oation, rate. of r3nclu ' rates '.t j retributions or costs ' isntiai a ' - � p yp esaribed in Section. } ted: of the t es d 1 b`�F2 of the D vis-Bacon Act), daily and weekly number.of hours�woi�kad, deductions; maa@ and::,ac ,..ra,,,, w�� s Ya � ,. *i1 , � .,. r age p, id., In addati1ri w, 9Seordt'� enever Code or�t. '. ),' iv ' Feder al Re haationsd thatrthea ion 5 5( }( Lab include ti±e amount of `��`"costs ireaeo ""'�s`'-of ;any �aborer� omeahanic iT. �.' r H1, , , W. Mr -, W4, y aizticipated in ipr,vidiing ;Y .,b in t 'a f , y� ,,.4 ion 1(b (2' .w o the benefice under a play or program desari ed Secl Davie --Bacon Act the Contractor . or subaontraator shall maintaj.i re,car'`de which show that the 'eommi.tment :to'�pro'vide such benefits is enforceae, � .. ,'�. r •:r }t'S+ A•.re; •ri1�i'r°. •'.r "Lra.,, i• S' �t.n that the 'plan: or program ris finanaially_,;rrespoiisble', and ghat thet. plan or,;,program has been `bommunicaed ' ' writing•'_to the laborers. ''or mechanics affected, and' records'whi';h chow the 000to antioip ted or the actual r ' dam' . n;w , 1I' coat "incurred in ,''"r' 6vif gr, s dh� ehefits. The. Contractor and each subcontractor, shall make,hisuoh be ! ;fir f S: ::,. «.iA. ..f.r ,. ,. .. ,wC,lr' '' P mp yment recordswith respect 1to persons e to edon .b authorized fre reBentati' by chitsContraot availar `�. "iiie'�eafi ,by.him upon,'the work covers ves of the ,�Se�.retary of Haus�.ng 'and UrbanrDevelop Development, the hocal Public Agency or Public Bo �� e; I}e artment of Labor. Such •re resentatives , shall be .:cute ,IInited Stater ``r ' } fi k � i, ,' ' t@d to P.. -,,_ P P interview uemploveee of`the Contractor or of any subcontractor during working hours on the 6b. 16. SPECIFIC 'COVKRAGE OF CERTAIN TYPES OF WORK BY E14OLO E YEES AC . � KIf S]s�tq"' h.A - ^ .t•s: `sit Y...;: ' ,. r: . v• The -bran of `materials and'supplies to or, from 'thers;te of ;the' Pro ject� or P,Program: to, which thie� Contract pertains ,,by theOempl'oyees of 'tfie Coritraotor or of 'airy eubcontiract�or, .and the;m�ac'tur' ng or,. die thing of nateria.le, "articles, suppl fewor equipment on th;ueite of�� P yP ` ie, Pro" set ' or Program to whloh ° :this Oontraot erta ne b ersons employed ,by the 'Contractor or by!,an subcontractor, 'shall, for ^the , .. kJ •;. ^ r ., ,. oses of this Contras , '` the ` • neralit of,, he PFgb P,• t', and without limiting 8'e Y these FederalvLab�or�S�tandards10if this CPn�tviat, be deemed bo rte work to which siona are applicable. v Ir 17. INELIGIBLE SUBCONTRACTORS b - .The 'shall nsubaontraote ', .4 �~1 ', •��� of any part of the work covered y Contract r permit d work to be further aubaontracted Page 7 of 13 Pages HUD-4010 (2-76) 0 without the LooalPiablio';• Agenay a or P�iublio' Body, a pri"or written .appx�o-1 nt ' ,Y The'*Ioaal Public, A ency orK Pubic Body will' not of" the aubcontras or. approve, ax% .euboontraotoi for york�'ao e`434d"by t1 ie4Contraot who, i©; at - 8 1 fi�,•YVR}'Y.,,. rPtc .e x.. PP, } the time ineli ible. under the ions of a l'icab�le regulations ,. , sc �N.- . , t wrr x„y. . • "f t Secretary' of Labor, , Uni ed States Departtaent of Labor or issued by_rtii, the Secre Lary 'of Housing and Urban' Devehgment, to ireaeive an award of ouch subaontract. ,. ow, „•-y„ ". �'7F:x:L%: :`G.�3 :i .Tf',.':c 1, i 8r `',g,:... s!�, .: s, .'�y.. 18. PROPISIOXi'S TO HE INCLTTDID IN CERTAIN SUBCONTRACTS s.•,. ..iR •.ti�,.�'< c' .. "91+�l+M�sp,'��r s l fitv��7' �.�A'E• The Con actor.. shall, inolude, oroauBe �to; be , included in. each 3rrinj _ ".�-V a q"w� Jftt 1t U7WT44i3.,�t a y of `the oik overed, by t ifs Contract, , piolaa ons�which cone stent with hese ,Federal Labor Standard`s Provisions inaslnwerlt er euboontraaewiioh `` heaatoraPnter iitoe reach pyrovisio*�a Y . F _ . y may i oge�her with ll a clause requiring such insertion in any further eubcontraots that may in turn be made. / At 19. BREACH C.-F FOREGOING 'r 'DERAL LABOR STANDARDS PROVISIONS �In addition to the causes' ./w�4�1---i ' '� A +. . '. «. f�or{ 440— ticn''ofkthie Con�raat ae .71 '' roil. • . . her ' et fog ,�� the Localf Public Agency or Public Body sin elsewhere ,e ek.. r r y e �t reeervee the rig$to texwins this 'Contract' if, the {Contractor oz� arty baon`raator whose . subconraot ' covers. any of the ,work covered by this 'Con sha? 1 brew' o any* of ; thdbe ,Fed-idl 1jabor Standard+ Provisions. A, breaach o f .these Federal Lab'o"r 3tandarda. Provisi one may also be grounds for debarment as provided'by the ppliaable regulations issued by the Secretary of Labor, United States Department of Labor. page 8 of 13 Pages HUD-4010 (2.76) 04 . � , , H U 61io I'D. I (2-iiI) Ain-AdiMEN-T`TO'FEDERAL LABOR STANDARDS PROVISIONS ,e SO�6LLEI)i .-WERICKBACK! , I�XCT'! 'AND. REGULATIONS 7 PROMULGATED PURSUANT ,tfiEREM-Ily THE SECRETARY `OF 'LABOR, UNITED STATES DEPARTMENT 'OF LABOR TITLE 18. U.S.C., section 974 h (Repiacesiectlin"llo heAct dfJun'',13',"'1934(48Stii;948,'40U.S.'C, sec. 276b) pursuant to the A0 of uiine 2S, 1948,62 Slat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES Ur n, "6' ev-r" r.-bA'fora, "w�In:l,.1m, 1id,io"n"or '" itt, n "i locuringlist"im from m,emp ' W4''"n 0vrrInduri% an itii6trm146)ed in,Ior•rutilrirtoi. IPowciIion, qmpleIic'n-ar tr�jli 0fanj public buldingi publii work. hn'iniiA 1"'i whole'ur in part W luxiis oi i7anii frJ pens a ' tin ' to to wlilA he is entitled unde'r his"otilrs;l of emplaymeni,' $hall lie fined not more thin $5,060 pr imprisoned nut morr, than rive yraroo, or both. SECTION 2 OF THE ACT 'OF -JUNi h 1934. "AiS- 'A"JM4" ErNdi 6(48 Slat. 948. 62 Slat. 1167, 63 Slat. 108, 72 Stal. 967, 40 U.S.C., sec. 276e) ThiSreir"lify of Laboroth&"I'l make"n'.00'riable rtgula*i6s, for coniriclors and subcontractors engaged in it A e crio; %truet6n, proscrulw"; mmplrtlon or repair of p6hliie bulljingii, public words or boildlngt oi,warkifinoncid'i-A w1i4ittOn"pari'li- bane o'ikrants*rrtim the ilini'le'd ststriL. Influlling I'lorciii4on that each contractor and Aubiaiinlrictoish'idf"Kr�ish weekly a aliterrie, iii .ijhLjtjprCl,�' jl��t W I . - es c w wages Path rMiJoyee during the preceding week. Stclion 1001 of Tille l8il(Ili'lled StaterCode) shell apply 10 JoCh'.4looffiroeits. -A �•,Pursusoni to the & 4oreu cl'AMI-Kickback gate e rriu alltins hireinii(ter set forih, whkhrrpilaliuns are found ln'rilf' 2s9, Sublile k Cu4e Of Federal kt' lal6ns, Part 3., The term "this'put,"as used in floe regulations hereinafter owl• forth, referi to Part 3 ls�it above mentioned. Said reg- ulatiting are 26 follows: - INi TITLE 29 — LA86R SubtitleA — ''d ffice or the'Secrelwy or Labot J, PART 3—'CONTRA'&ORS AND SUBCONTRACTORS ON PUBLIC bui ABLIC WOP.K FINANCED IN WHOLE OR IN PART BY LOANS Ok GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. i �bmrkrirgu" ons soiit on" This load' �p'r'ticrlbes snAic 126, 2 ( the 'Act o(Junil3.-1934,-'ai'mr�tndeJ(40U-q.C. 276cl, pu Th�iplieitoinyti��trictwhiihii6We�ikoF�dWai�4e&tondi�ds , p6Wj kno!!'P'as'1 EXApels6d) and %hic h I.6 (of 9 th I eiioruitructG`�i pro4cutic lio, wwpleiiioni 6r I red it of public b �111 iLlhoh works oir buildirgs financed,inwhole'Wri� �jiollnll)egrin'1`11 6111 the United States. The part IsintendialolsiJ in the enforcementof works w 'Qly� du that minimum wage privisionscif the Diovis-flsccon�Adsinl the vatiouistalutes'dtaling ltli'Fe"j -sisted con' r'ctio�i contain similar minimum wage provisions, Including those pro%islong which are not subject to Rtorigan its lion pion No., 14 Page 9 of 13 Pages "Y�, I'�.S�'.: �:-'.r.t•4 '`,: - (e.�, thertiulNe aiinut ^et u! 195Oi il►e,Fedetal Warr l'nllutif$ t'nnlm) '.Icl, and site ilouaug Ai of (99 . ii; d in the enfarcamentrol�tlii o►alMme pTTons of the Ointract a tirk Nriun �Iandwi1t Art whrni4i; they ere applicable to construction 'work. Th"e'pr,-t a ta+l �'6 ed thereb n re m h d rubrontraFrtor. rr•lepve its the wee{ily whmia■ion of at lrments'rraard g gas pa �' 's. the circunwtatw-s and pmerdnre, govrrnin j the making of piymll de- ductions from the wages of those employed on surh work; and ildinestrs the. mrthoels of payment permissible un such work. Section 3.2 Definitions. As sired In the reolations in Nhisfpad: > ,rt.; ,(a),,,77he tee ,building', or work grne ally incluOiHinvtruclinr.' artivih as ditlinRvtthrd fium manufacturing, in of matertala orwMa budge atntenance work. Thr Irrnis rncludr. wiljsuutlimitstion, building. alructitres, and furnishing , ' 'na and m n. p rernents of ill iypx such as s, dams, plenty, higbwa)a parkways. areeta, Fubwayr lunnrla, xwets, mains. power• lints, pgmpm6 slilinn►. �atlway�s, airpnrls rlerminala� duel R: Dien, that. rf, ways. lighthouses; buoys, jrtties, breakwaters. leven� aid canile drcdpph6, ahering, sciffoldtitg, drilling, bWtiiig, r�eevsting, clradng, tna iindteaping. Untosi conducted in eunnecl:on �ithand at thye rile of such building or work as i. de+rribrd in the fnrrguing tenlenre, the manuferlure or furnish- inF of mileriab; uticlei, supplies, or ajuipment (svhrlher ire nu! a Federal nr Stair a;rncy acquireslllle to Stich materials, articles, euppliea, or �quip'ment during the �uurse of the manufeMnn• sir furnir big. or nwns the materiali from which they arc n,anufacturrd or fumished) is not a "building" nr "Morl, within the mranin,t if ilir regulations in this part. (b)1Thr ermi"construction," "prosecution, "completion, "for "trpyir" mean all iyjtrs of work clone on a particular building ur'work! the site tlte'rrof, lneeludinit, witbo l limilitlnn, altering rrmorlrling. painting, and d.roratiog, the transport• In ormateriili and supplies to�o�r r ,m'tht huiiding w work by`Ihe employers of the nmtntrtion rorttroelor or eonatruction subeontrictur, and Ilse menufirtunngof furnishin' of materials, article%, rrtpplirs, ur retuipment sin the ule o! the building or work, Isy persons employ sl>c site by the conlrartnr nr subrnrttrartnr. (c) The lemts "public building" or "public work" include building .X work for wlws.r ruu.trucliun, prnerrutinn, curn- plrtion, or repair, as defined ✓!bore, a Federal spent%• 1, a e,mtrartinr p:ily, rrpanllr+. of whrthrr title thrh•nf it in a Federal Agency. " ... .a ;t •ed ' } laa` t or nuts from the Ignited Stite"'t&r clucks build- () �.h � � g � l y Rm : � m wldin or work"financed c g d The ter , I completion. or epi a defined abo%r. pay ment or part -pa, Yen ist made in or work fa;w ore construction �rosecutton,t it, p I directly cw Inificaly from funds peo%ided by loans or grants by A ederil Aar-ni•i. fir Irrm doe+ not include huildinp: or work for which Federal aswulance a limited solrly to Inset gturanlers "r 111MRSne•r. e e Every pawn ly a contractor or subconlrarlor'in any, manner fur hip (also✓ in thr construction, proserulinn, coin Mcsn, or tepiir.uf a public building or public %utk ui huiidin j e,r wesi tintnrrd in whole nr in part by loans or grants from the United Stales is "employed" And receiving "wages." rrgirdli .. cif ins rnrtiractud tel■tinnship alleged to asps! between him and the real emplo�•er. m <•.: ,. y The term an affiha ed perwn" includea'a 1p (M!!e, child, jiannt, r►r ulhrr cki•r relative of the contractor or auh• contractor; a partner or nfficri of the contractor or subcontractor: a vorpasrstiun clo+ely connected with thr contractor or subcontractor at parent, subsidi ry or otherwise, and an of firer or agent of •urh curporation. (g) The term Federal agencyh meant the Lnilyd titilcs, the l)islnet n(t'ulumbia, and All eaeeutive departments, m• dependent establiihmrnls,'admtnistntife agencies, And instrumentalities of tla ! nited Starr■ arwl of the District of Colurnbi■, inclu I4 ooiporalions,;all*or sulsitsWilly All M llte stuck uf'which 4' hcnrfiri;IIv owned by'lhe United States, by the District of Columbia, or any of the foregoing departments, establishment■. Agencies, and instrumentalities. Section 3.3 Weekly statement with respect to'payment of wages. sir mechanic A dlhn I a mecare the immediatetulp>rrvieonAof such a"'y'lo persons in clatsiliratiuna higher than that of laborer O I Y p, • players. Page 10 of 13 Pages HUD•4010.1 (2-76) s '•,u � (� rr .�.: , {,;/.¢� l . r i•.ki iY'p: jT' ;: •�. .. ,:: r :.,.f ..,.