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HomeMy WebLinkAboutHedco Development Corporation - 1982-02-01D WHE:N RECORDED MAIL TO: 0 a2-208092 GI TY OF HUNTINGTON BEACH Mice of the City Clerk P. 0. BOX 190 Huntinptun E3e,it:h, Calif. 9260 EXEMPT C12 NOTICE OF COMPLETION GUIDED in Oi{1CIAL AICOtOS Of ORANGE CO(JOR, MINIMA PM JUN 17 '82 LEi; A. BRANCH. Ccunty Record,ir NOTICE IS HERL'BY GIVEN that the contract: heretofore awarded by the City Council of the City of Huntington beach, California to HEDCO DEVELOPMENT CORPORATION,w_ 1785 N. Eastern Avenue, Los Angeles, CA. 90032 who was the company thereon for doing the following work to -wit: the re -roofing of Overmyer Reservoir l,located behind 19001 Huntington Street, Project CC-509, in the City of Iuntington Beach, California. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Reach at a regular meeting thereof held on _ June 7, 1982 That upon said contract the COVENA14T MUTUAL INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of STATE OF CALIFCRNIA ) County of Orange ) ss: City of Huntington Beach ) June , 19 82 . -�lY erk and ex -off i ci o Clerk of the City Council of the City of Huntington Beach, California I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk: and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury; that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 8th day of June 1982 . This document is solely for the official business of the Cit+r of Hiwtinvton Hoach, as contem- plated wider Government Code Sec. 6103 and should be recorded flroe of charge, 26 01 _7 City Clerk ahT &-offirio Clerk - of the City Council of the City of Huntington Beach, California Wob 0 - If 0 CC- 589 COUT. FACT Ti{I^ AGREEHEIIT, made and entered into on the 1st da;; of Eebru.ry 19 82 by and be the CITY of ►IUHIPINGTON B ACi , a municipal corporation, here1naf'tec, referred to as CITY, an(? HEDCO DEVELOPMENT CORPORATION, a California Corporation hereinafter referred to as CONTRACTOR, RECITALS: WHE131-1AS 3 In accovdance with the provisions of Cn1 1forn:,1 I,ahor Code :sec, Lion 1773, the Di rector of the Department of In- custri.•tl Relatic)ns shall determine the general pt-oval.11-ri4; rate of wages applic;ahle to t,,e work covered by the contract; copies of the late:.t f;nneral preval.ling wade d`terminattons are on file in the o17.1 ce of the. City Clerk and made a part hereof . The :;un- p1 ementa ry conditions attached hereto are part of this contract and incor-porated here -in; and r11hu City Counr,i.l of the City of lluntinLrtori Beach, .ounty of* Oranr- c!, 3 tate of California, pursuant to statutes .1r, s:ich cases made ante provided, dilly and regularly caused a notice to be pub- lished calling for bids for labor, material, tools and equipment for the re -roofing of Overmyer Reservoir 1, located behind 19001 Huntington Street, Project CC-589 n said city of ilunt1.n�;tor1 Reach, California, -aid wot•k to be con- struct,: cd accordint, to plans, specifications, and special provision., for same on file :in the ofrice of tht! Director of Public Works and adopted by the City Council of the City of iltrritin;;ton Beach on the 215t day o1' December _ 1981 , 'Infi re fc�rrrr1CO 1.:3 herei)y i ide to such plarin , si c pit' i ��,i t .forts , ,and Special and by -:irc h • refere►ice inc ol,porat-f- i ;1;3 though set out in fu i 1. herein; and ' 110 C i. t;1; C01,11Ie i.l Pt a regular ntee tI lIg thereof !Lnd at I;hu faille ;1nd plric e n.ppoirtt.ed therefor vec-eived tho report of tlie. re:;ul is cat' the h id s nubmitted by the respective biddevs for the r,ansLrrzc Lien and completion of the above --mentioned work, and after, careful cono lderatl.on of all bids submitted to the City Council, ,nvrnrcleci t;lr,: cotttrac:t; t:horefor to the contvactor therein named at thu, prleon. oet Covf;;h Sn his bid, it being the lowest and i;)e t bid 1:3A: il:h ;1/ 21/79 c-1 received by the :;aid City Council, 110143 THl'RF--FOR E,, to considera Ftion of the covenants and reemen is he rein contained , he i ng done and pe rfor;ned by the parties hereto, it is hereby agreed as follows: 1. Gy my signature hereunder as CON'_RACTOR, I certif.,, that I am a'aare of the provisions oi' California Labor Code section 3700 which requI res every employer to be insured against llahility for VrorkerS' coml)ens;iton or to undertake self --insurance in arcovd- ance with the provisions of that code, and i will comply with such provisions he fore commencing; the pevformo nc e or the work of this contract. 2. CONTRACTOR agrees to receive and accept as full com- pens;it.lon for furnishing all materials and for, doing all the wor-1c contemplated and embraced in Miis agreement, tht- unit prices CONTRACTOR submitted in his proposal which was accepted by the City CounclI. it copy of sal.d proposal is attached. hereto and incor- porated herein by rcA erence and made a part hthveof. . CONTRA TOR further ,agrees that said payment by CITY shall include all pay- ments rcr all in;;s or elatnaL;e a►'ising out of the nature of the worn aforesaid, or, From the action of the elements, or from any un- foreseen difficulties or obstructiors which may arise or be en- countered in the prnsec:ut:ion of the wort: until its acceptance by CITY, and for all risks of every description connected with tihe work; also f'oi, all expenses incurred by or in consequence of the suspension or discorir.lnuance of work and for t-rell and faithfully completinf; the work, in(] the. whole thereof, in the manner And zc- cordinf; to the plans and specifications, and the requirement;; of the engineer under th,,,a . 3. C*I'L'Y afrreec -aith said CONTRAC"POR to er;rnlo1/1 and does hevoby employ, the (laid CONTRACTOR to provi,fo the rrtnt orials and to (to the wot-k ar.cord ir)t; t:u the terms and rond:ltton.: herein cont.r).'