•� 4'eSf�t4:: .: ,,���. (L) , euulns or or so curat►a�tur en abnl to 1r construcl�rin,"�+roac•i uMion, enmplr•lirin, us, repass, of lu+r (�u�Llu Llrldinb or pl ldie wtir r �Luil�J!!ig u%iu1: gsiancrd in whole nr in �1ai1 b�• lualii or �raullt learn ihrYl!nilld �lalrf, ►!!all fucnifll each Nrk ales, nrnt ,wiih'rrcrpcct' lit tlu,wLia paid each of ila rinllluj�i ai fagcd wl'M`c� uretrd L�µ111 Ci'It lr "` a enl .ladl he esr'cutnl by the contractor nr rulotaiu• farts 3 and .1 during t�lr 1 �rrl•ctII11L�Nh.k� lirrirIt TLI4 s�at1 ul u � actor nr q in authunrrd offilrr or crnplu) es, of Ilse runlrarlor or •itlltMntrarinr wla atllKttiYcf the payrnru�nf,Na,�a,'onJ stall Ile on fiirni WI1.1 in. "SIAtcIII 'It or 6"ijdi2,1;ii or on ari i'dt a"Iiral firnn i s'W IIae load. of 11'l l yt 17, "1'aj in t;F 1K (111a• Iraelora O "liriloal Usm. , or ran ail)- furm , •ills idcnliral M•ardin•. '.Ini I 1b, p )"o coilirli of It'll 317 and 11'I13111 may he'�iibiaitird fruul Ilse Guvernmrnt mntraeling nr /11t1notoring aprory, and rnpics a(lhr.r forms ntay he pus, lo" at the Cutrrnmcltl Prinlin. Office. r� (c) niol rc juirrmeo. air this, section ,tiaii out apitly to stay coutract'of S2,(100 or lets. o I a , �f ` ,or ma j loroiidr rraNanablr IiIM1314111%, (d) Iljion a written finilin� bj the head of i Federal 14;enry, the �t crclary of Lal varialiuos, tuleraucr,, and r%rnl 1liunr (rum the r uircrurnitl of ihir o6r•diuu wb'er1 to tnrh eonditiuni~ a. IIIC lerri•tary of Iral,or may sperify. 127 F.H. 93, Jan, a, 1961. a. Amcoided at 33 F.R. I OII16, Jid), 17, 19601 Section 3.4 Submission of weekly sintements and the preserval�tlourand' Inspection of weekly payroll records• (a) F.aC1111ea'kly,t �a�lliiitnlltllrellllndtr oat ` 7 ` t„IinP-6-en � ( 1 'I �Iwl�lli d' litrrc b the euntroelnr us, ruL �nlr' tar, will'' at lla daps after the rr�011u Iwy nu•nt,�Wlr. of the payru l Irnud to a! eprt,o nlaUvc of a I tJeral us, slate a the In charge rile 411 1,41,hug nr wurL;nr; If there is nu njltncnlalhrof A hrtlrrd ur5lalcaagrnep at Ihr bileaf Ilse hitildiugi,r ilmrl.. Iht aliilenicul'liall 11r iilaila d Lv the cuulraclot us, rulotunttaclur, i�ilhiu s,ucl't ole, lu a Federal or �latcciacncy ninlrai Iiox (us, n`r"Gn�Iii in>: the lutilll11. sir wart.' fU r such r>,ainilialinil aiid cbrrk at niap he inadr, alrb ytalrnlrnt, as, a cull} tllrnn(, shall lie. {;rpl aitai�,iLla�, nr,llall he Irarnmilla•d �oStl liars, uitIt a report of any tiulatiun, in accurdantr wills applicable pro, rdnn•. pmetibi7d by the United klirli (lrp:irtiurnl of Lahore lt,...;.;t". �`•1' 1 i dx^,•71�Yfaef r4 f� 4w• 5, •...r a'. *..:,�.. i (b) Rase cnnlrarIor ur subcuol;actor shatI pre,.t;�rw ois wrtt ly',ly!roll rrennls to-r a period of lhnr yrats from d�lr u( eolnpla Iltiu'of 1'�tc r�ntract,'.'fhe pad' Il records s,llail Fa t out.the name and adi' ma s ur rarla w o-rrr alit niccluidc, hi! t urrrt i rb-oirit lalliin, rate or pa3 ;daily slid a erl.ly'ni fiber us, huur,i Nurkrd, deduelili nit niodr, and at Uial WS."es paid, Such payroll rucurds bil'u l bb made available at all lfinea for htiptetion b) Ilse contracting officer ur I& aulltori:ed rrprraentative, and by anlhorized rrprrs,rnlalivtr of the Ih•parlmen! of I.aloor. Section'3.5 Payroll deductions permissible without ap llicifloh to or approval or the Secretary of Libor. Deductions nude under llic eir � I �'� eumstaueci'ut in the r.iluatmna Jcterihrd is,. sloe lava a fir of Ihi► section ma' be wade without applicalimi to and approval or the $reretar)' of Laln+r: (a) Ally deduclion m2de' ha WHIP" liantt:e with die rrylaurrtntnls, urI'rderal. State, or local law, such ae Federal or stall. withllololing incoinetatrr and Feder111 rucial,eturity tares. iy dedurlloll Of ism+ pretiutirly' J"i I� the cntploj ce a. a a,", rid prrpaynient of Ma�cr Mheli such prcl� ti nieill is it ade without Jirunint car interest. A "houa tide Iarepa)'Irent bf tvalcs is rulisidered to lute been madeuillc aba•oa tarp nr ila .a,11 lrlit 11a- brrn ad►.ulted lu•llie person emplciyrd in sucli mauler at to jtive bin+ colnjdcte freedom air Jis,lr).iliun of the adcurcrd funds. deduction of umounlit required by anises i+rocru to he paid to another, unless t11e drdttiaior+ Is in (avor of the contractor, fubcuntratlot ur any affiliated Perron, u' when cullu-011 or collaboration exists. Page 11 of 13 Pages HUD-4010.1 (3•76) -1TPf1lMZ -1414 - V Or represents • I of empsoyen, or Do 'but 1.r.nanr— .. Val — HIM hospital esmi pensions or &nnUIlies,pnjrt1n!n , Z! i a ! ! �! � of their' I 'nso ns, or un V,. 4imi6i payments for h+nefit of AM i 'Ad are rues.'. ('1)'T-h'i ii4I`Ic'Wn is herwlse prehibite by la�%( In writinjan in'stivance'of the pe6i in ii�ii Ich the'Mork to6i obtaining or or ror� the coptinuation at emipiqyplent:, Or prove TlWebcli'the ,cootriclor Or subcontractor,and representatives of its I directly . trin'jit'e"cliYs"bi*ibecntra'c6r'orgubcon"tr'siterorinY.i otherwise; and (4) We deductions shall serve the convenience an( tl person son 14 etherf "! t 1cor Vwk, . , car51 AC!�eZ;dunces'or LnoAj"Z-MMX�,, oyindeneh!�!aestion payj "rugs accounts, rj: Prv;jed10mMatthefel6wingstanA Ifda Fell 71 1. r-fr, UV .consented to %- , ".,W eit th not a cand tion done m'nd'&U'c'h n Willi I her fog the nplaytits,(3) rid,profit at other benefit 16 otherwise obtained, %iiatij'j'eWoWIn 16'forni'af commission, dividend, or interest of *the employee. 'kit, v deduction coritt&lIng, toward the purchisle of United States Defense Stamps and Hands when "Pluntarily * '' authorised by Ibee ml,loyee. loans to to purchase ,hates in credit unions y deduction reqUt5trd by the employer "'140r.' nvabie Im to repay sh organized and operated in accordAnre with Federal and State Credit Unlan statutes. (g) Ail). deduction vctluntarily sllthoriitcd by theemplo)refor the 'Making ofrontributions to governmental or quasi. galvernmr.11tal Agencies,slich'aithe Anserican Red Cross. (h) Any drduct6n ,olu"nta"n*ly'i�4iho"n't'�id by the emplo)ccrWthe making orconlrillsutiona to Community Chests, Iloilrd (;i%rrs Funds, and itindliar charitable organizations. j4k i ',%n)- deductions to pay regular union Initialitan-fern -and memlicriship"'dues. no! Iiiiiuding fines or' speclil assessments: to�r llrui;ided, howe'ver, Thalbargaining contractor orau'b'roWsclor and representatives of its t' r emplo)-res provides fors.1ch deductions and deductions are not otherw L Ise"piahibit4d by'law. 4; - av - - Ora (sell, Any - deduction 'not more, than' for the "reasonable '641•"61' bu'irtl, lodging,I flies meeting the irequire., mend 'Or section 3(rl) odibrFair Labor Stiridardi"Act I 0-ri"i 938l char title amended, n � 'de'd,'anJ'I`&r't531 of this* title. When such a deduction A is made the additional tr-cords required under § 5 16.27 of -;iltle'shall be kept. h the appiow i or the Secretary of LA—. Section 3.6 PayroU deductions pertnissible a Any runtraitur or stjhrontraclgir may slifily to the Secretary pf Labolr,rat permimion I- make os! deduction not per - milled iinder § Xv. The Secretary may Frant permimicin ulienewtchr finds thil. .(a) The r u n1raclor, rwheurilrartor, or'any affillillid person does, not makes prurit or benefit cfirectly or indirectly from the dellurlian either in the fufm of a cummlfision, diiA.&nd, or otherwise; (h) The eirductioti 1% nist otherwise prohibited by law; (c) The deduction is riiher('l) voluntarily consented to by lhi�'mpl'6"ye'e in writng and n advaii(,C`nf the period in which thr work is to done and su"Ch consent is not a canditlori4.either fcti'lhe� obtaining "ofemployment nr It; continuance, or (2) provided for in a 1xini fide collrclive bargaining agreement beturen the contractor or subcontractor and representatives of ILI employees; and (d) The deductiun eftes the convenience and interest of the employee. Page 12 of 13 Pages In HUD-4010-1 (.1-76) • Section 3.7 Applicotions for tits approval of Ilse Secretary of Labor. An a' hcallon for the maikin of 1a roll deduclinna under 3.6 shall cum I • with the rrquirrmcols pn•>uilx•d in eh1. fo11 wing paragrailh.or tills section: (a) The tlylhralion shall Ile illwfiting arrdlsl'll be addrrowd to'thc Secretary of lAior, d. mission i be fur delluclfonalo` 1 on t ec C idea tnfied conlncla Ir�rel't �t afic iall� Mb i of ah el► el I I rl c,, "'"'Eta r 1 I given ) p , , I uponI nevi.. O711 �r r ; fir, f all vel t �ihere is eon fi lance itIt th t ,talauclJ on} for n Ihe' vluuns of c The ailillicatiun shall ilalt aflirmals►ely tha {� �' § 3.G. The a ornlation shall br be '1' panicd b) a full atatrment of the ct ind [ l (d)'Thr application shall hlclude i'dewrlplion of file produced dnluction, the purpose to be nerved thereby. and the classes of lalxlrcn or nlrehanica from whose wages lbe propnsnl dedniaion Mould be made, °y ,0i (e) 711c'40hliratilm snail stat'c lhc'namr, and bu,hlcsfuf an)' tldrd lwr,oiito hhom all), funds obtlunnl from illr pro. posed deductions are In he transmitted and lire affiliation of turh person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The .Seeretaryof tailor Rhall decde ahi her or not the rcqutalcl! deduction is llrrmiaoible under pmlisivas of § 3.6; and shall notify the applicant in writing ut Ids decision, "► &coon 3.9 Prohibited ,payroll deductions. Dedueliona not 'clsewhere'ilrovidrd for by this hart and which aR nut fowld to be perniiuible under § Up arr prohibill d. Section 3' 111etho'ds of payment o[ wages. I.tif+;..r i .•Y. is �:.n . .,:. .. �.• .j.. The payment of wages allall bc'by e'a4i ilegoli&le Instruments payable on demand, or the additional furmR of cuntilenaa• tion'lor lvhich`dedlieliom are perrnisuble under this part. No other mrlhods of payment shall be recurnized nh work subject to file Copeland Act. Section '3.11 hRvgulatlons part of co tract. .,,All cantracta made with respect 16 he can structlon;'p'rusecutilin coin pletion; or repair of any'piiMic build6i or ptdrlir. work"" bulldidi or wnrk� flounced in whole°lir hi'pirt by loins ur grants, from the Bolted States cuvercd b1 tlx• reEulations in plieablef slialfirptlacali ln 11 is regard, sire § ' 5 (a) of th i iubl bier utrartur to comply will such of tits reFulstious in this part as maybe all - Page 13 of 13 Pages HUD-4010.1(2-76) e US GOVERNMEW PRMnfIQOFFICE: 1817.mg-ottvm5a law 910 PROPUALYROM a EI E GINEERIM,. INC.; Firms Name To'the onorable Mayor and Cfty. " ric-il,'City of`HunAinglon`Beach, California: r�r � p�:. , , '; {N• , ,tea :. , -a�:'. �,' • „ In compliance with the'not1 ,inviting sealed proposals or the Wheelchair Ramos -- Various Locations. CC 5�14 I1heCANA reproosancar�ree t :� therefore+accoorti� n j to,tlie Ewa the ssupervisian of ti e'Oiriector n eITto _ Pert o y�� Ap I�i�"T':t'it� Lr'z TVA wll°iiSir-A�"F. 'con ract o war teretrl described and ta, f urnish the materials r•fs"a .rl►N.iMr- e6..,v J►ork-+x'f•.n1' s1 �bgt+r rr!, sbal'^• Itec f caUous o�td spec�aliprovjs offs ors the "1 w 1'n l4to'the satisfactian of and under Public'WQrkS of said City of`Hitntington Beth,, California: ruresxor,.reguiauons+or,w%c ,pranlu materlalman'`�vlt chi is note processed from hI ino"ta a'ny contract,,oa�r i Foy the Iturnis 1M1g of a owr m"mr a .YrMtwi \h]:7� Y.,..TY complete,'nspp��ac,e,instrict; c°nfo�rni p�reatorP�Glic Works,;City of Hu fall Ming.unit p-rices, to Wit; MY, w,,n ftera n� an n ac or o� mma hr i any`bid depository, he b i laws, ■iisy,s'c 1 .ylrMrlliMr r: tiNrl.rya(a.sw �fr nt ,preventtlte cant ctar from,co,�Sider Inany bld fro��ja��y� uGcon racfor"or rough said bill depository, or;' which, prevent any subconfracta� m r�a�et alman �€ ........,t ,�Sw• t � .�..: ,. r'. h ": �" 1.'�l, � n.W it sY T .Y,. oes'not sue the taeillties of'or'acecept ai irtirom or t'kV6t'�gh's B11h' bid"depository. i�i�k,'°9 rv��f•Mii':L t, r[fMi'.s+K�YA I en ipment; and or.'a I; ncidental a k necessary a dull of all a improvements with,.the Iliaris; spec ficaiio"ns and: p cial- provisions; o_rlsfile in the ,bffice `of ,th`e rl eon apach, California,:I propose and'agree to take full payment therefore at the ITEM NO. APPi1QXIMnTE QUANTITY ITGMYVII'Ii 11t iT PriICE wnvrfEPl IN Wonbs UNIT PnICE TOTAL. Pacific,' Coast, iiigllway and Huntington St' 1 4 Construct whee'chair ramps at 1 Pacific 'highway and Lake Street. 2 4 ,Coast Construct wheelch'a"ir ramps at 3 2 Pacific Coast H ghway and Second St. Construct wheelchair ramps -at ■r� , w /�l �O 7M r 1 9 2 1-,a6iF1*c Coast 111.ghway anti Third St. Constr'uc't wheelchair ramps at.00 2 Pacific ,Coast highway and Clfth St. iI 1 5 Coristruct wheelcha"ir ramps at .moo�°D f 25 I 4 'ITEM, 1. 1 MPR�OXIMATE C # M� ' r'IrpRic� 9 ITE WITH{ L# 0 a u�T ' T, TOTAL NO. NO. QUANTITY WRITTEN IN WORDH PRICE 9 is Coast- El ghway at Sixth St. 6. 2 Construct wh�eechair ramps at Pacif is Coa kt Hi� A t• 1N-•�.~r.� . wa y �'i: � •Seventh' St . 7 2 . , Construct Aee1C' hair -ramps at . ro / a r P c fi'c �Cosst 11 g I ay at E` g th +'St. Construct wh ramps at �eelchair .S 3'7 Xr6 .. P.acif is 'Coa'st H1 way at r)inth, St. 9 3 Are '.. , Construct wheechair ramps at 73AR Pacific Coast Highway at Tenth'St. 1M 2 Construct wheechair ramps'at 3S-0 719i 11 2 PaCiTi117'.0 .Coast Hi h�vPy a't_E1eVenth .St. Construct crheelCi:air ramps at ,,' ;'� .. for- Pacific Highway at"-Twel�veth St. 1 4 2 .:Coast - _ ' Construct wheel`Chair,ramsp at .. 7�� 75 o 'Y Pa' i'fic Coast fdghway at Thirteenth St. 13 2 Construct wheelchair•ramps at s _ -7 %J O Paci'f is Coa s t IIIgliiw,ay, at rou rteen th 3 t . 14 3 Constr`lact wheelchair,,ramps at 7.5 G6 e,h,Nest at mdvg7aen 15 3 construct wheel chair ramps at S P-2-- A ' I?EM AFFROXIMATE ITEM INITM,UIYITPRICII UNIT TOTAL NO. QUANTITY WRITTEN IN Milos �RICa i 16 4 �U[Fj 5.14 ... Goldenwest�ti at Ed finger. . Construct wheelchair ramps at ,$500 $2,000 Warner Ave. r. at Mob'i mri le Hae dveway 17 Z E/0 ;spr', aleSt. $500 $11000 Construct wheelchair ramps at � + � A`lgogt�in n Warner Ave. at �g6fh 18 3 �,' Constru,ct wheelchair ramps at $500 500 I 1 • 1 !V ly .mow P--2— B 'ITEM` Y ,'.�r1ls+',�'S°#:'. APPROXIMATE �i; s;w-. ti ��k ':,•,�� ` ; ITEM WITHI,UNIT PRICE UNIT No. QUANTITY WRITTEN IN WORDS PRICE TOTAL Pacific Coast Highway at Sixth St. , 6 2 Construct wheecha°ir ramps at $500 $1, 000 x Pacific Coast Highway,; at Seventh St. Construct wheelchair ramps at $500 $1, 000 8 . . t ;,� Eighth St Pacific,`ACoast Hig w`ay, a"t . 2 Construct wheelchair ramps at $50"0 $1, 000 a.dific Coast Hi hwa 9 Y, at N hth St. 9 3 , Construct wheechair ramps at ref $500 $1,500 10 ` « `r at en:. Pacific 'Coast H`1:4 t ghway Tenth st . ,, , Construct w eechair ramps at $500 $18000 f 11 2 Pac fio' Coast Highway at,tEleventh St. $500 $'1,000 Construct wheelchair ramps at Y 12 2 .�- tt ,,. •;��Lif ,, ., . .. ,.. Paci€ic Coast Highway at Twel��eth St. construct wheelchair ramap at $500 $110,00 ` og� way at Thirteenth St.. 13 2 Construct wheelchair ramps at $500 $1, 000 Pacific Coast Highway at Fourteenth St: 14 3 Construct wheelchair ramps at _ $560 51,500 Goldenwest at McFadden 15 ` 3 Construct wheel chair ramps at $500 $1,500 P--2 -- A BID PROPOSAL FROM Firm Num To the Honorable Nbyor mind City Council, City of Huntington Beech, California: In compliance with the notice Inviting sealed proposals for the Wheelchair Ramps - Various Locations. I heteb`y propaQrQa to°antor into +a cait iftujparfm theiwork herein �deur;bod and �to furnlsh.the materials therefore ecia;"ding toitherph'm specHkotlans and �spicial provisions for`the mid'Work'end to•the satisfaction of rind under the supervision of the Oirestor of Public Works of old City of Huntington Beech; California. Tlie underdgnfies note N { w y y„ ' ". a .,ecsted any bid fiZ i�nTy lob#.ontrovtor orp'nnmitKblman roug` ` � �" � ✓ tRR► � nA . h any,,bi d�po:isubcat trecto 0 regulitiora of pr pr, � , t i ...., considering .ony y rules, or vvlii ohibrt;,or eW "n the contactor from bid'from'.an r, r materlalnwn ;which u not pocessed through skid bid depoatory, or which prevent,eny subcontractor ar matertalman from' bidding to any contractor who` does' not sue On facilities of or accept bids from or through such bid'depiisltory. For the urns i of all labor, raterials and equipment, and or ell 'incidentsl vliork neciivary to deliver all the Improvements pprr " � . ' �� ' `In strii&'ionfonr`iig, with floe pions, epeclflcetions and "Ieciai provisions, on;file in the office of;the comNlete'in`�'place, Directoi of. Public Work:,;Catty of Huntington Beach, California, I propose end agree to tease full payment therefore at the following unit prices, to wit: _ ITEM APPnOXIMATE ITEM WITIi UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE Pacific Coast, Highway and Huntington St ]. 4 Construct wheechair ramps at $500 $2,60b Pacific Coast Highway and Lake Street. 2 4 Construct wheelchair ramps at $500 $2,000 Pacific Coast Highway and Second St. 3 2 Construct wheeIlchai.r ramps at $500 I $1,000 Pacific Coast Highway and Third St. 9 2 Construct wheelchair ramps at $560 $1,000 5 Pacific Coast and Fifth St. h Constructwheelchair ramps at $500 $1,000 P-1 e REQUEST' ' FOR ci7ry COUNCIL ACTION nP C;or U ic rks P Dirii aZrll� ent Subhi r Itt6d y 6001D P Date Prepari�l-,February 21 158019 ackup'Materl tached X Yes No '*iCall `for 'b*s for nst fci:an of wh eS6ge I cr—ra=-At- Various locations. Al y Administrator's Conriments TYCOUNCIL'I Approve as recommend A CIN SPROVED BY ed CITY LEAK Statement of "I ssue, R ecommen6ilon, AnOysis, Fufiding So Urce, Aitein-ative Actions: .4 StWt4;fhe,-,rssue: Ail,''-'i441, e',"h�MTcap�grOUP desire mobility in the downtown ntown a othe r areas. :Wheelchai"r, ' rr Zip s.'l n locaEions shown on the attached list will _V, 4UXIL' afi'o"w access for the handicapped. R c 0 i"nRe'RB 'ed; A c t3-on': 44, 1. Approve e "'p"ec"'3'.f.3'-'c"a"ti6ns. lav* i 4 �ia s and'S 2 'Autw&r cal bids q ' 'contingent upon permi a orn'i r- ize t iio""M' the 6 lif Department of Transportation. ."Analysis N, .. c dS=x'::f •. ai lfC I The v�h6q'Ichai'r ramps w compldte �'access for the handicapped in e d6wnt6wh -kHuntifi(jton Bei�cifi These ocations were selected by the handicapped from the d'3**.ty of Huntington Beach. FdIM'iffi,C)6 So rce: 9 '*-.. d , C 'i6m'!ty e. t B10'"k Gr 't F ds andi'c-ap Mobility)-: Ho sing and o uni D velo men c an Funds $ 2 3, 0-b 6 . 0' 0 . S"I. �� k PEC: RRL: BW :� e P10 3178 r. 680"ONTRACTORS SIGNAT 0 OF 1t , co' pan e + e Su'I g a S i Ica c g a-r' ac aes A� , e _9 Sec ans 00 4 3 of �`e •wf:•.' p •������ era, R•�,,U 1 . I If d.` r.1 t'k Go, im ad of e°S ,Y a of?Ce n a a :a m me s: ftereta r eac ddhaII�set fo below the ante a d � .• - * ,�,�, y w� fY�3'v.+��r,•�Aar •{ ,yla!145 sK1i y* 91` iyNli4"d4i'"'pQ'gG1lacatio ofe p aca o biis ess o each s"�ii bcan r'a�ctorn+""ba wilT'" erfarm work otar orll:rende sefv ce ta.tte rime,colt• .. ,sK m . I, f�'.fr`.' f+ •1 t �" c li AIM hfM*: Fy,,,r•.;j r •t,41-A • V1f r n arnbau a co ructio of "i a wa o rove e t in an amount I excess of one ha f ) of.one ercelt u � 'Onle'one"subcoritrecto for each- artion'shell'be listed. bcon- of cta 1 tr,tWpr` Jme,-c"n•rectorFs, � ftnf� y p ork which will bedone by each sutal �Idand sha r� a se�;�a� hit �e partion of t e w i'I. , ,.. , z o o.ortio'"'of k t Afto f redcantra t`h I,f lie contractarfails tospecifasubco ract #tanyp ftp �eti�o .l- t•lY �"•y�:; ,k.+., •t ,,,.,,, �+,.�.. :, �.•., y�-a.irt�..r_. fa1 p shall�tie deemed. to rave a reed to erf-orm such poi ion,himself; and heshall not be permitted to subcontract that partion of tha wo�k'eiic pt nde�"the conditions hereinafter`sot'forth. �•� .,• f.4'Ji� x :sYP[�,},'4 7'�Ifi�V''I�'rb : «tip .Z- y •: r `> ng of subban rac ing of anyLportiolt„of'the work to which' no subcon'tr/actor'was designate" in the original bid 'Sub o i shall r nl ii`e ermitted' in#cases` of f public emergency or 'necessity, and 'th'en`'only after a finding'reduce'd'to writing as a public" record of the Legislative'Body of the owner. f;0 TION STATE LICENSE F� SUBCONTRACTOR'St. ; ft', • . CLASS... OF WORK , NAME AND ADDRESS NUMBER. By submission of this pr6p' osal,-the contractor ceritifiies: 1. That he is able to'and will perfot"e!balance of all work which is covered in tho above subcontractor listin 2. T66he City will be flfinlshed co ies of all subcontracts entered � '6w . p d into and bonds furnish, ed by subcontractor for this project. P -•5 d,;,PROPO,aSEn ` IN FORMATI`4REQUIRED OF BIDDERS Thai bidder is required to supply the f y attached if Waco • ,r,�; . ; +w �, ,,�.. t .re•; allowing inf "motion. Additional sheets may be atta ssary. wrx �' ds =• 1 Firm Nemie:,� 2. AdOress 3. Telep`f hone 4. Type of firm —individual.' par'tnerihip, or corporation: 5. Corporation organized under the laws of tho' State of 6. Contractor's License Number. Classification of Contractor's License he namos end add fim or names and tit es of all officers of .he corporation 7. ' Jit't resses of ail members �f ther � n: • i_ 8. ;Number of years experience as a contractor'lh construction work: 9. List at least'six projects competed r .. ,. ted as of recant date: (Contract amt.l (Class of work) (Date Comrleted� (Name end address of'Owned 10. List the�name of the"person who inspected the site of the proposed work for your firm: Date of Inspection 11. if ie d a. Cit furnish a'notarized fine "hue:tad by the. y �tha bidder shall fu ncial statament,`fmancial data, or other infori 'motion and references'sufficiently comprehensive to permit an'appraisal of his current financial condition. .P-4 I 'fiedule'lii 61ely for dr a,appr' mate: uan i eirshown i' !,_ , _.s, n a WOW -,"I Is u or ree t a t I Ban il OR n a .1 "t V.—RV, 4 4" r-.sir; id i6ils ul so t A a contractorscafte0satiah will icbmpute upor, 'to p rpose, C a 1181c parson ,w R1. I d 11 It t: r.� P: P r "" V- of" the;i' ual I In a 6a plate drk,'Yjl other the"be miireiailiesi thini"those ' shown `hei6ln'1"ot the unit'races bid I "the" N` n paposa c d_61e.' A 4 V 60"C61en ar,,, a r it a n d s1ft"i The un or a Ica Waif Me limit'allotted for the ciddlia'd isv. days. A Atk% 44 rocZqdghed llhereby,agra gn Wd imntiict4nd mai t 16, es,to si s I a necessary:01 , f. , t h f W.'..U." mtr.@r1rj1 to begin work within' ton (110)Adf` m the'date e can - tract ten I S a 'g "days from ate a approve a 6.., well 0 C on, Beach, Oillf dini"a. -dj F e i De kipne a S eWt na, rKdonte el Bor s �_ca ret elplon 1, p a'T 0sQ elifIca it sThe n p1 11 1 - , _f wit, L AP � '1' ' i.* a a pro osa m 'illsIMERilus- op9 i KkAho'bidder, has Ifive Id Oropq Fil cc or s, a a or, a sub' 1-95- on ofThid s Ve ev _ I. M ' )t�" . - . *1+10,- �Isw -ft.. ".VFT , 7 ': " k t' ffind is. 0 as, c n i s a a encountered "B"'S to thi choracteri, ual n of"Wor ,.o a.pair or aq an i fi"sif s a 'a6 d ak to th . a requiiaments In specifications,n � a, a. r R Iffil proposal, I plans; ""'a d the contract. sa :11S ccom n a fw�*# as W&$ a,, or t as 0 i Ljfl—ed C re c k- ay b ', in Oqfual ta'at NOT CETRU t I er s the case m a an aniou T, 'Aln% �, n-ti-- 1, No, nti ?,p -ti t Beach; least, 1 0?percent a the total rice, payable Cl Huntington gees Era.MOOR �oj�s al pe'iP r4knI -_psi a e -qua a _N_&4'1' jortelteq�lp City, of i a rM MEN, -d Ito rs! hall fill propo as:accog ad hi�c .13, 00" nwwr fi NIT 11W - owl SO We hams tio' X, (1, c u ea co Ema work 01 rq s a an in r seff'o �Speci ns and'co'ntractme''"'ntsofthQ Clir cor 10 8It it i nh 11 day 0 0 1 0 as aceivjmiwsur ty'satae'd Written hdI.. otherwise I", "he award a contract;a erw a said "Sic"u"i" be returned'to" he'u r undersigned. notice of I dh' s security Sh 11 Licensed' ant accordance wA n act providing for the registratic'ni of conift'aci'Lic'ense Na. Bminess" Aii'dre'ss Plakcbf Re's'idence 'Dated this —day'df aidder4s'l. raivsignify'T'eceipt at A Mfi`nda'hare, if any: j;,. " t* ww Ad d bi h d u ib Date " Recle"We'd P-3 Signaturo of Bidder 'rA Bidder s Signature work I` t im uan 'ty 16, ,. a ,.41 Goldenwe`s't at Edinger. Construct wheelchair ramps 4 17. Warner Ave. at Mobile Home driveway E/0 _Sprindale ,St. Construct wheelchair ramps, 2 X :: , , , .. 