..ned and ce f e rred to, , for the prices a f ovesal(] , and he-t eby contracts t,) pay talcs same at. the time, In the manner and upoii the conditions set fort;}) 1.rl the ;'pecia.l provisions and the parties [ear them-- ;�'�'�'�':;, their heLrs, executors, lidmIritstrator5, :,)tcc'n:;sors tInd as- ;:lj (to thereby agree to the full per'fot'Inanc e of tho covenants herein containers rot, the contr:cct bid amount of $21,328.00 Twenty One Thousand Three Hundred Twenty Eight and 00 100 which amount: 'is ;,ri?,,�,��:t; to ad j)rctment: upwlr,l or dovolward dependent, uporh cluc'itltity where applicable. 4. it, ' 1')11},llor express Iy ,aj.,veed by and he t1weetl tine pa rL le:, 11t:r'cto th;. t; ..0iould there be an;; r.on t'1 i c t; between the terms n--2 of this instrument and the bid or, proposal of said CONTRACTOR, then this instrument shall control and noticing herein shall be considered as an acceptance of the said terins of said proposal conflicting herewith . 5. Hite Bond. CONTNACTOR further agrees that his pry posal shall be accompanied by a bidder's security in an amount equal. to 10 percent of' nis bid in accordance with California Government Code sections 37931 et seq. 6. Donds . The 'bond or bonds required to be furnished to CITY under th.i.s contract covering CONTRACTOR'S faithful per- for,rnance, the cast of labor and materials expanded, and CONTRACTOR'S one-year warranty must, be furnished to and accepted by CT.TY prior to commencement of any work hereunder. All bonds must be in the amount stated in the special provisions incorporated herein, and In such form as i, acceptable to tiia City Attorney. 7. Warranty. All work perforated in accordance with these plant;, standard ;:specifications, and special provisions In- cluding, but not; limited to, workmanship, installation, fabrica- tions, material and structural, mechanical, or electrical fzclli- ties .,hall be warranted for a period of one year commencing with the filing of the notice of completion and acceptance of the con- tract by CITY unless specific areas are to be warranted lo;;ger as provided in special provisions. Security for such warranty may be provided as part of the faithful performance bond or by a separate bond and shall be in the .full amount of the performance bond. Release of the perf'orrnance bond shall not release the warranty portion of the bored or the separate warranty bond. CONTRACTOR, within ten (10) days :after notif ica+ ion of a defect warranted hereunder, will either make appropriate re- pairs, replace the defective item or items or show reasonable cause as to reason for h1s delay, and refusal or failure to com- ply will cause CITY to file claim against the hond. 8. r,,i].1forn1a Pair Employment I'yact:_fce Act. CONTIA'ACTOR agree to i ti 1 i zu For, emo-oyment pray, tines in uccovdance With ( lice t o1' hate not usod ) c-3 ATT EST : ,nia Labor Code sections 1410 et seq. IN WITNESS 14HEREOPY the I)artles hereto have executed -ntract the day, month and year first above w: i teen. City Clerk The articles covered by this contract mast conform to the c,=t.£e::y Orders of the ,State of Cal:lf'orr.la, Division of Industrial Safety. I certify that I have read the foregoing and will comply. DATED:Fehruary 19, 19851 Hedco Development Corporation CONTRA CTO R C-4 CITY OF HUNTINGTON BEACH, a municipal corporation By_ P4W?,4 Ma yor APPROVED AS TO P ORM: Cit/,f A t t• o r y T,:�, Hedco nevelonment Corpora':ion CONTRACTOR'S Legal Firm Name (Corporation, Partnership, Co -partnership, Joint Venture Individual or / ) By.:- / Y Roberr, Parker, Presidetit Position or Title �Cc'14 Dennis Shewchuk j_Secretary/Treasures Position (it, Title this Subscribed and swornto before rne . day of �—�-� 19 . ... . �;� Korrlo Ann DOMPs }• ti;'t�• r In and for the Count-1 cl tos AI GE- State of Cali!urnra �ar;:.,j•✓ C�i ut: Oct. I'Y Ccr",r�is:�cn lb ADDENDUM itA" TO PUBLIC WORKS C014TRACT THIS ADDENDUM AGREEMENT to that c r-�rtair. agree ie-nr numbered CC-589 �, and dated February 1, 1982 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ca,lifnrnia , therein called "CITY" , and Hedco Development Corporation a California Corporation , therein called Hedco Develowent CorpQr f i nn , is hereby modified and amernde d , effective on the date shown below as fol lows : The parties hereto agree as follows: 1. INDEAMNIFICATION-, DEFENSE, HOLD HA.RMLES:: CONTRACTOR shall de rend , indernnif,y and hold ham :e ss CITY, its officers, agents , and employees , from and against any and all Itability, Judgments, damages, costs, losses:, claim.-., in- cluding lovkers' Compensation claims, and expenses resultlnc- from or connected with CONTRACTOR'S negligence oL- other t;ert- iou s conduct in the performance of this agreement. 2. WORKERS' COMPENSATION: GON'I'FACTull shall comply with all oC the provisions of the Workers' Compe nsat lon Insurance and Safet ;y Acts of the :state of California, the applicable provisions of Divislc 11 and 5 of the State or Federal acts of laws applicable. CONTRACTOR shall. rurnisi, to CITY a certificate of Workers' Compensation insurance. The 1:+silre r shall not ccancel o r modify the policy without thirty (30) days' prior written notice to the CITY. In the alternative, the CONTRACTOR, may show proof of a certificate of consent- to self -insure issued by the Director of Industrial Relations according to Califor- nia Labor Code .Section 3800. 3. INS1 RADICE : CONTRACTOR shall -)btain a policy of comprehensive bodily injury and property damage liability insurance, and maintain such policy in effect Vor the period covered by this agreement, providing coverage: for bodily injure and property damage in the minimum amount of $300,000 combined single limit per occurrence. 'T'he policy shall name, as additional. assured, CITY and its officers and employees, while acting within the scope of their duties, against all claims, suits, or other actions of any nature brought .for or on account or any injuries, damage or loss, including any deaths arising out or or connected with the work of CONTRACTOR under this contract.. CONTRACTOR shall furnish CITY a certi- ficate of instwance front the l.r-t.,uver that the insurer shad not cancel or nnod 'l y t-h(- pol i.cy without thirty (3O) days' prior wr.'.ttr!n not*,Lip(- tr) „111''r. c"MPI'RACTOR snZll. gti re CITY prompt .an..] t, I1no l y rrw- l oo oI' "iny c:latnt mnde or stilt. tnst itut.ed. 11. 1111)FTl;NDfIPP ('ONTRA("PO { : 11, ia, linflow.,3t'ood and agreed that. the CONTRACTOR I , , wid :,),all he, al.l. r. t.rrte , as an independent con- t r;tctt or heroin ind 11111; ,, s -trt eriployee of CITY. COIITRACTOH .,hall secure at its expense, and be responsir le for any and all payment of income tax., social. security, State disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed 'hereunder. 5All forms of insurance offered to the CITY must be approved by the City Attorney prior to commencement of any work by the CONTRACTOR. (REST OF PAGE NOT US"rD) .11,1 ".1"TNES3 1411F."REM? 5 the particS hereto have (,,Kecu'.'ed t ,,,L ts agreement t1i Is J day o f' 198W .11 47 - — 22L '2.f.2e_-11_' —.9 r' ,�,TTY OF HUNTPMTOO BEACHY in ,i mu nicipal unicipal corporation A TT ES)T: 13Y Ma, or City Clerk A.PP1-,.,'1VE-D AS TO F0R','.1: R FV1 E' WED AND APPROVED: City Attorylbby T'~ City Admini'ltrator INITIATED AN-1) A PLPROVED: ........ .......... " C 0 f I T R AC T ('-' R" Iledco Development Corporation Director, Public Works Robert,. Rarkpr,rn Rsidp_nt Tits P fly-, Dennis Sliewch_uk., Sg._cretgq_ry/Trcasurer T1 t I e Subscribed and sworn to before me this ,,,iry Public i' A I ',QL1NTY ELEMENTARY W-10M 0 425: 1 11425 Davis -Bacon Act Regulations TIll.' I(ll1()WI1ll- (I11111\t Ill' I111.'ILltlt'(I 111 .111 c011t1-It t- WhIt Ii ,Ill' -,Illile'( 1 (is tilt' 1),wis-B.ic(ill Act Ilrt)%I.%I n%: (29 C.F.K. § 5.5). I II Alinitimm waRe'.%. 1il All rneehnnirs and Inhnrrrs em• played no working upon the site of the work. or under the tlnilt,el SUiles Ilousing; Act of IeJ.i7 or under the lfuusinl; Act rf 1919 in the! ennslrtirtion or dv%, lnpmenl of i.he projecL, will be paid unconditionally end not less nften lhun nnce it %%vrk, and without subsequent. deductinn or rMitar, on any account (vitet•pt such payroll deductions as are permitted by r(-l;ula- lions issued by the Secrl,lary of labor under the Copeland Act 129 CF'Ii fart 91). the full amounts due at time of payment cnmput.rd at wage rates not less than lho'e contained in the wage deterrninw.ion derision of the Secretary of Labor which is attached herein and trade a part hereof, regardless of any cnnlrnctual relntinnship wl ich may he aflrged to exist. he. t,�een the crntractor and suth laborers and mechanics; and the %vag;e determination decision shall be posted by the con tractor nt the site of the work in a prominent place a here iz can be easily sLrn by the workers f'or the purpose of this clause, cnnlributinns made or costs rea4onnbly anticip6ted under section IIb1121 of the I7avis-lincon Act on behalf of laborers nr mechanics are considered wage% paid to such la- hnrers or mechnnics, subject. to the provisions of 29 C'FR ..5(atll llGO. Also for the purpose of this clause, regular con- tributions tnnde or costs incurred for mnrl, than it weekly perind under pinns, funds, or prrig;rnms, but. covering till, pnrliculnr wr0:1y perind, are deemed to he constructively made or incurred) during; such 'Weekly period. liil The rontrncting; officer shall require that any class of Inlinrers or mechanics. including; apprentices and trainres. which is not limed in the wage de:terminutinn and which Is to be employed under the cnnlrncL, shall he classified or reclossi• fied conformably to the wage determination and a report of the action Lriken shall be sent by the Federal agency to the Secrelaryof Labor. In the event theinterested parties cannot agree on the proper classification or reclassification of a par• ticular class of laborers rind mechanics, including, apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting, officer shall he referred to the Secretary for final determination. liiil The contracting; officer shall require, %lienevl,r the minimum wage rate prescribed in the contract for a cluss of laborers or mechanics includes a frirg;e benefit which is not ex• pressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hnurly cash equivalent thereof to he established. In the event the inLerested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recom• mendation of the cnntrrcting; officer, shall be referred Lo the Secretary of Labor for determination. (iv) 1 f lie contractor does not make payments to a trustee or other third person, lie may consider as part of the wages of any Inbnrer or mechanic the amount of any costs reasnnnlily anticipated in providing benefits under a plan or program of it type expressly listed in the wrrg o determination decision of the Secretary of Labor which is a port of this rontrncl: Prrinirfrd, hno-ri-er. The See•.retnrr• of Labor has found. upon the written requestof till, contrartor, that the applicable standards of the I hivis•13acnn All have heem mer., The Secretnry of I.nhor troy irgidre the contractor to set. Aside in a separate r.ccount assets for the meeting; of obligations under the plan or program. 