18-. Wainer Ave. at Algonquin. Construct wheelchair ramps, 3 In accordance with the provisions ,y ions of Section 1773 of the L b6r I'A"strialq6Ae', the SRelat�onsashallndeteDmirett:hedr �fenerathe De artment of 1 `pre��ai ling rate 1 g p �, , k p ,;f the latest of: wa es, applicable for .the Work to be done; 'copies o general Wage.rate determinations are on file at the 'office of the City Clerk and 'the office of the Director of Pubiic Works of the City of Huntington Beach, California, 'P.1ans and .Specifications., together with Proposal form, may. be obtained at the office of the Director of Public Works, City Hall, Huntington Beac"h, California. o bid will be receivedunless it is. made an: a. blank form furnished .rC.,�. Fes..., b y the Director of Public Works. The special attention of. prospec,- thetive Specifications forders is lfullo the direction's aMs togtheebiddin setforth in p _. g .. _. , The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City `of Htint ngton Beach y p '_.n g 'that the actual amount Of work, will �..orres and t does not express or b im licatron�s agree tY:a or decrease the amount ofhanywclassith uorrportes the rig or increase on of the work, as may deemed necessary or expedient by theDirector of Public Works. A11 bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. 'Each .bid sii ,:. '.r" r,f.;. - ;�, ,. s ,� •'all be made out •on a Corm to be obtained A. the "cffice , , p 2000. I.Main Street . fiunti'ngton Beach, California; s� _ iIr of the. Director of Public Works Develo ment Wa.n h , California sha 11 _ be sooreAdand filed wx.tn the City Clerk_ at the Civic CAnter, Second F1 m'instration Bu `ldi' ' g, 'z .. committee _, ~ 0 Main ; Street, Huntington Beach, California,.. on or before '10':'00 ,�M of thelC t1 Cle�k shall be opened andbDire'ctor ofeAlAicoWeu mco ..ork s Y r p 'se , a .4 M ,ddinq or their authorized re resentative and the .results of said bi will be reported to the City Council of Said City of Huntington Beach at their regular meeting '`to be held on Monday, the 219t of Cgvicat therhour of 7:30 P.M. in the CityCo` ' m ers in the uncil C a of said City of. Huntington Beach, and shall.be acted upon by said City Council at the regular meeting'April 21,19fo, The City of Huntington Beach, California reserves the right to re- ject any or allbids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the 'City Council of the City of Huntington Beach, California -this March 3, 1980. ,, ATTES,T: Alicia Wentworth City Clerk NOTICE INVyTING SEALED BIDS CC 514 •- Y 9 ill receive City of Huntington Notice is hereby i Y y Beach, California w he Access Ramps - 1 Various. Location's. ,y . ` fj 9 � t. , 'a'c'cordance with the in the -City of Huntin ton Beach Californ.: a in p .�� tions and, Special Prov si's on file in the office Plans and S Ecifica �' o.f 'the Director of Public Works , Document will b.e available on March ?t-1 �1980 A cfiar too '$`lU;,`OtO, not refundable, will be 9 required for eachset of Specifications and accompanIying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work. Item Quantity 1, _ 'ghway. and Huntington St. - Pacific Coasfi Hi Construct wheelchair ramps. 4 2 Pacific Coast "H ay gfzwand Lake St. Construct wheel'cbai•r ramps. 4 3. Pacific Coast hi'4h vay and Second St. Construct wheelchair ramps. 2 4. Pacific.Coast Highway and Third St. Construct wheelchair ramps . 2 5. Pacific Coast Highway and Fifth St. Construct wheelchair ramps 2 6. Pacific Coast Highway at'sixth St. Construct wheelchair ramps. 2 7. Pacific Coa'st Hi,gi way at Seventh St. Construct wheelchair ramps 2 8. Pacific Coast highway at Eighth St. Construct wheelchair ramps. 2 9. Pacific Coast Highway at Ninth St. 44 Construct wheelchair ramps 3 10. Pacific Coast ,Highway at Tenth St. Construct wheelchair ramps. 2 11. Pacific Coast Hi9h4.ay at Eleventh St. Construct wheelchair ramps 2 12. Pacific. Coast Highway at Twelveth St. Construct wheelchair ramps 2 13. Pacific Coact Highway at Thirteenth St. Construct wheelchair ramps 2 14. Pacific Coast Highway at Fourteenth St. Construct 4heechair ramps. 3 15. Goldenwest 'at .McFadden. Construct wheelchair ramps 3 r E - IN T11F: Superior Court nF TI IF STATE OF CALIFORNIA in and for the County of Orange CITY OF HUNTINGTCN BEACH+ CITY CLERK Stale of California ) County of Orange 1"s• Rita J. Richter That i am and at nil times herein mentioned was n citizen of the United Stites, over the age of twenty-one years• and thut I am not a party to, nor interested in t1w nlrove entitled mntter, that I am the principal c!yrrk of the printer of the Huntington Be th Indeu ent �eyiey a, newspaper o genera errr.ulntion, pu l is ;ed in t e 0ty o Huntineton Beach County of Orange and which newspaper is published for the di4emination of local news and intelligence of a gener.tl charac- ter. and which newspaper at all times herein mentioned had and still has a bona fide aulmcription list of paying subscribers, and which newspaper has been established, printed and pub- lished at regular intervals in the said County of Orange for a period exceeding ore year; that the notice, of which the annexed is n printed copy, has been published in the regular and entire issue of Laid newspaper, and not in any supplement thereof, on the following datcw, to At: March 20, 1980 I certify (or declare) under penalty of perjury that the forego• ing is late and correct. Garden GI• Dated at ..............ove ......... 20 daMe7f Eh 9 Signature e PRnOF OF m;Ri ICATION Notice Inviting Bids CC514 f ' iwnxai:lAlt*1tUvow GLWNW i"ISC31t �rY 1;,•!•;; /y •'' ryl, .-. �1: 1 Notid b b e69 em twil; a(.: Chaity minco of do d "ol Honda/ton [;t 4 :Glilorr►4 trill rsod�w eeait� bide for eAi�iei �orb�r,harstis>~t itrtho Ch WNtmtlnt;tOd 13sntl: GJitan4 is oordiixe �tf6lL 1'ls� sadllpetifir�Ait�o1 .nd sne�'.rl Provision m Ns to the omo. o[ tl>. nim4nr of wNk wort�i. a+cud+tol+ wW •railsitis;eb`lvlsrth`21, 1�60. Il ebw" dI's1CA4 not rt%ndtb&% wd1 be t+4� for aaeh e+t of 8petita�tloai sad P�3�11 drtrr{ap. ;j nIREC'1toR0PF118l1cW0Rh8ki'n)AiH Wed tram (:Wuet•�xttrb!tiehslttao:ps. � i�;`' jPie& c4mijj[Allir sad tt.idce SC { Q�ertre:ct whec�3ai: rrmpw' ' :,; PtG&jrwsy and Baoond 9L c� ` ct Whsslhalr rurr.. 2•: . . /. i Padnt Coat 1l1¢wir and'ihird tit. • �;• Construct wbsseeira& amps. 2 S. 1'acille Caait iilah+►� ind lab 9t CoaatnKtcbeldebaJr.rarapa 2 IL Padua 0064 Hishm at $lith fit. . ' Cawtruet erbaiehdr t Be�eneh tit. v� ' 7, f `Coat , 1 f Co atsud Wim"Id tr .2"� , � ; k ' P.eifio'C�nt Hi�way at L�bth let. 1- Caauum w•bteldtiatr ramps. 2 N r 5: ' Paetlk Coal! }{tj(ria2r at Ninth tat. yr Construct w>zuk�sir range. 9 J r 19. PadfkCoatHi�hwaltKTe�thSt. ,. Cametruct wl�elehalr raap< r� PV - `0 11. Pseilfe(Cuut H _ gbway d 6lereatb 8L 'Canstnttt %baddait maps. .: ; a t• ! 12: ,Psdlk Cant Ftisi►l Twtltth Sf.' 11 +r+ "y 1 Conatnett wbetkirait ramps. � . , i , . , ; , ri c �ch�►ttlit;!''blrtesntbtat. a. !I, Pad& Coen�H�yl-r- )' ',Comlrrtctebealchalr ra>mP�• ` r i it" s is ,� 11: ' Fw-!!ie Caart liltt>r*n at Yw:ieeatb SL 'r ' • � } ' ! C�w�a�k�t�:ct wlsa+loi+atc ramps 3 t1ti. I Go{dtutaat at 1KeFaeidasL �. � � +i I 4-� ' 11 , l}' ' Y r COaalrteet rmpt' ,• it { y i � � 16 ' CloldgiiniClt Pd� r ' , ' - j y;► 1 �: r �Coeatructwl�...irbairtaup� 7 ! 1 3 � ! 17. WiiiiO t l locos drirehar t . Y '; x s rJl :4omoluctt!hgdcbaltnsnDs• 'Ct r Corutna Ps. ' { .:� r1.1"r.;; .i, It �� � s,., ♦, rti •.°s. '..,e ,.. ....'. '►' ". �,'_,,lrin_at0`totdnot i tJb tl* R��of rJadim 1•lT� of 1iA Iwbof.CodrG 04 W .C�It71.t1»'1✓gw"I"'�t \` ; tansral pntadtta� arts o f,�aps,'aPp�oat>sa tolba work do t>. doom�pi�s of no Pasrol cpntBast cps rub dlterolano an WIVIR is blaa OL.td.Qtp.C3telE �' ores eti the Direck& d ro iic 1�*oflu of t1r l of Nod6atea►.B}mh1 ; rer..as r�wtt.a 19iea�~OaitoHY. y L4CUYOwk,the QtYAUwtI7 -q4ws= oftlAd" and W iw� of ut W&W Val ad to r, CCU v( HuAdaft Poubli LW realm sult"I"Ie"I'MW IW et Lbi 6*y d 740 PJL, In ths CA31 CMM2'L'hm lu Cortfa ci AM City of H PwcL ad oUll bn Wed 4M by Wd CRY C Jim, 'If the! he d dfor t6 wtioutmt o( a* MY of Head fly order of the Cvy CxKiW of the City f I Huntivon Wwctr. cdumj tunh ton c wF1rrwOlMI Ck culk Ito V.-1110'V 2 REQUEST FOR CITY COUNCIL ACTION Submitted by Paul E. Cook, Director pepertment Public Works .,. Dore Prepared APril al, 1980 Backup Materiel Attached Q Yes 'No Subject 'Constiuction of Access Ramps -- Various Locations; CC 514 City Admini3t4tor's Co m nts Approve as 'Recommended ,►P.PROVED I3Y CITY COUNCIL a �. `c�` r cL. is Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Bids have been received for the ccnstruction of access ramps im the City of Huntington Beach at various locations. Reccnmrantii tion : Accept ttthe low bid 'of Fleming Engineering , Inc. in the amount of $19, 790. 00, , j all bids and authorize the execution of the cciitract by the Mayor and City Clerk. Analysis: E Bids were opened at 10:00 A.M., Friday, April 11, 1990 for the uurk described. The bids received were as follows: J. Frank Artukovich $311004:00 Fleming Engineering, Inc. 19,790:00 The Engineer's Estimate was $22,000.00. Alternative Ac Ml : Reject all bids and re-a&rertise. Funding Source : Funding by Housing Comamity Develo7rent Block Grant. PEC:BW:ek City of Huntington, Beach P.O. BOX ISO CALIFORNIA 626" OFFICE OF THE CITY CLERK April 22, 1980 Fleming Engineering, Inc. 13909 Artesia Blvd. Cerritos, CA. 90701 Gentlemen: We are i;ransocatiorgis in the of NUntin ton Beach. Projeonstruction of access ramps ii tti n four 4 copies of ._ a contract for the c at various l g_ ct CC�-514. The contract was aWa rded to your firm at the regular meeting of the City CoLIncil held Monday, April 21, 1980. W1 ''hat"" . " 3 11 yoU`kindly;is f e twiandtheVt.abor andnMaterialstBondee equal all copies execute the con and return to this office, tog then with q al to fifty percent (50%) and Performance Bond in the amount of one hundred percent (100%) of the contract price. p y y part A guarantee for�the roject shall be furnished to the ani! m9 be included. of the Faithful Performance Bond. There shall be express wordi*n in the, Performance one year eriod commencin with9the filin of pie Notice'of C or and Materials for a Bond if such bond includes the uarantee and warranty of the. -,Labor y p g g pTetion and ;acceptance of the contract by'the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee and warranty period. Also enclosed are two,sets of a Certificate of Insurance in quadruplicate. This in- surance form is the only one that will be accepted by the City of Huntington Beach. Please return one set with the bonds and executed contracts. Sincerely, J Alicia�M. Wentworth City Clerk Aft bt Enclosures City Of Huntinglo"n'Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 299 1980 Fleming,Engineering, Inc. 13909 Artesia Blvd. Cerritos, CA. 90101 Gentlemen: Enclosed is an executed co of the ContrScatwith the City of Huntington Beach, for the construction of access ramp tvarious locations in the City of Huntington Beach, Project CC-�514. Also enclosed is your Bid Bond which was submitted with your proposal. Sincerely, Alicia M. Wentworth City Clerk A14W t bt Enclosure of � A City 04 Huntington Beach 0 0 m a It 001 - P.O. 80X 190 CALIFORNIA 92a48 OF'1710E Ot. Tim. ary CLERK May 29, 1980 J. Frank Artukovich Construction Co. 915 Aleppo Street Newport Beach, CA. 92660 We are ret•irnin your Bid Bon , ' ' . fo, the construction of access ramps atsvarioustlocatio your proposal �� p locations in:.the City of Hunfihjton Beach, Project CC-514, in the City of Huntington`"Beach. The contract for this job was awarded to Fleining Engineering, Inc. of Cerritos. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk ARW bt Enclosure REQUEST FOR CITY COUNCIL ACTION Submitted by Paul E. Cook, Director Department _Public Works Date Prepared July 22 1980 Backup Material Attachod Yes �No Subject Notice of Completion -- Cash Contract 514 - Wheelcl4lr Ramps, Various Locations, City Administrator's Comments, Y CITY CCUNt;I._ CITY coons Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Ac!ions: Statement of issue: The work ^to installi handicapcurb ramps linder, the subject contract has been completed by Fleming Engineering Inc, n accordance with the Plans and Specifications. Recommendation: Accept the work and instruct the City Clerk to file a Notice of Completion, and approve Change Crder No, 1. rt- x Analysis: This project will complete access for the handicapped in the downtowniintington Beach area. The, locations for the wheelchair ramps were selected by the handicapped from the City of Huntington 132ach. ..t 790.0 .4 ,.... id price was $19, .,..:9, � . s The total contract b 0 Duri n the course, of t%e work i t �wa necessary to issue one Change Order., to. meet the unex ected conditi'As imbosed finder the Cal Trans Encroachment Permit. In order to stay wit in the HCD"�udget o'f s20 000'fgr .the removal of barriers to the handicapped, it.was necessary, to delete the installation of ramps at four (4) locations. These ramps will be done Under future projects. Funding Source: This project was funded by Housing and Community Development funds. BW: ek RECEIV City” of Huntington Beach nti, ''ndt peparEm''bht of Public Works P.O. BOX 190 Huntington Beach, California 92648 Attention: Sub . ject: Certificatl'o'n,of C6mpli'ainl'ce with Title,VII of the Civil Rights Act and nd Equal Employment opportunity Act of 1972 Gentlemen: I The undersignied, contractor on 1 514 Access Ramps Various Locations Pro3ect-No. Tit e hereby certifies that all laborers, mechanics, apprentices, trainees, watclinen 'c!'nd'"quards employed by him or by any subcontractor perform- ing work Under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laboreir, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title_VAcp,•�►.,..` c-. EXECUTED IN FOUR COMITERPARTSREC E.11 EO INDUSTNIAL INDEMNITY COMPANY 255 California Street • San Francisco, CU-Oifornia 94120 Bond No, YS815-5925 PREMIUM: NIL MAINTENANCE BOND KNOW ALL MEN BY THESE: PRESENTS: That w6, FLEMING ENGTNEEram, INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY, a California corporation, as Surety, are held and firmly bound unto CITY OF KUNTIVGTON BEACii as Obligee, in the sum of NIN .TEENI TWUSAND EIGHT i;UNDRED FORTY—ONE At?D 0 2/100. ... ....r«r........wn��r DOLLARS ($19,841.02), lawful money of the United States of America, for which sum, well and truly to he paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, That, Whereas,'the said Principal entered into a certain contract with the Obligee, for 1*1EELCFiAIR R,ANT'S, Cc51 and, WHEREAS, the Principal contracted to give the Obligee a bond in a penalty of NINETEEN TIIGUSAND 7Ir1'.T i►UIJDRED FORTY—ONE AND 002/100 ($19, 041.02) b3fore final acceptance arse apnroval of the work done under said contract, conditioned that the' Principal would make hood and protect the said Obligee from and against the results of any faulty materials or iorkmanship having been incorporated in any part of the work so cantract.ed for, whirh shall havI app and been discovered, and concerning which the said Principal has been given notice within the period of Y from and after the comoletion and acceptance of the work done under said contract. ofOthe said Obligee rserued on the said Principal al within the eriod rift u er Ode by the proper official comply n w ef Ver r g p p ' of from and after the date of the completion and acceptance of said contract, to make good and %protect the said Obligee against the results of any faulty materials or workmanship appearing to have been lncorporaVcl in any part of the work performed under said contract, which shall have appeared or been discovered within said yea period after completion of the work, then*this obligation shall be null ancr void; otherwise, to remain In full`force and affect. Signed, se' led and dated this 18th day of AUGUST 1980 FLEMINr ENGINEERING, INC. BY:i' w INDUSTR L, NCEMN T"Y COMPANY ILLIMI R. ` 4 "Attorn6yin•fact IY 221 11173) 0 EXECUTED I21 FOUP. COUNTERPARTS RE CEI VED INDUSTRIAL INDEMNITY COMPANY %o/y��� 255 California Streat • San Francisco, California 94120 Bond No. iSH1S-5925 nnx "-1ILt;4 : NTL MAINTENANCE BOND 1'.'NOV,! ALL MEN BY 'THESE PRESEN I-S: That we, FLF-t INC, J1,NG1tdrrR1 G, I11C„ as Principal, and INDUSTRIAL INDEMNITY COMPANY, a California corporation, as r'urety, are held and firmly bound unto CITY Or HU1IT114GT0N BrAC.'?I as `Obl;gee, in the sUITI Of :4IPIETL EN ^.'t,CSUS Ti14 EIGHT lii?11Ii7RED rORT'2'•-011E AL,1D 0 2/100rr.n- r.rr-----tirr�•r.rrrrr.ro.w DOLLARS ($19,641.02), lawful money of the United States of America, for which sum, well and truly to he paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by thes.- presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, That, Whereas, the said Principal entered into a certain contract with the. Obligee, for NUF,FLGIIIIR Rl1i'•'rPS r CC ;1 and, WHEREAS, the Principal contracted to give the Obligee a bond In a penalty of 1;1'NETj= E?4 T1'0T SAPID 71MVT UUNDI?ED MR7Y--017c' A! "7D 0 2/1110 3."1 , I; 41. n-' i Lefore final acceptance and approval of the work done under Bald contract, conditioned that the Principal would make good and protect'the said Obligee frorn and against the results of any faulty materials or workmanship having been incorporated in any part of the work so contracted for, which shall havi a esE; 1 agand been discove;ed, and �r.�.� concerning which the said Principal has been given notice within '.,te period of from and after the completion and acceptance of the work done tinder said contract. -- unr�u_sur��GC,RE._if_thr._?rinciR,�l :hall well and truly comply with any writte�l or�ger6r�adr by the proper official —"""�-�— •--+w�---:t�..... from and after the date State of CAL I FORK I A On - A ---- ?� ,before we, the undersigttcd, ss. a Notary Public of said R I VL'R,S I DC county and state, personally appeared Count�� of IN1LLIr1.�11 i�. 1�1�lIS known to me to be the Attorney -in -Fact of II _. _. --�—"► '{.- Al IMDF NITY COMPANY !_� ► the Corporad t tat executed the within instrument, and known i r1�Lh. UrR ( I to me to be the person who executed the said instrument on r.nr t✓�'�>'-I� behalf of the Corporation therein named and acknowledged to s� ,� (; ,'� •I(: C<)., C/ LIF, i� Me that such C Corporation 7.:'2 '3 i{CCUtCd the same. I;1 L J1(_"; N TA A Y PUPUFiLIC I 221 1 i/ for EXFCUTCD IN FOUR COUI+TERPARTS REC El VE6 !NDUSTNIAL INDEMNITY CUMPANY 255 California Street Sin Francisco, Callfornle. 94120 Bond No, YS S 15--59 2 5 PREMIUM t NIL MAINTlENAiVCE BOw.D KNOW ALL MEN 6Y THESE PRESENTS: That we, I'LMINt ENGINEERING, INC. bs I'rincipal, and INDUSTRIAL INDEMNITY 'COMPANY, a California corporation, as Surety, are held and firmly bound unto CITY Ox HUNTXN'GTOW BEACH as Obligee, in the suln of N11 ETEEN TIMUSAUD EIGHT WYNDRED FORTY'-011E .AND 0 2/100------r--�...w.r/�wnw.rww�ww�. ew,w w,Mw.rw+�rrr�w.wrrwrw DOCI_ARs`(Slp, 841.02), lawful money of the United States of "America, for which, sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sev.-rally, firmly by these presents. THE CQNDI— IT ITIONS;OF THIS OBLIGATION ARE SUCH, That, Whereas, the said'Principal entered into a certain contract with the Obligee, for WHEELCHAIR RAMPS, CCS14 and, WHEREAS,'the Principal contracted to give tho'Obligee a bond In a penalty of N1NETEEN THOUSAVID F,IGIIT HUNDRED FORTY--ONe AND 02/100 { 19, S41,.02) ma a good and, protect the scid Obli as"from and against result's of'an fault 'mat ri o ..' pi ore final acceptance and approval of the work done under said contract, conditioned that the Pdnci al 'would make g p g g y y e als r workmansh p hay ing been incorporated in any part o!"he work so contracted for, which shall havi amp �¢ and bear) discovered, and concerning which the said Principe) has been given notice within'the period of YAW from and after the completion and acceptance of the work done under said contract. "`• ••• 4r•.•..•+�r�a�-�w GIAC..if�tpu.AcincIt�al.ttsali well.:cui.lrulu.nr,.+" ........�.�..e,,,o�.: ,. SiAiE Of CALIr0PhIA. CLUMiT �(.------- 1•ct , An3s c l ��:a _ _ __ ____ — - tit % !� un__„z.__.._...._._.., 19 beloic me, the undersigned, a Notary Public in Ind lot said SUU, ptrumlly appeared I — Heirry C. Grose lr,own tom to bi IM +��--- Vice--Piriv1de it •• - of the_ _ PIeIriDS Erkine:erinR, Inca AIM JENNEiTE A DUNCAN a the Corporation ttut eteculed ho within Iniltwunt, know to mt to ba the person *t* , NOTARY PUBLI16CALIFORNIA eiecultd the within InsituontriL on behall of tht Corporation, therein named, and aeana*ledgtd COUNTY ORANGE COU• • • to me that such Co(poeation t:ecute4 the same. WeMy Commission E+Mres Apt P I9S4 u WllhlSS my hind Tnj official tall. �C•,0�.IbG�lht-t.uw�N��+-��It�IU ra+_ti? 01. )&A - Rotary NAllt is Md fa saw SUU. AUTOMOBILE ENDORSEMENT A0161410NAL IN'TERESIS It is agreed that the policy coves * CITY OF HUNTINGTON BEACH] P. 0. BOX 190, HUNTINGTON BEACH, CA 92648 (Name) (Ad(Itess) as a "person rJr organization" Insured uixlcr the PERSONS INSURED provision in Part I of the policy. anti that notice of any cancellation, by the Company sluill also tx-- mailul to such person or oroanizatiou. *ITS > CITY COUNCIL,, AND/OR ALL . CITY. COUNCIL. APPOINTED GROUPS, , I r THLR CITY COUNCIL COMM T ES COMMISSIONS BOARDS AND ANY ONTIVE'OFFICERS,., SERVANTS,.OR EMPLOYEESROFLTHEICITY VE NOFIHUNTINGTON BEACH ONLY AS. RESPECTS, WORK PERFORMED BY THE NAMED INSURED FOR THE ADDI— TIONAL INSURED. PROJECT; WHEELCHAIR RAMPS - VARIOUS LOCATIONS, CC 514 FRIIS & COMPANY, INC. BY: This endorsement forms a part of the Ixtliry to r-hich attachrd, effective from its datte of issue unless othorwise stated herein. %The information below is requited only when this onrlorsernrvit is issued subsequent to prep :aration of'Nhe policy/ Endorsement offoctive ;,4j21/80 .. , Policy No. 86FJ42686CCA Erxlorsunwnt No. 17 Named Insured FLEMING ENGINEERING, INC. • 0 . SOLELY AS RESPECTS WORK DONE BY AND ON BEHALF OF THE NAMED INSURED FOR THE CITY OF HUNTINGTON BENCH, IT IS AGREED THAT THE CITY OF HUNTINGTON BEACH IS ADDED AS AN ADDITIONAL INSURED UNDER THIS POLICY AND THE COVERAGE PROVIDED HEREUNDER SHALL BE PRIMARY INSURANCE AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE AVAILABLE TO TEL CITY OF HUNTINGTUN BEACH, CALI1. FORNIA, UNDER ANY OTHER THIRD PARTY L'IA— BILITY POLICY,. IT IS FURTHER AGREED THAT THE "OTHER INSURANCE" CONDITXONS OF THIS POLICY ARE AMENDED TO CONFORM THEREWITH. ADDITIONAL INSURED: CITY OF MMN97M BEACH AND ITS CrrY OXMCIL, AND/OR AT t CITY COUNCIL APF 1W1 E) GROUPS, COi++iUT= p COMMISSIONS, BOAMS AND ANY OTHER C.,ITY COUNCIL APPOINTED BODY, AND/OR M.ECTIVE AND APPOINTIVE OFFICERS, SERVANTS OR iOY ' . OF THE CITY OF HUNTINGION BEACH, ONLY AS RESPECTS WORK PERFOMED BY THE NAMED INSURED FOR THE ADDITIONAL INSURED. PM3EGT: WF ' M ICiiAIR RAMPS — VARIOUS IOZATIONS I CC 514 This endorsement, issued by one of the below named companies, forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The inf~ion below it rt9aind only When IN: rnderttm"t it illood i4tofamt to flefa►ation of polity.) Eodor emetic ei�adttc +4'/ 21 / 8 0 Policy No. 8 6 GL 5 9 719 CCA Fudonctnenc No. 2 5A NamedImu'red FLEMING ENGINEERING, INC. Additioaal Premium $ Tii BD Return Premium $ 131 PD ]n Advance $ $ lst Anniv. $ $ 2nd Anniv, $ ; Ualty and Surat Company TThe Standard Y Ippny e Cas , FIra Insuri`nce Company FRIIS & COMPANY, INC. U�E�l�iH� hhr�ItHh}Ih11f l,� 9 G �15 (Ed. I•73) This endorsement forms a part of the policy to which attached, erreclive on the inception date of the policy unless otherwise staled herein (The followint Informaiion is required only when this endorsement is Issued subsequent to preparation 0 policy.) Endorsement effective 4/21/80 Policy No. 86GL59719 Endorsement No. 25 Named Insured FLEMING ENGINEERING, INC. FRIIS & COMPANY' INC. _ At a Countersigned by horized Represenlalive) This endorsement modifies such insurance as rsallo►ded by the provisions of the policy relating to the following - COMPREHENSIVE ND CONTRACTORSILITY INSURANCE LIABILITY INSURANCE ADDITIONAL INSURED (Owners or lessees) It is agreed that: 1, The Pe out operation's rsonsJlnsured" provision is amended to include as an Insured lhe'person or organization named below but only with respect to liability arising p ations performed for such Insured by or on behalf of the named insured. 2. The applicable limit of jl,c company's liability for the Insurance allked under the Contractual liability Insurance Coverage Part forming a par! of this policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below. Name of Pesan or nrsnization (Additional Ins..►ed) CITY OF HUNTINGTON BEACH, . AND ITS CITY ,,COUNCIL', AND/OR ALL COUNCIL APPOINI'E'DGROUPSAPPOINTEDEEES, COMMISSIONS, BOARDS AND . CITY .• F BODY, AND�OR ELECTIVE AND ANY OTHER T$,,� APPOINTIVE"OF CIE C 0 ... OR EMPLOYEES OF THE CITY OF N_UNTINGTOZ�I BEACii , RONLYEASARESPECTS T bkK PERFORMED BY THE NAMED IDTSURED FOR tHE ADDITIONAL INSURED. PROJECT: WHEELCHAIR -RAMPS — VARIOUS LOCATIONS, CL' 514 G115 (Ed.'143) r;. Return original ens ithrue copses of completed certificate to: City of Huntington Beach Dept. P. 0. Bax 190 Huntington Beach, California 92049 CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION . t. etLribu..1 loos Original -- Origlrmting Dept. After ApjEovul Yellow — Risk Manager BY City ttornoY pink — City Clark Gold — City Attorney ISSUED IN FOUR COUNTERPARTS This Is to certify that the policies of insurance as described below have been issued to the'Insured by tjte under• signed and are in`f.srce at this time. If these policies are cancelled or changed in such it manner that will affect this cartificatd, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0, Box i 90, Huntington Beach, California 92648. Name of Insured FLEMING ENGINEERING, TNr - Address of Insured 13909 ARTES IA BLVD. , CERRITOS , CA 90701 Location of Insured Operations VARIOUS LOCATIQNS Description of Operations_ WH—F.ELCHATR EM12S(;C 51 4 POLICIES IN FORCE POLICY NUMBER OA LT F LIMITS OF LIABILI i Y EFFECTIVE EXPIRATION A. Workers Compensation 8 6CK9 5 6 i Statutory Employers' Liability 046CPA 6/30/79 6/30/90 S 2, 000, 000 _ • $300,000 Combined single B. Public Liability: 8 6GL5 9 7 9CCA 6/30/79 6/30/80 limit per occurrence. Bodily Injury: Man ufact urers'and Contractors ® $ Each Person Comprahensive General Ga $ ' Each Accident lincluding products completed operations) Property Damago S Eech Accident C. Automobile Liability: B6FJ426 6CCA 6/30/79 6/ 30/80 Bodily Injury $ _ " Each Person $ Each Accident Properly Damage $ „ " Each Accident Does policy cover' (Please check at least one) .Ali owned automobiles (I ) Yes ( ) No Non -owned automobiles) Yes ( 1 No Hired automobiles ) Yes ( ) No D. Additional Insured Endorsement: ATTACHED sur agrees that the City of Nuntln ton Thee • Beach and°�Is"Cit l Council and/or all City`Coun`cil appointed groups, committees, r. g y antive'officers, commissions, boards and any�othei Cie -Council appointed body, and/or elective and pp servants' a fs`a'rlempad ees of he City a of hal t(ngton Beach, when aatln as such aryaddi l insureds hereunder, for the sery th��� y y g h8 �� f �honal.in Wo C FERIO B �' �� INS FO} THE, I l�ONAL �NSL�. n Beach. ONLY AS R�' PDCTJ E. Hold Harmless Agreement: By Insured: - -Title +'/ r i~ 1 igneturel P00"IM The insured agrees to protect, defend, indemnify and save harmless the Cify of Huntington Beach against loss, damage or expense by'reaAn of any suits; claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. F. Remarks: APPROVED AS TO FORM: "NOTWITHISTA,'! '1G A?-.'Y PEr!I.p[-I`,1ENT, TERM, GAIL NUTTON FOR •1 ITI9•I UPrtil•I y ; 9- 11. � , :. C. 'City ney T �,�,r; r ; ;, 1 ,, �, uf-. rIFICATE / o �i: .. POLICIES L:3T;.7 ON �Tii: l.ia:til- T,: Is SUf3JcCT Ry De 5. ty City Attorney Date � 9/gip AL�TH01112ED REPRESEi1'FATIVE'OF INSURANCE COMPANY INSURANCE COMPANY :Name Address City AETNA CASUALTY & SORETY Signature of Authorized Representative/Agent r... .;;;,�r'd.. ., -, : ... r+:•��ii�" ., `.,; w - ;,. v�.:�;: •.- ,• � ;. r �:,. P. 1 0. BOX '�1.315 Address P, 0: `BOX 2 0 0 8 6 r RIVERSIDE r 'CA ; 92516 e. SAN BERNARDIN0 CA 9 24 0 �-olt hone 0 t 1 EXEC* IN FOUR COUNTERPARTS Contract Bond —Payment Public Work —California 0 Bond INo. YS 81 1- 4 5 6 0 Premium Included in Performance pond INDUSTRIAL INDEMNITY COMPANY WDENOjITY 283 CALIFORNIA STREET • SAN FRANCISCO. CALIFORNIA 94120 KNOIII :II,L jil N R I' TIIIsSli PIRE'SE1V7S: 1'1,at we,FLrAiI NG ENGINEERING, I NC . i' CERR I TOS , CAI.1 PORN I A as Principal, and IN INDEMNITY (".0NIPANY, incorporated under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH , as Obligee, in the sum of NINE THOUSAND EIGHT HUNDRED SEVENTY- F I VkL' AND NO/ 1 0 0 Dollars ($ 9 , 8 7 5.0 0 ), for the payment whereof', well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition cif the foregoing obligation is such that, whereas `the above -bounden Principal has entered into a contract, dated AE'k 1 L 21 , 19 8 0, with the Obligee to do and perform the following work, to wit: WHEELCHAIR RAMPS - VARIOUS LOCATIONS, CC 514 NOW, TH .REFORE, if the above -bounden Principal, his or its heirs, executors, administrators, successors or assigns; or subcontractors, shall fail `to pay any of the�persons named in Civil'Codc Section 3181,_or such claimant or an h P y 'espect to Work or labor performed by any amounts duc'ttr.dcrytl1nounntmrcqu Unemployment to be dcdurted,lw thlield, and paid over to the Franchise Tax Board from` the wages of employees of the Contractor and'his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect'to such work and, labor, the - urcty or sureties herein will pay for the same in an amount not exceeding the sum specified in this band, otherwise the above obligation shall be void. In case skit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inurc to the benefit of any and all persons, cotmpanies or corporations entitled to file claims under Section 3181 of the Civil Code of tlic Statc of Califomia, se as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED, SEALED and DATED this 21 ST day`of APRI L , 1980 . APPROVED AS TO 7 GAIL HUTTON City Attorney $y: Depu City AttornaT 1Y010 RI (41741 FLEMING ENGINEERING, INC. -'. (Seal) Principal INDUST I i. IIVnE1iNIT',Y CONIVANY vvv n Z - , _1, - $fI LL I AM R. FR I 1 S , Attorney -in -Fact EXEC* IN FOUR COUNTERPARTS Contract Sond—Payment Public 1Vork—California �J liond No. YS 81 1- 4 5 6 0 Premium '.ncluded in Performance Bond 771 DUST0,61. INDUSTRIAL INDEMNITY COMPANY 285 CALIFORNIA STREET • SAN FRANCISCO, CALIFORNIA 04.? 20 KNOW ALL ,111sN BY T111sS1i PRESENTS: That we,17LEMI NG ENGINEERING, INC. of CERR 1 TOS , CAL 1 FORN 1 A , as Principal, �tnd INDLiSTRIAI. INDEMNITY COMPANY, incorporated under the laws of the State of California and authorized t., transact surety business in the State of California, as Surety, are held and firmly hound unto CITY OF HUNT I NGTON BEACH , as Obligee, in the sum of NINE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/ 1 00 Dollars ($ 9 , 8 7 5.0 0 ), for the payment yment Nvhercof, well and 'truly to b sde, said Principaa d Surr' 5bind tliemselves, their hairs, administrators, successors and assigisjoman d d ' �ally b y y presents. 'rite condition of the foregoing; oblig,if ion is such that, whereas the above -bounden Principal has entered into a contract, dated APIZ I L 21 , 19 8 0 , with the Obligee to do and perform the following work, to wit: WHEELCHAIR RAMPS - VARIOUS LOCATIONS, CC 514 NOW, TIIEREFORI:, if the aboiie-boundcn Principal, his or its heirs, executors, administrators. successors t y y { .p named in Civil Code Section 3181, or amounts dui under the Unem'ilo mc>Il to pa an of t1ie, ersons or assigns; or subcontractors, sha_I fa • nt Insurance Code with respect to. work or labor per'formcd by any be deducted, withheld and paid over to the Franchise Tax Board ..uch claimant, or an} amounts required toy' , from the wr�gc's of etnployees of tite Contractor and his subcontractors pursuant to Section 188,06 of the ' p t work a r other vise the above`obli will .pay for Revenue and 'taxation Code, with"res cct to sac) nd�labor, the surer or sureties herein w the same in an amount not exceeding the sum specified in this bond, obligation shall he void. In case suit is brought upon this bond, the said surety will pay a reasonable att0rney's fee to be fixed by the court. the benefit of an}, and all ersons, companies or co orations entitled to file claiins This bond shall inlrre to p p � m under Section 3181 of the Civil Code of the State of California, so as to give a right of action to'thetr or their assigns in any suit brought upon this bond. SIGNED, SEALED and DATED this 21 ST day of APR I L , 1980 . _..._._,_ FLEMING ENG iNEERING, INC. (Seal) t -- ._ __..—.._ �...__..,w_.-°.,.,, ..�..._.�....�.,.w..{,.•`.,,.,�,..,.°,,...� Principal .. t•'L�ii{►{IW.+T[:..MAA{♦�'MR). q..,ry,fy�RRL�tn •m.uv •• ' State of CAL I FORN I A County of RIVERSIDE r, j;��. OFFICIAL SEAL ]IA"'o, r PAMELA URRY NOFAPY PIWILiC on APR 21 1980 before ss. -a Notary Public of said county and state, a mhe uridcrsigned, personally appeared ir FRI is known'to me to be the Attorney -in -Fact of 4 ,.., 1M.—DECOMi'AN�I to me rp on'that executed the wl t e Co' riratio thin° I true "�" ' , behalf of the p . ent, and known the erson who excreted rite said' Instrument on Cor ora`tlon P therein named, and acknowledged 'to me that such Corporation executed the sane. t 1 EXECI@b IN FOUR COUNTERPARTS Contract Bdid-Payment Punic 1Vork—California • liond Nn. YS 81 1 •4 5 6 U Premium included in Performance Mond 1 NDU' STRIA L, INDUSTRIAL INDEMNITY CCfYPANY 285 CALIFORNIA STREET • SAN FRANCISCO, CALIFORNIA 94120 KNOII' .,ILL ,IIL, N B I' T.=1L'SE PRESENTS: That We,FLEM I NG ENGINEERING, I NC . of CE / TOS , CAL I FORN 1 A , as Principal, t. coin INDUSTRIAL INDI:AIN1'1'Y COMPANY, incorporated under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and'firmly bound unto CITY OF HUNTI NGTON BEACH , as Obligee, in the sum of NINE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NK)/ t 0 0 Dollars ($ 9, 8 7 5. 0 0 ), for the `payment wllercof, well and truly to be made, said Principal 'and Surety bind themselves, their licirs, administrators, successors and assigns, jointly and severally, firraly by these presents, The condition of the foregoing obligation is such that, %%,Iiereas the above -bounden Principal has entered into a contract, dated APR I L 21 , 19 8 0, with the Obligce to dry and perform the following work, to wit: 1VHEELCHA I R RAMPS - VARIOUS LOCATIONS, CC 514 NOIV, 'THEREFORE, if the: above -bounden 1 rincipal, his or its heirs, executors, administrators, successors amuu:ats dun. under the U pay Y ,p � 3181, or r assigns; or subcontractors, shall fail to a an of the persons named in Civil Code Section ncmploymcnt Insurance Code nth respect to work or labor p.crforme'd by any such 'Cl airnant, or any amounts required to be deducted, %vi'thheld, and paid over to"the Franchise Tax Board from the wages of employees of the Contractorand his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to sucli work and labor, `the .u'rcty or sureties liercin will pay for the siune in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is broullit upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. Ti is''bond shall in'ore to the benefit of any and all persons, companies or corporations crititled to file claims under Section 3181 of`the Civil Code of the State of California, so as to give a right of action t� thcrn'or their assigns in any suit brought upon this bond, SIGNED, SEALED and DATED this 21 S'C day of APRI L , 1980 �'"' -�� ��• FLEM INGENGINEERING, I NC . .., .,... ..:TT 6:1 �wi.ff�.\'�1�,.,,...wwtsaa`a.iArV/t/rs.►aw��»<'ms...rnu axa.n,....r�.,..«—..�.��.�_...._�_.�..�... _... .�..�—...�.�_.. �.��._�.. .. - �`�i���..Tlrit�C�.L� STATE OF CALIFORNIA, COUNTY OF Los An cre.jes u. before me, the underslired, a Notary+ Public: in and, for said State, personally appeared i Terry L. -Fleming•`.._ President - e known to me to be the 'OFFICIAL SEAL of 'the '"' t' ,�Fle in ,. Eif j�flheeriri Inc. . .CATHERINE R. MATTHEWS • = NOTARY, PUBLIC CAUFORNIA LOS ANGELES COUNTY My Commission Expires Jun. 9, 1980 ACKNOWLEDGmixT--Cer"rltlen—wokolfI hrn n2_111; yet the Corporation that ezeclltec the .within' Instrument, ° km mn to me to be the' persm who exe6ted the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the some. L. WITNESS my fund and official seal. r _ �— Natarli PIAIle In`and fw uld Stils. E • INDUSTRIAL INDEMNITY COMPANY 255 CALIFORNIA STREET u SAN FRANCISCO, CALIFORNIA 041.10 EXEC7JTED IN FOUf? COUNTERPARTS Contract Boil d—hiiitltiful Perfurrn3nce Public Worl.