121 Withholding The Iwrile in name r,f Frdcinl t,gviicyl mn► witlihnld or rause to he withheld front the conlrartnr soi much of the accrued payments or advanrvs as may be con• sider i-d necessrry to pay labnrl,rs and mr-chanics, including: npprcntiees and lrriinees, vniployed by Iliv contractor nr any suhronlractor on the work thr full amount of waves i-quired Icy the contract. In the evl,nt of failure to pay any Inboret or mechanic, including; any apprvnlire or trainee. employed fir working; nn the silt of till, wt rk or under the United Slates ilousing; Act of 1937 or under the Ilousing; Act of 19.19 in the eon%truction or development of the project, all or part of the wagm required by the contract. the IAg;rnryi may, after wrilLcnnoticrtothecontractor• sponsor, applicant, nrnwner. tr' c such action as may lie necessary to cause. the %usl►.:naian of any further payment. advance. or g,•varantee of funds until such violations have rcased 131 Payrollr. and ba.%ir rccords. lit Pavrollc and basic it-(-. orris relating thereLu will be maintained during the rnurse of the work ;:nd preserved for a perind of thrve sears Ihereaftcr fnr all Inborers and mechanics working at the site of the work. or under the United States llnusing; Act. of 1937, or under the i Inusing; Act of 1,949, in the enn%Lructinn or development of the project. Such rernrd% will rontain the mile and address of each surh rinpinytv, his c(irrect. classification, rates of pay lincluding; rates of contributions or cnsts anticipated of the tyliec described in section lih)(21 of the I)at'is•ilacon Actl. daily and weekly numbrr of hour% worked. dvductinn% made ,and actual wages paid. Whvnevcr the Strro•lnry of t.nhnr has found under'19 CM 5.5011 I Itiv) that the i4a1.•rs of any laborer or murhanic include Lhr amount of any coil% reastinably un• ticipAted in providing; hcnefits under n plan or program described in section 11b)1211f31 of the Davis-llacon Art, the contractor shall maintain records which show that the commitment In provide surh heriefits is enlnrceable. Lhat thir planar program is financially responsible. rind that the plan or progrnm has been communicated in writing; to the laborers or mechanics affected, and records which show the costs unt.iciputed or the actual cost incurred in providing such bene- fits. Iiil The rnntractor will submit weekly a copy of all poly• rolls to the City of Huntington Beach if the agency is a part.)' to till, contract. but if the ngl,ncy is not s,ich a party the contractor v. ill submit the, pnyrolls to the appNcarlL, sponsor, or owner, nr- Lhe ease may lie. for trans. mission Lo the C i ty of H . B . ' The ropy shall he ar- cornpanied by a slatemenl signpu by the employer or his agent indiratnlg; that the pa%,rnllc are correct and rnrnplete, that the wage rates crnllained therein are no! !v%% than lhnse determined by theSe.retary rif Labor and thnt the cln-'sifica. Linn% set forth for each laborer or mechnnir cnnfnrrn with the work he perlormed. A suhinissi•in of a "Weekly Statement of Compliance" which is rriguiref under this contract and the Cnlieland regulations of the Secretary of I.abnr 129 CNIt. tart :II rind the filing; with the Initial payroll nr nny suhaeriuent payroll of a copy of any findings by the Secretnry of Labor under 29 CFR 5 51a11111iv1 shall sati%fy thi% requirerncnt. The prime crintrnctor shall be responsible for the submission of ropies of payrnlls of all suhcnntrarturs. The contractor will make the records required under the labor standards clauses nRevenue Sharing Advisory Scrvice Jul), 1977 Revenue Sharing Handbook — Second Edition ' Suppl ujilental-y col*t i olis Page 2, 0 42b: 2 of the runlrnrl available for iii%pectrun by nuthnrirrd repre• "enl ativr" o f 1111. n nd the I )eliart mrnl of I.almr. and will permit surh rpprw., total ives to interview employees rlurirtg working hour+ tin the• jog. Cnn• Irnctors employing apprentices cir trninrry untlrr approved programs shall include a ntlutinn on the first weekly rrrtified payrolls suhmiLtH to the conlract.inp agencies that their employment is pursuant to an tnproved program and stroll identify the prng;rant. (41 Apprenrires and trainrvs — lit Apprrrtrires. Appren• tices will he permitted Let work tit less than the predetermined We fnr the -Anrk they performed when they are cniployvd and individually rtJg,-istvred in a hona fide apprenticeship program registered with the. U.S. Department of Labor, F.rrtployment and Training Administration, Bureau of Apprenticeship and Training• or with a State Apprenticeship AF, v.ey recog,►nized by the Bureau, or ii a person is employed in his first 90 days of probationary employment as an apprentice in such an appren• ticeship program, who is tint individually registered in the program, but who has been certified by the Bureau of Appren• ticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employ• men) as an apprentice. 'rhe allowable ratio of apprentice-9 to Journeymen in any craft classification shall not be ry-:,ater than the ratio permitted to the contractor as to his entit.- work force under the rerimrred program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as de• fined in subdivision (ii) of this subparagraph or is not regis• toured ar otherwise employed as stated atxrve, shall be paid the wage rate determined by the Secretary of Labor for the cdnssi• fication cif work he actually performed. The contractor or sub• contractor will be required to lurnish w the contracting officer or a representative of the Wage-11(mr Division of the U.S. Ltepartment of Labor written evidence of the registration of his program and aparuntices as well as the appropriate ratios and wage rates (expressed in pe-centages of the joumeyman hourly rates), for the area of cumitruction prior to using my apprentices on the contrac. werk. The wage rate paid appren• tices shall be not less than the appropriate percentage of the journeyman's rate contained it: the a► pliceble wage deter. urination. (d) Trainers. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they me rtnpinyed pursuant to and individua'ly registered in a prog:rarn which has received prior approval, evidenced by f,tnnal rertifiration, by the U.S. Department of Labnr. Fmploymmit anti Training AdministrnLion, Bureau of Apprenticeahip and Training;. The ratio of trainees to journeymen shall not be greater than permitted undc-r the plan approved by the Bureau of Appren• ticeship and Training;. Every trainee must be paid at not less than the rat^ specified in the approved oregram for his live) of progress. Any empinyve listed nn the payroll at a trainee rate who io tint, registered and participating; in a training; pion ap• proved by the Bureau of Apprenticeship and Training shall be paid tint less than the wage rate determined by the Secretary of Labor inr the classificatinn of work he actually performed. The contractor nr 4ubcontractor will be required to furnish the contracting officer or a represp.ntntive of the Wngt!-Hour Divi. lion of the U.S. Department of Lubur written evicivncr, of the certification of iris program, the registration of the trainees, and the rat ins and wage rates prescribed in t hat program. In the event the Burenu of Apprenticeship and Treining; with• craws approval of a training prograrn, the contractor will no longer he prrntittod to utrlim- trams-ei tit less than flit, rippli- cnhle pwiletemmtied rate for the mark performed until an ac• eeptuble prol;ram is approved. (iii) Equal roll phl)-mr'nt upporrlrnity The ut,httotilm Ill alp prenlicv%. trninvv% and journeymen unth-r this pr.rt Shall lot, in ctmfnrmity v.ith lhi- ritual entgtloynuvnt 011porlumt►' requirt- mmrits of FAer•utive Order 11246. as nniendcd• and 29 C[At Pat[ ;10. 151 C.•rimplianrr with Ctiprlttnd l egOntinns I219 CFP i1arl ,71. 't'11v contractnr shall comply with lhr, UnpOnnr.' Ileg;uln. [inns (29 CFK fart 31 of the Secretan' of labor which are herein ir,corpnrated by reference iG) Suhrantrurr.c. The cnrttractnr Mall tncert in are r soh contracts the clause, contained in 29 tilt .'i.5lnil1) thrtnlrrh (5) and (7) and such other clauses as the (write in the r.nme l,f federal agency) may by appropriate instructions require, and also a clause requiring; the suhrontrarinrs to include tht,!-,� clauses in any lower tier sulrcnritrarts which tht.�' may cno-r into, together with a clause requiring; this insertion in any further milwontrac►s that may in turn he rn.-t& 171 C or.trart tcr►ni►latian; rlcharmr►rt. A breach of clause. i1) through IGI may he grounds fnr trrminntinrt of the c(,n tract, and for deliarrnert as provided in 29 CFI1 5.6. 129 C.F.R. § 5.51a) I Additional provisions which must he in- cluded are: (11 Oocrlirnr requirements. No contractor ur suhcontrac• tar ccrtracting: for any part of the contract work which may require or involve the employment of lohorers nr meehanict shall require nr permit any laborer nr mechanic in any workweek in which ha is employed an such work to work in excess of eight hours in orty calendar diiv or in excess of f(jrt} hours it,, such workweek tmless such laborer or mtrhanif receives compensation at a rate not less than onp and or,e-lutlf timpE his basic rate of pay for all hours worked in excess of eight hours in Itny calendar day nr in excess of forty hours in such workweek, as the case ma)• bc. (2) Violation: liability for unpaid uoees: liyuidaird clam• ages. in the event of any vnlation of the clause set forth in subparagraph (11, the contractor and any subcontrartrr respnnsihl,? then e.or shall he liable to any aflected empinycr fnr his unpaid wags. In addition, such contractor and sub- contractor shall he liable In the Unitcd States lin the case of work done under contract for the District of Columbin nr a ter• ritnry, to such District nr t,6 such torritnry'), for liquidated damages. Such liquiduted damages shall be wmputed with re. spw..t Lu each individual laborer or mechanic employed in vinin- Lion of the clause set forth in subparagraph (I1. in the sum (if S10 for each calendar day on which such employee was rt'• quired or perry tteri to work in excess of eight hnur• or in et- cess of the standard workweek of forty hours without payment of flit, cvertirn? wages required by the c1miso set forth to sub. paragraph (1). 13) 14'rthhnl(li►,g for unpaid wagrt and liquidated da"t- ngrc, The C l t )' of H . B . mr+y w it h• hold nr rouse to be withheld. from am' mnrwys pnyuttrr tin etc count of wnrk 1wrfornted by the cant •actor or subcnntractor. such Sums as may nciministraLively be determined to he neces• story to satisfy any liabilities of such rnnLractnr or subcont rar• trir fnr unpaid wages and liquidsled damages as provided in the clause set forth in subparagraph (2). ORevonue Sharing Advisory Service July 1977 Revenue Sharing Handbook -- Sucond Etldlun In the rve A 11f,r Cr•P I•it ln•'a nl'1.16Y PI1Wntf •�••r11' nr•.`•il• r.•f'•••.. I, .01 1 I.., •.• ..'i II I. 1 L�.I ,.� I .�1 r.IL uny of Ike anld 1.11`%. IrKW1„llOna, 011 er..rl►, 11,1,• L. i •I,.• I ,..ray Ile t"At CIO I, It;,. ......0"1, Ir 11.•1Orf14111 ,. ri, •1. nr in part and Ihr (:,/niedclor mIy be d•.claied Inelll,bllr bo lutlhtl Kuvrinr "Oil rn..11..1Is. of Irurful11 v•f,.klI eonailucIion eoe+lIVcIa In aCCOfJanc. With riaeedun•1 uuti,oitaed In Eat culne Calder I Or of Sri-Irnthe1 /A, IKS, and such oth;► ssnetfons mey be Imposed and ItmeJlta invaitd st pinwide,l In Lieeutiva 010cf I lab of Septemki 14, 1415S, at by rule, 1 6%11t111m, or aids# of the Svcielary of Lsbof, or at otheewlse pfovided by ISM. The conimcior willentlude the portion of the atnience immediately prcccd.ng paiayra,h A ind the pro- visions of riorsLiepM A Ihtough G in every aubeonllect of patchnse order unlces ciempicd by rules, reCula• lima. of orders of the Secretary of tabor Issued pirsu:nl to section IM of Fal•cutive Order llleb of Seplcmbef le, 1965. so that such piovisl o will be bindin,l upon each aut,coniractor or vcndof. The Con. Ifo:let will lake such action with respet't to any subcontract of purchase ofd;r at the federal itou:lnt CoTmissimei may, direct as a means of enforeint such plovlslons. IneludIML sanet,oa.ti lot nolleoropliInet.. Plovlde,l,ho«ever, that in the event the Contractor L.ecoinos Involved In, of Is thientene•J •lih, 11119alr0n 'Ilk a subcontrselot or vendor as a M%%IIl of such direction by the Ftl elal llrwsrnp. Cromwissivner, the Ccnrraelot may iequesl the Unlled States to enter Into such Illigalic,n to o#olect the Interests of the United Steles, KU.S. GOVERNMENTealnylfr0 or Fir.[. 11I2 Iwltarslur N, The Contractor will not discriminate against any cnlployee or applicant for employment because of sex. ` In nrr,ordarlce with the provisions of Seetioli 3700 of the .State Labor Code, every contractor will be required to secure the payment of compensation to this employee. The handicapped will be included in the provis:Ions of the Davis/Bacon Act.. The Department of InCustrial Relations requires .'.-:at all aliens used on any project must carry an alien work. card which will be shown to the Inspector on the project. I. HIRING LOCAL QUALIrICD .MI:N0R0_''Y 1ANDIVIDUALS The contract shall comply with Section 111, 1968 Hous: n:-; arlc: Coniminity Devvlopmi,nt Block Grant., Section 20- tmcnced: the eon:.ractor shall attempt to hire local qualified rnii.or i.tv individuals when job opportunities occur, and utilize ' Ica.. bu8iness firms when possible. The contractor- shall document his efforts to corntvly I::i th Section III arid transmit his doucmentation to the: Enuirnr:.,t-r during the course of construction and submit a report at the completion of: the jots. BID PROPOSAL FRDM gCbeQ bEYEIL ff tl ENY 'gyp R�• Firm. f 1me To tho Hononbla Mayor and City Council, City of tiuntirpton Basch, California: In compliance with the notice inviting sealed proposals for the Re -roofing of Overmyer Reservoir 1, located behind 19001 Huntington Street in the City of Huntington Beach. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the rnmeriais therefore acoording to the plans, specifications and special provisions for the said work and to the atisftction ut and under the supervision of the Director of Public Works of said City of Huntington Bach, California. The undersigned has not accepted any bid ham I•ny su+bcorrtractor or nrterialman through any bid depository, ;he by-laws, rules or regulations of which prohibit or prm the contractor from considering any bid from any subcontractor or meterivirnan which is not processed through sa; r bid depository, or which prevent any subcontractor or IAterialrrsan hum bidding to any contractor who does not sue the facilities of or atrept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in piece in strict conformity with the plans, specifications; and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree !o take full paynwnt therefore at the following unit price:, to wit: ITEM APPROXIMATE ITEM WITII UNIT PRICE UNIT T07AL No. QUANTITY WRITTEN !N WORDS PRICE 1. Lurnp Sum Remove all existing built—up roofing down to concrete roof and caul away. 11 J2 SQ. . 2. Lump Sum Clean and prime concrete roof. 1.59 3. Lump Sum Lay 25# fiberglass base sheet strip to r--of 1--ply. Z" mopped concrete 4. Lump Sum S. GZ Lay ll# fiberglaar ply sheet solid mopped to base sheet 2--plies. �` L S. 716 ± L.F.Furnish and install new metal on all .7o perimeters. C� • IT9M NO. AIMRMOMT5 aJAM11TY ITEM WITH UNIT PP= MRITTiN IN INOA1a UMT PRI A TOTAL 6. 260 + L.F. Furnish and install metal expansion joint down center of the roof. Le Fa �+¢I 7. Lump Sum Embed crushed rock in a flood coat of hot asphalt. I'. q1- 5� • monal, 8. Lump Sum Seal around all pipes and vents. 9. Lump Sum Clean up. 420t'-Dl It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's con.pensation will be computed upon the basis of the actual quantities in the completed -aork, whethor they be more or less thin than shown harain it the unit prices bid in the propoal schedule. The undersigned unde Lands the contract time limit allotted for the contract is 60 calendar days. If awarded the contract, the undersigned hereby again to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work Mthin tan (10) days from the slate of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the VIdder has investigated and is satisfied as to the cond;tions to be encountered, as to the characteo', quality, and scope of work ro be performed, the quantities of nasterials to be furnished, and as to the requiremairts of the proposal, plans, specifications, and the contract. Accompanying this proposal is 151 b So Mb (s f D'/a ). NOTICF: Insert the words "Cash," "Certified Check," at "Bidder's Bond," as thecase may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beech. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Such as liquidated damages in can this proposal is acceptsd by the City and the undersigned shall fail to execute a contract for doing aid work and to furnish good and sufficient bonds -n the form at forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise aid security shall be returned to the undersigned. via Licensed in accordance Nvith an act providing for the registration of contract License No. �� M 1 . WEbea.wyf 1t_P Me"T Lot Business address 179S' N ELSTEQ,kl 6 -i\, eA 'lace of Residence Dated this SPO day of 33 A N , 19. ._ Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received P-3 90009 Bidder's Signature eggPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following Information. Additional sheets may be attached If necessary. 