—Cali fornia CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: Ilond No. YS 81 1 - 4 5 60 Prcmiuln S 139.00 That 1= LEM11% EtC I NEER I NG, I NC . its reincipal, and INDUSTRIAL INDEMNITY COMPANY, incorporated under the Laws of the State of California and authorized to transact surety business in the State of California, are held and firmly bound unto CITY OF HUNT I NG TO,N BEACH In the 81"11.OL NINETEEN THOUSAND SEVEN HUNDRED NINETY DOLLARS AND NO/ l 0`0 Dollars ($ 19 , 7 9:1 00 for the payment whereof, well and truly to be made, said Principal and Surety bind thPmselve3, their heirs, administrators, successors and assigns, jointly and severally, firmly by theEe presents. The Condition of tna foregoing obligation is such that, Whereas the above bounden Principal has entered into a contract, dated APR I L 21 C I Tf OF HUNT I NGTON BEACH to do and perform the Following work, to -wit: 19 S 0 , with the WHEELCHAIR RAMPS - VAIi`, I OUS LOCATIONS., CC 514 Now, Therefore, If the above bounden Principal shall well and truly perform the work contracted to 'i be performed under said contract, then this obligation shall be void; otherwise to remain in full force J 'and Affect. S!gned and Sealed this 21 ST clay of APR I L ' 19 8 C I V 009 F14 (11 /731 I'LpmOVED AS x0 FORM: GAIL HJTT011 City Attorney Doity AttorneY FLEMING ENGINEERING, INC. T CO INDUS I '�. IL`. DEhINI. COMP NY >3y1....V....G....:'. ....... Attorney-m-Fact WI LL I AM R. FR I I S, 0 . Il` ?1! IT e '01 INC.USTRI/tL INDEMNITY COMPANY 255 CAL.IFOR14IA .iTRCFT • 5AN FRANCISCO, CALIFORNIA 94120 EXECUTED IN FOUL COUNTERPARTS Contract Bond --Faithful 1'erfmmance Public, Work --California CONTRACT BOND KNO11, ALL MEN BY THESE PRESR'NI'S: 711at FLEMING ENGINEERING, INC. El�n(l No. N'S81 1-4560 i)-cnlium S 139.00 , as Principal, and INDUSTRIAL INDEMNITY COMPANY, incr i,porated und,ir the Laws of the State of California. and authorized to [ransact surety businrss in the State of California, arc he'.-- :uirl firmly bound antO CITY OF 13L'ACH inthesumof.NINETEEN 1'1i0-ISAND SEVEN HUNDRED NINETY DOLLARS ANL NO/m I: - ,larS ($ 19, 7 90.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severe ly, firmly by the: a presents. The Condition of the foregoing obligation is Such that, Whereas the above bounden Principal has entered into a contract, dated APR I L 21 19 b p , with the CITY OF HUNT I NC;'TON BEACH to do and perform the following work, to -wit: 'XHEI.LCHA I R RANPS - VARIOUS LOCAT I UNS , CC 514 nr...., .Thnr�fnrr. if...thc abo�,�.bc�unden Principal shall well and truly perform the work contracted to State of CAL I FORN I A G"nu�lty of R I VERS I DE IV009 R4 i11/77) AN."2 11980 j On _ before me, the undersigned, } ss. -a Notary Public of said county and state, personally appeared J R ILLiAal i R. P' 01,5 known to me to be the Attorne)-in. Fact of INDUS'rIII(tl_ 114DEMNII-Y COMPANY the Corporation that executed the within instrument, and knuwn ►u me to be the person who executeri the said instrument on behalf of the Corporation thercir. named, and acknowledged to me that such Corporation cxectited the sanie. • . NPTARY PUBLIC I 4 ilk INDUSTRIAL"ANn-EMNITY ^AMPANY 253 C L1F611NIA STREET • SAN MR NCISCO, CALIFORNIA' 94120 EXECUTED IN FOUR COUNTERP AP r Contract Bond raliiiful Perfo'rinance Puhlic IVork--•California CONTRACT BOND KNOW ALL MEN BY THESE PRESEN- TS: Bond'No. YS8:1 14 Preiniunt S 1 3 9 O"o That FLEM'ING ENGINEERING, INC. as Principal, andINDlUSTRIAL INDEfM';" ITY COMPANY, `incorporated under the Laws of 'the State of Cai ` fornia ar, Ir,uilioi'ized to 'tra-isact surety bustncss m the State of Caitfornld are: eld and firmly bnund unto C I TY OF 'HUNTI NG'lO'N' BEACH Y,. in the sum of. NINETEEN THOUSAND SEVEN HUNDRED NINETY DOLLARS:'AND NO/ 10Q, o ara 19�, A W for the payment whereof, well and truly Lu be made, said Yrincipal 'and Surety bind themselves, thef,.- heirs, ada,in,i$trntors, successors and 'assign$, jointly and severally, firmly' by these presents. ,:..; `-'�•�he 'foregoing thsi - The Condition of 1� ing obligation is such t, Whereas the above bounden Principal has entered into a contract, dated i, r�pR I L 2! 1� g't7 'Atth 'the CITY OF HUNT I NIGTON '8EA►.6 I to do•anA`perform-the`following work 'to -wit.: WHEELCHAIR RAMPS - VARI O1JS LOCAT I ONS t tC '514 I nv�fl�lwrl�'17�K�RrOffrttW�iq�w�f�,a�.}11YaW1�YA�1[1tL�iL�Alfac��lf.Aintaiaaif�a��.ur�ii.easi..�a+�.i��.vw►ri...+w•..1.1...+... ' "-•`-�"'�'►�14'�t.>a' STATE OF CALIFOA41k ss COUNTY OF Los Anveleg ON - before me, the undersignTe,ri Tatary Publlc'� of an&'Ifor said State, personally ap! red • � L. *Flerninq I _ President knowm'to me to he the of the A.;; F1'eming4EC in"eerina'. Inc''. OFFICIAL L SEAL a executehe d Elieiw thinalnsttument oheb half ofltherl;orparat on the ein to; be `tht>I'. person wfio ERIMQ. R. tuus'tTft ll+s named, and acknowledged jjkN:0TAFIY PUSUC= CALIFORNIA to me that such Wporstionexecuted the same. S ANaUES COUNTY r�asbn Expin�e Jun. 9.' 1 OW io WITNESS my hand and official seal. Notary P0119 In Ind for ula SGh. Protseasea���•-r�r-��a^-�ras�-s.-�• '�r� .,.... _ , ACKNOWLEOCMEMT-•COroerttion—wNclfh Form W-211. }{{ _,__,,.,•__•• ,_• ..,.._'�wn�w`-...�.�..,�.,•...,..-.�....__�.........-.._.r.-.�.,..,,.,..,..�..n.w:^..,1•rc..,.:.�.•.'37�1:T}•T...ri.1'.'.•TCY.4yt/C•v:l:r:Al'Xi7ChtNilliiJf..Y%�Gi. ':..a:r ii ..:.�Td^TMrti ...c.r�....•.,r..,r.�..... OXECUTED IN FOUR'COUNTE'R'P* L 1NDUSTRIAL'INDEMNITY C§MPAY 256 CaliforniaS`treiit a' S'anF�'Anc sco, California 144120 .9on'd,'No, YS815' 5925 PREMIUM: i,NIL MAINTENANCE BOND K140W ALL MEN BY THESE PRESENTS: That we, FLEMING ENGINEERING, INC. as Principal, and INDUSTRIAL 'INDEMNITY COMPANY, a California corporation, of Surety, arc held and firmly bound unto CITY OF HUNTINGTON BEACH as 0611goe, In the sum of NINETEEN THOUSAND EIGITT HUNDREED FORTY—ONE AND 02/160 ------------------------------ --------- DOLLARS M19MI.'02), lawfu'l moray of the Onited Statesbf America, for which.56in. well and inily'id'44paid, we 0iia ourselves, our !'successors and d assigns jointly n'd'severallV, fiftly by these'PifeS6 heirs, 'executors, administrators, successo , 1, 1 a TII*I160ND)Rj'0*` NS b"t f H IS OBLIGATION ARE SUCH, That, Whereas, the said'PrIncipal entered into 3 certain contract 1, h ' with t e Obligee, for WHEELCHAIR RAMPS, CC514 and, WHEREAS, the Piini'tpal contracted t6give'the Obligee a bondI'n a 'i penalty of N INETFFN 'THOUSAND EIGHT HUNDRED FORTY—ONE AND 02/16'0 '($190184-1029' before final acceptance in"'"d 'elpic'vil'of., the work done,'uhdor,s'i1d c;niract,'conditioned that the .0dridipil 'W"ould at16v1 ''rk6inshlohAwri§ and nst le resu ts 6 YAW '1Y materials me pr,atect'thi,said'0611iei*fi6"m'a'n"'d igal f any faulty iria s 0 Wo 'A'di coveeid, and �y, part,of'the work so 'co, I I - 'nir-'aicte""... 'on' ncorporated n o d1o�j�* lj�sihall'hsVe iipp.ar be' k appeared and ibiee ;c6`Anhas been given e period "f concerning which fiRi no It" 0 from and after' the cbmplot1on and acceptance of work d one under said contract. N.A,THETiEF0'RE,' 1f,thePrIn6Ip'aI slibli well `and ,trullV,� comply With AnV'wr'1fte'n drder made by'thi 'Orb per offi'�.�Ial U d f ofthe said Oblidii'ain iogla'l�y, s�rvid'bn�iho said the Clod o I year fropiijnd'qf't.ir t_qd date 0 . fihoi co'nipl�iknand acceptikii'of sold contract, to, mikei good an Oro ect the'sold Obligee against the riisUitsbf any " f a 6 1 t v , materials. , i' a r, � W, 6 r k ri a' n'ih 10, a p 0 ii ail A g t a - h aiv'ie"�6'e' ii I n c o ip 6 r a t ed I h a Kj 'p a" rt' 0 f iiii i4 6 ir k pefform6d under' said c6in-irict, whic'hihili h_a'v_e`a'p'pea,-ed or been'd1*60'Vereid'i W-h$h"'1n'-s'a*`id;`-1 ;.year period 'after c6riipi ation' of 'i'6 1. 1� ` L - J_ " ..' I , c, 4 , I I work;'then this obligation shall lie nu'll and Vo"id; oitheriwise,` to romilnln'460'1oico' ifid effect. Signed, sealed and dated this Iflih day of AUGUST 1960 ,,FLEMING ENGINEERING; ,INC. IN` s AIX , 0 DU TRIX t'*4JDtMN1T'Y,,C Mp"Aily POO .By 1141 tj, -i 4 1ft W I L LI R. FRITSOttorney-jn4act 1Y 221 11/73) ` . * S96'•'"w oa��'�1rlr,�•: VC4 8•0 I4 *.XE'CUTED IN r':�t�R COUiVTERPHOS iNDUSiRIAL INDEMNITY COMPArJY 26 r:a11'farnia Street * Sari Francisco, California 94120 Bpnd`No. ,, YS815-59 2 5 PREMIUM: NIL MAINTENANCE'BOND KNOW ALL MErJ BY THESE PRESENTS: That we, FLEMING ENGINEERING, INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY, a California corporation, as Surety, are held and firmly bound unto CITY bF HUNTINGTON BEACH NIN .TEEN THOUSAND EIGHT HUNDRED FORTY—ONE as Obligee; in the sum of tt'"' «.'. AND ♦,��100rrr•rrrr.� wrr.wr-- ..---------rr.r.rr.rr..rrrrr.— DOLLARS (SL9,841.02), lawful mono of the United States of ' l .; y America; for which sum, wall and•truly to`be�paid, we bind ourselves, our heirs, executors, P..imi'nistrators, successors Iand assigns, jointly and'severally,'firmly by these presents. THE COiVDITIdNS'OF-rNIS'ORLIGATION ARE SUCH, That, Wheraes, the said Principal'entered into a certain contract with the Obligee, for WHEELCHAIR RAMPS, CC514 and, WHEREAS, the Principal contracted to +give the Obligee a bond in a penalty of NINETEEN' THOUSAND s,.-.iY.. EIGHT HUNDRED FORTY—ONE AND 02JI00 '($19184,1.02) '{^,�/"lt o betcire`,fina) acceptance and app'roval'of the wurk'dane ilnder said contact, conditioned that the Princlpal�tivo�ild an protect the said Oafi eel,rom and against Abe results of any failty"'mrte: als or workrnanshi, axing ,f4 , p. $", s make good a 9 st been`iricorporated in any, pa *,. i en notice vv or, which shall have appeared and t�'een discovered, and,.. rt of Ehe work so contracted i LAY ' concerning w�i(ch"the sail! Principal �as been g v � ithin the period of S year from and after the completion said' contra and acceptance of the wok done under contract.. t; :. ,� Mild' by the'proper offic!el NOW THEREFORE, if'the Principal shall well and truly cojmplywith any written order ma ,� � ,; ' � '�-��i a� lrnally served on the said Principal wit fn the'period of 1 ' year ' from and after the date . ' ` "p-L"ntect thou Obiigea against the'result3 of Sate of CALIFORNIA County of RIVPRSIDE OFFICIAL SEAL PAM15LA. URRY ' "It NOTARY FUBLiC F:IVEfi51DE CO., CALIF. I � My tarr,mi icn cxpttcs 7.22.83 �. AUG 16 19a0 n r, �, before Mi a 'the�i nderstgned, ss• .a Notay Pubiic of said county and state, personally appeared WIL I_llll `R _ FRIIS known�to me to be t he Aftcrney.in.Fact''of ' t w TRIAL ,IIdDEMNiT`.! COMPANY i. doe rpA bei =n ihat pxccik�d the wi'in'instrutncnt, and known f he person wlto executed the said instn blmcnt on ehalf. of thc'Corporation therein named, and acknowledged to me that such Corporation executed the same. -5 NOT Ry a61C E r RE GEIVE EXECUTED IN FOUR 'C4ilifiF:RPARTS �NI'JUSTRIAL INDEMNITY COMPANY 255 California Str est a San Francisco, CaIifarnia'b4120 66nd,No-YS615-5925 PREMIUM: NIL MAINTENANCE BON[ KNOW ALL MEN BY"THESE PRESENT;t;S: That we, FLEMING ENGINEERING, INC. as. Principal, and INDUSTRIAL INDEMNITY COMPANY, a California corporation, as Surety, are held and firmly bound uto CITY OF HUtiTINGTON BEACH g w',y THOUSAND EIGHT H .Ip., as Obii ee, in the sum of NINETEEN TiiO HUNDRED FORTY --ONE AND 0 2/100 DOLLARS (S 19i841AI) lawful move of the Unit ed, tad States of America, for w�ich slim; well and truly to`be paid, we bind ourseives,`our heirs, executors, adm1W;irato�s, successors and assigns, join. 'anti severally;"firmly by` these presents. THE ..,. r ' �"'c,WAt'"'z" 'JF TKIS'O' BLIGrTION ARE SUCH, That; Wf:ereas, CO DITIONS the said Principal entered into a certain contract withthe-Obligee, for WHEELCHAIR RAMPS, CC514 and, 'NHEREAS,I the P'r I .contracted o give`the 0!sligee a bond'tn a penalty`of NINETEEN THOUSAND EIGHT HUNDRED 'FORTY—ONE AND 0 2/fd b -($19 , 8 41 '0 2 ) r ''4'-'7 i" .� , :. . ,..,t.;�t.'.�. ... .:i i�;;.1.,, 'xl• ,yr!'rts: e p, a a'nd a roval of therwork.done under said c84eict, cond1itioned ,that the Principal,, would before finaleacce tans make gon 'tact th ;.� PP .141 " ' d and pro a said,Obligae from ..nd against the results of anyfaulty matcriels or workmanship aving been incor1. poritedin any,part yf the work'so contracted for, W"!W shall have appeared and'been discovered,'and 1 + , y"�. , , NO �s.' `,�." :.1, it . �...... - .. ! .\ � . conrerning which the said Principal has been givan notice within one period of 1 year from and after' the completion and acceptance of 'the work done under said contract, ,^ ~i THEREFORE,", if'tfie Princl al shall well and�t�uiicom i• with an writton order m y't prop iKli M. . r , NOW, p p, y y ode b the proper official of 'the saidObligeP and legally served o'%1 the s`ai�d Principal within'ihe period of 1 ;year:; fro m'and after the date H ce".ante of said .,ontract, to ma .. c't't r , of the completon and ac � p` " ka good anti protect the said Obligee against the res`I ts.:of any faulty materiilis to' have been incorporated in' 'a'ny part of'ihe work performed under said contract' whit ' �hfi .t e . com `1e (on ,, h she I have apfeared or aeon discov�.retl within said l ,yyEar period after p " '�of the r work, 'then this ohligation shall be null and void; ntherwisc to remain in full #-circa and a#fect. Signed, sealed and" dated` , .�. this lg day of AUGiTST 0 LEMING ENGINEERING, 7'>' YrJt R,'�f , • / INDUSTfiIA/ ` NDEMN 1i CO 10 Y �. � BY: ` �� vL iII,LIAM R. FPIISpttorneyin'=fact IY 221'(1'/73) a EXECUTED IN ?OUR COONCERPARTS � 1 •;[l i.-'• `FY � '�/e :INDUSTRIAL INDEMNITY COMPANY 255 California Street s San Francisco, California 94120 MAINTENANCE BOND KNOW ALL ME14 BY THESE PRESENTS: That we, RECEIV'E',,' Bond No, YS815--5925 PREMIUM: NIL LEMING ENGINEERINGr INC. as Principal, and INDUSTRIAL INDEMNITY COMPANY, a California cnrporatinn, as Surety, arks field and tirrnly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of NINETEEN TIOUSAND EIGHT HUNDRED FORTY—ONE'AND 02/100 x.,0 DOLLARS ($'191, 841.01) of the United States of Amarica, for which sum, well anad tr y � be paid, we bind ourselves, our lawful monoy ul , to heirs, executors, administrators, successors and assigns, Jointly and sever ly, firmly by these presents. E CONDiTIONS OF THIS 03LIGATION ARE SUCH, That, Wheroas, the said Principal entered into a certain contract with the Obligee,' for WHEELCHAIR RAMPS, GC514 and, WHEREAS'Rihe , Incipal contracted to give''the Obi gee a bond in *a penalty, -of NINETEEN THOUSAND EIGHT HUNDRED F'1RTY-ONE A.11D 02/1010 (�19 841.02) before final acceptance and approval of'the wort:' done under said contract, conditioned that the Princi ahwollld 9 protect'r.9 g � t , Y' Y, , o t ,,•orkmanship'having beeI. n incorporated in a'the said Ohli ee�from anntractedyfor, which shall have appeared and been a sins, the res Its of an fault materiitls'or vu -A 11 y part of the work so co en discovered, and :. co icernfng which'the said Principal has been given notice Within the'period of 1 year from' and after the completion end acceptance of the work done under said contract. ----- p—..--..._.�..........:..,.:, l. „'Y p ; _ . ,.. �. e proper o�ficiul t�rithirn the.uB of ,,dn nyV THE rn#�3RE, if the Princi al shall well end trul,cam I ` with anYwritten order frommade by thand after the date x � N rid, d 1Or Y'. State of CALIFORNIA A county of R I VERS•I DE --,� M' y`"�✓ CfFICIAL SEAL. PAMELA URRY NOTAV PUBLIC RIVERSIDE CO., CAL1F, `. My wrmitsien e: t:lfes 7.22•a3 AUG ) q 1980 on ,,before me, the undersigned, ss. .a Notary Public of said county and state, personally appeared WILLIAM lip 1'RIIS known to me `to be the Attorney -in -Fact of ' INDUSTRIAL INDEMNITY�COMPANY ;; , ; the° CorporattonIhat exec tted the witlin a stitirnrnt; and known to me to be the prr`s�on %vho execiutei� he sai�a inst urncnt on behalf of Elio Corporation" lhcrdn'named, sand acknowledged to me that such Corporation cxecuted the same. I. I t_f Orl ARY 7 Ua-L EXECUTED IN FOUR COUNWERPARTS .INDUSTRIAL USTRIAL INDEMNITY COMPANY 255 d'alffa''r"n"faSt7reet 9 San Francisco, Chi of n a 94120 MAINTENANCE BOND KNOW AL' MEN 13Y THESE PRESENTS: Thatwe, ECEIVE,,, 0 Bond No. M15r"5925 PREmIbM: NIL FLFMI14G ENGINEERING, INS* as Oiincipal, and INDUSTRIAL INDLMNITV 'COMPANY, a California corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH v. t 4.; as Obligee,'In the sum of NINETEEN THOUSAND 'EIGHT HUNDRED FORTY—ONE AND 02/1 0 DOLLARS ($.19,18,41.01) la�w`fu, I money tle'i Unkid'�tates of'Ameiica,i6r which c*h" sum'','we If and truly to be'paid, we bind ourselves, our hi�krs, execu"tbirs, admki'tritors, successors I ccessors and assigns, jointly and 'sovirall y', firmly by these presents. THE'CC TIMStIF T IS OBLIGATION ARE S6�,"'T"hat,'Whereas, the said PYin'.61pal entered into a certain contract . , whh-Ae"`6b'Iigee,' f6r WHEELCHAIR"RAMPS,, CC514 and, ef4rV41pa I contracted to givethe 06ilgle-d' .17, bond Ina pins Ity', �f,, NINETEEN THOUSAND 0 EIGHT HUkbA]�D'F'61RT'Y'—ONE AND 02/j.0*16 '($19j841.02) b ore would a ii Ina acce�i-e d roVal"i,t 'k done -undo '!A c6hteict, con tione that "f nce an Blip 0 war MaKO good and 'pr6tectiNd,561d.Oblii6e-fr4'oi�"i6daiaihitthire6i�ii6t'iny outymit�rliii�'orw'ork�ierish_phavi-ng "i, in any',` part of the work so,contracted d, and bae'h(;incorporated' BAP'6,r6d and been discovered, concerning which the sai rincipal has been gNen noticefrom and after the wi period of year completion and acceptance of the work done under sac contract. LAJIFORNIA. COUNIT of 1.(,,,_Anp ten 4�in order made by tho'orbpqr O'f.'Icihl j cQMRI� with any wr - -I . :.. c�, UN before mt. The undetsijned, a Mola'ry Ptibli Ic in And for &Aid $lilt. persa—uny Ippe3red rose tcnvn 'Vi 10 Md 10 ON IN __j --j-i'dint P rii 9' c a J1511"A "Dum, the to rat to W the persm WTAFIf M*J6tkjAd&IA eAcculid"the wiihih In''ilturnent, on bjh;Ij 4j"Ibi CQ?WstiA thettin nanwd. u4 KLr*witdCjd ORANGE COUNTY to me IW'Such Corporition lituted the ume. my omnkw fv`m Ant. 27. 19M WNISS my hind Ind official 1111. 019hry PAI;e It. Wd 1W MW Itlu. DESIGNATION OF SUBCONTRACTORS .: 111' 1�rny In comIlance w h �'tthc SuGla n artd 8ulico roc �a ractices 1`ct" b`etng 'S�ctiN,44004113 of the ocation of theade'o of fiusitesiiof alifarnlaj tend,ariy"amendr 6ti' hereto ,each bidder shall set for�tf t;eiow th �name.and p r(peform war or labor or�r�:nder service to 'the rime can ach subcontractor who wl� 14 orino-aboutthe ipnstru c i; q of,the work;or improvemigHn,an amount in excess of one-half (''/i) Wine parcent (1%) of the prime -ion iractor's tofal Wand shall-f6hher,set�fonh tho porlran of the work which w0l be done by each suocon- tractor. Only nne subcontrector'foi- each pos bon shall be listed. If the c n rector fails to s arrfy a subconi actor for. any" " oition of the work to`bre`' erio�•med un '''th ``: '4` " `''•• - `�° nderthe cantract,he shall'hd Ae— med'to have aGreed to. elfrir�m'such ` artinri h '��self, and ho shall net be perm,fted to sulicontr"act'tnat` portion of the work except undcr'the condifions'horeinafter set''fotth. SIi61e 1�nr of,subc ntcactiri'"'6f a 3 :" oftian`'of'the' work'to,w ' ` nt ''ct a 1,f g F„�y+ p hlr;h no subcontractor was designated in the original bid • shall only be permitt ed� n rasc� of public emergency or necessity, And then only after aI ding reduced to wrrtmg as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUaCONTRACTOR'S�NAME N r CLASS ANO AObRESS NUR1[3ER i i�7 �; i . * <.. By suGmission n this proposal, the contractor cerfi�fir;s: 1. That fie is'abI to and will rform the balance a b f all work which is cavere'd in the above suhcentracto'rlisting. ,; _ key .•. nishcr ; .,j, ,...t ,. k ..-E:,4.- .. 2. Tha�,the �Cit will be fur .,. d copies of all subs �ntracts entered into and bonds furn shed by sub -contractor for this project. P -ti . PROPOSED" _. INFORMAT116N REdUIRFD OF BIDDERS The bidder is required to sypply the following information. Additional sheets may be attached if necessary. 1. Firm Name: Fl Pmi nQ Fngj1je�rj- ,. jam, ' 2. Address' 13909 Artesia BlVd. Cerritos, Calif. ._ (213) 926.6664 3, Telephone - ---- ' f; .:.. ; Corptiratl on ' 4. Typo of f ir.m -- indi'_,idual, partnorship, or corporation: �•r 5. Corporation organized under the laws of the State of California - 6. Con ractoes License Number: 327629 Classification of Contractor's License A 7. List eases of all members of the firm'or names and `the names and adds �'� >r ,.. titles of all officers of fire corporation: ;., � , t Terry L, ` F1 emi nQ Pres i dent Trea;�s i"rer Jul i a A E] en3i 13q - V-PrPsi dent --- Secreti ry aMmy G--Gress V.- Plidel-t-- Geri. Ngr. 8. Number of years experience as a contractor in construction work: 15 0. List at pcompleted addresssOwner'rojects comp leted'as'of"recent date: (Contract amt.) (Class of workl'(Date Cornpleted)(Nemc and of ) 25,838' - Storm "D'rai n 1979 - Co ty of 'Oi Age' 628 N. Sycamore St. Santa Ana, Cal . 52854731 - SA.oIt Dra n - ' Str` ' 1 2 i `" eet -- 1979' City of Sa to JFe Springs'p.0. BoX' 2120 SFS , ]1..;8'7F Stnrm flrai n Sty° - 1979 N ty of Irvine P. . Box 19575 Iry in .7 . l k-127On ` Uh-walk Al yd .—�rwal k , l•41'e 5 t$ "'fR-9 a, �t sT nr f i4s f S a art a Ana , Santa A n a 1 Stnrm nrain Cra inn 3279 Q lt' ansConstrust�Qn/F'd'co 10. List tli'o name of the parson who inspected the site of the proposed work for your firm: Terry G 11 espi e Date of Inspection April 109 1980 R1IW� ,,�....r.+ti"A5'k,' j• ,t \Iy f `' .. t, .., L":a 11. If requested'by'the City; the bidder shall fdrlhishnot arize financial statement\, financial data, or other information and references sufficiently comprehensive to permit an `nppr�aisal'of his current financial condition. •P-4 ZIP lt'js,ufiJi1jiooda A k il d 't I e app I a -- u Yfa r roiifiiatrz'quihtiti6"itia'�n, IA'ilf�i to proposal s6he'd' Were solely -,-n a Tilia I" h Jr 1�! I d s a "that't e contractores compensa will be cam, P"6"ted upa''n, the basis the;purppsq,,, ng;tli a ca, p of the actual quantit es In t i completed work, whetherlhe-j be more or less than tWhie shown herein at the unit price's bid in the pdoplisal schcdulu, A4; The u, n4i(sioned understands the corfiacm a I mitillo-ttel46rthe contract is 66 Caliihdar days. • SO- rde A e-cid-fliffq'it, the undr-rsl no!,-hereb$,.:ijree osi"'", &I R. ii�vi " 'd h I s t sign said can ract an Onlsh the necessary b'o'nds i�itfijh "' irr.af We �`i '-'id'- U Id d 0 begin work within ton (1'0) days from the date of approval ofifi.i'co,n- ten , lq'da� wa a said contract, -an tract b"y'tb Ciry of HTntington' Beach, Callfbinta. ca[ u h �tl 'the qMplited" t!1'9: plan' d, ecili6ddki�"�Ae The 6'4e isig fie his-'eka mined" I'Alfe of, W k con On sp 0 i��`o"cl jiveevide"' 'tliiilhe'hiddir hii'1W4A14ft2.'d on:bf a"'bidiliall- r c' n u lice p,d,.C'on racf1 . or. T - i " hd I fali � ' 4. �� ered A d"w"f " vi k an d'is' satisfied -O'S'101 lie cdn ItonstO7 Be encountered, 6'characterjq'6aIIty-,-a'n 'scapoo war tobepeifdrmed,�the I . I , -vl, - 61f P Or000sal, plans', specifications, and the contract. quantities of 'imi'erials'to be"fuiriiisliedi, a as*td" ♦* 1WWr4U'irement.s; a ca a t n act. S, c b"O, M is4 k"s . *OW E:,,,IriserttegwortlsroCasal T6fifNd,'Cj#c ,or� !ddars,Bo.jd as'i.he'case may beiin an almo'din't equal to at f+jq", Oh- .4 1 1 1east'll Dpdrc'ent'cf tasAotal fild " able to � poya ird"Chy of' Beach. 1UUF $19 0' ��,21 * 'Ar .. :. A 6�a sccyf a b osal 9 its 9� I .;n JM agrees I I orl dipbs lis i as ara an! i6t'fi,�Ishal a I or e te r nn M a" td`�I'W'Uqijsfliq aced d "d'aln I -, City avl� I _ 9T a vER'B'dir'saffia accp to dWv',��the'Cjf$'y ph �k�unflersig shillftil Vges it vk"r,4-,& , � �W *W W ' 11 iibt forth I 4�0 cl f 1 citio,'"n, s id"ik6cutea.,Conrr��ff�rHoing-!iiid Work and,ta"Orni ent' oln' 'the'form' 'd6Vd edl* M, f Y.4 10 r Ci'VAV 0; r 'a Citiy"Iiit'^N�114 �;arkiNtle"I'fid"die"'i has received written a umiR(j6f th4tlty,With s t6ty satis artary to the W To d �Si i notice'af 06 award 011ie co`ntra`dt'a`ih'e'rwIso said security shall fie'rleittivr`ned to the undefiiiiined. n pr viNm f". 327629 A Lice'llsedin accnr'dan-ce' with an iii`dinj for a contract Lce"nseNa. — .9 P0 4v nW4nto 13f nri i'Tnp <—'----'-Ter-ty"1.cF-erring, /President Signature of Bidder Business Address 13909 Artesia Bl 48. Cerritos, Cal. 9070*1 Place of Residencij 5658 nfi 'me Branch � Dr - 1.7 'Mi r6r'l*a .-Cal Dated this l I h'day of -W-11 80 Bidderilliall slg4iiify'leceipt of all dd ere, if any:Date,Rkeived P-3 Bidder's Signature