1. Firm Name:. Lc&eo MvF 469P. 2. Address: _ •.62EEQf4 _A -A- �A• 1qP01I 3. TelephonP 4. Type of firm — individual, partnership, or corporation: 5, Corporation organized under the laws of the State of & Contractor's License Number: 3115 41 pessification of Contractor's License 7. List the narnes and addresses of all members of the firm or names and titles of all officers of the corporation: IT 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent data: (Cantr3et amt.) (Class of work) (Date Completed) (Name and address of Owner) 0� of Kowrcs 5tt-D — en mht,& o paw -ice gtis nif lit Pecofwava Q t0 4r 0f � _ 14� 9 W\S01<acb E.., A. 69Mc=9 a N.A. S. 1-f motet &A - 374 %12 GC a s A.�► u w p f �.►+. �•�. d t f'i'� G� l 2 A Gp 10. List the name of the person who inspected the site of the proposed work for your firm: N IJ & Lhof.F Date of Inspection 1.0~ 14C 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. •P- 4 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting fair Practices Act" bring Sections 4100.4113 of the Guvernment Code of the State of California, and any amendments thereto, each bidder !ihall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con• tractor in or abrat the constructional the work or improvement in an amount in excess of one-half ('h) of one percent 0%) of the prime contractor's total Lid, and shell further set forth the portion of the work which will be done by each subcon• tractor. Only one subcontractor for each portion shell be listed. If the cantroctor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall he deEmed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shell only he Permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF wOnK SUBCONTRACTOR'S NAME AND ADDRESS By submission of this proposal, the contrActor certifies: STATE LICENSE NUMBER CLASS I. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. P —5 1 COVENANT MUTUAL MUI2ANCE COMPANY group Bond No. J 1 '667 Initi_I premllrm Charged for this bond is CONTRACT BOND -- CALIFORNIA 192.00 subject to FAITHFUL PERFORMANCE -- PUBLIC WORK adjustment upon completi nn oTcontract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That Heck-r, ny ripment (aparation of East4-m-kvort as Principal, and the COVENANT MUTUAI. INSURANCE COA4PANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business ;n the State of California, ns Surety, are held and firstly bound unto City of Huntington Beach 2000 hiai nn Street _ Jun:CJ ngtonBB�arh , GA 92648 _ in the sum of _fin y_one thaPsand -thlrpe hundred twenty eight & no�10O�--^ — --- -- - --_ - - -- - - - -- Dollars ($ 21,32$�.0 ), for the payment whereof, well and truly to be inade, said _'rinciral and Surety bind themselves, their Itcjri, administrators, successors and assigns, jointly and severally, firrttly by these presents. THE CONDITION OF THE-OREGOING OBLIt;AT10N I.S SUCH, That WIERI.,AS, the above bounden Principal has entered into a Contact, clatecl_ ;;ry l st , 19-82 , with thi: to do and perform the following Work, to.%Nit: Re -roofing of Overmyer Reservoit 1, located behind 19001 Huntington Street, Project CC-589, in the City of State of California l County of Los Angeles I ss. On this 16th day of February 19 2, before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attornoy(s)-in-Fact of Covenant Mutual Insurance Company, tho Corporation described in and which executed the foregoing instrument; than he Nnow(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was se affixed 49Cgrted to him in accordance with the By -Laws of th© said Corporation, and that he signed his name th�ef>D-by like outitorat`y:".,�' ,aft • / Ali (Notary Public r >t.. 0 C7 COVEN.NT MUTUAL INSURANCE COMPANY grtwp CONTRACT BOND --- CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC W013K Bond No. 013667 Initial premium charyad for this bond is -$]M_LQ0_ subject to adjustment upnn completion contract at ap,311cabla re to on final contract price. KNOiV ALL MEN BY TI SE PRL'SF,N7:S, 'Chat _ Nndcp i PyP1 r,PMmt-Lor�tj on Of _L—N,--E4S r44-1 ven ngeIes ,_-C!L 10.32.— _--•- - _ as Principal, and the COVENANT MUTUAL IN'�URANCE COMPANY, a corporation organized an(, existing under Cite laws of the State of Connecticut and authorized to transact surety business in the Stat• of .;alifornia, as Surety, arc held and firmly Lound unto City of BunLin tgton Beach _ 2000 f4a i n Street _ 111,IL_tinclton Beach,_ CA`9'92648 in the suns cuf ., en:0L-fine thassalll��11r��11112�C�si..�Y18Clty�f1 �j�1t _�!J1�l�.n__---_ - --- - - _ -__ -_ -- -- __ - ------------- Dollars (c ! M. QO _ ), for the payooent whereof, well and truly to he made, said Principal and Surety bind themselves, their heirs, administrators, successors and assig ns, jointly and se'verally, firmly by these presenis. TILE CONDITION GF THE FORT GWNG 061,IGATION iS SUCH, That WHEREAS, the above-howiden Principal leas entered into a Contract, datcd___PhrUary_1_S- , 1'? , with the `C.i.ty-o�_.Hunting-tnr>,IieaLli to do and pe:fornit the following a:ork, to-«•,c: Ile-rooflnn of Ovennycar Reservoir 1 , located behind 19001 Huntington Street, Project CC-589, in the City of Huntington Beach NOW, T11F.REF0Rh', if the abev:•bounden Principal siiali faithfully perform all the provisions of said ('ontract, then this obligation shall pie void; otherwise to remain in full lotce and effe%t. Sign..d and sealed this 16±h daY of . ehr-uar-v-, l9_$2_. ( Principal /1 Dennis het 1, uk. _Secre c� z`v rq�3surer / r / pr.NY C(�V17 �1NT (I U-) _� '*L4NSURANC� CONIPANY COVE"^7AN r '_11 UAL it,!5LJ^ANCE COM C: f) .r-.,r (_0P ST F I)FT1 GCNEi7 Al AGENT= r . INC. 14 1 -Z. t_AF! E A�'Cr:UC SUIT£ f G.- 1 l O Qj FASAo[NA. cAttFoRMA V 1101 Arthur J, nt Jr, At�crney-in-fact a I COVE NT MUTUAL INSURANCE COMPA lf Hartford, Connecticut POWER OF A7TORNEY KNOW ALL MEN BY THESE PRESENTS: That COVEN ANTMUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clement, Jr. its true and lawful Attornryfsl-in.Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizunces, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakirgs, recunni�3nces, consents of surety or other written obligations in the nature thereof in an unlimited amount, and tobindCOVENANT N1UTUAL INSURANCE CONSPANY theraby, and all of the acts of said Attorney(s)•in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by au,hovity of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all cf the officers as it may in its discretion determine including, witheut limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause nr authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizanca, general or special power of attorney, certification, attestation, or other instru- merst, all with or without the "al of too corporation, but if under soil to evidence ,uch seal by physical im- prNssion or by facsimile or by any oth(!r appropriate method. This povier cf attorney is :•igned and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance. consent of surety or written obligation in the nature thereof shall be valid and binding upon the Con.peny when signed by the President or any St nior Vice President or `lice Preside.t and duly attested and soaked, if a seal is r^gquirrd, by any Secretary or Assistant Secretary or whun signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attornoy-in-fact or agent; and any such bind, undertaking, recognizance., ronsentof surety or written obligatl•.)n in the nature thereof shall be valid and binding upon the Company, when dily executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and v.ithin the limits of the authority granted by his or their power or powers of arorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of ttarney or spacial power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written ohligation in the nature there- of: such signature and ;sal, whan so used teing hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed. IN NITNESS WHCRECF, COVENANT MUTUAL INSURANCE CO&`IPAhIY has caused these presents to be signed by its proper officer and its corporate seal ;o be hereunto affixed this 22nd day of March, 1973. Attest: i erli5,w Z JAssisra.it Secretary S T A T E OF CONN ECTICUT ss: COUNTY OF HARTFORD COVErIANIT MUTUAL INSURANCE COMPANY Y. f AA Vice Presid t _7 On this 12nd day of Ylarch in the year 1973 before rre personally came Francs W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose arid say; that they reside in the State of Connecticut: that they are: respectively Vice President and Assistant Secretary of COVENANTMUTUAL INSU RANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to ,id instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signet: their names thereto by like authority. ............. l t' O i A Notary Public. w : •.• • ; n , ` `sty commission expires March 31. 1978 CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COh1PAh• - .-ertify that the foregoing power of attorney, the above quoted provisions of Section 12 of :he by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now, in full force and effect. Signed end sealed at Hartford, Connecticut, this 16th day of February 19 82. Assistant Secretary grasp COVENANT MUTUAL INSURANCE COMPANY Bond No. C3[3Sil CONTRACT BOND -- CALIFORNIA PAYMENT BOND I NOW ALL A1/7!✓iJY THESE PRESENTS, Tltat wc, Hedco Development Corporation 1785 N Eastern Avenue, Los Ancieles, CA 90032 and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto .!. City 4.f Huntington Beach as Obligee, in the sum of______M�len_+.fin? thousand three hundrd twenty eight & no/100----------- --- -- -- - - - --- --- Dollars($ 21.326.00 _), for the payment whereof, well and truly to be made, said Principal and Surety hind themselves, tlieir heirs, administrators, successors and assigfls, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATIOPI IS SUCH, That WHERE:t,S, the above•bourrden Principal has entered into a contract, dated 1st _____day of February 19 82, with the Obligee to do and perform the following work, to -wit: Re -roofing of Overmyer Reservoir 1, located behind 19001 Huntington Street, Project CC-589, in the City of Huntington Beach NOW, THF.REFORT, if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unernployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted. withheld and paid over to tale Franchise Tax Board from the wages of employees of the Principal or his sub -contractors pursuant to Section 18806 of the Revenue and 'faxation Code, with respect to such wo►k and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to he fixed by flip. rcuurt State of California County of Los Angeles ss. On this 16th day of February , 19 82, before me personally came Arthur J. Clement, Jr. to me known, who being by me duly swo n, did depose and say: that he is Attorney (s)-in•Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrumont; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granIt•d to him in accordance with the By -Laws of the said Corpocatio:i, and that he signed his name thhm ta�h�! clika.autborrity —Y. 710 FO:u-i : ; ai 1' r rou. (Notary Public) �.,..�. wow •",�i"� :: ✓:� : � :::":: •%•�'•`'�'`..`r 1 ! i' .. ' 1 t - � �� � i- � � •.... � . AZ � .1% COVENANT MUTUAL .INSURANCE COMPANY Bond No. _BPL5II CONTRACT BOND -- CALIFORNIA PAYMENT BOND KNOW,,t Lt. MEN BY THESE PRESENTS, That we, Hedco Development Corporation 1785 N Eastern AyenkeI._ I.os Angeles, CA 90032 and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Connecticut .and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto. City of Huntinatoll Beacll , as Obligee, in the iur1tof_ellt`y._onr3 .thausand three hundred t�,uenty-eiyht-A—Li 100- - ------ - _ _ -- -- _�_ Dollars (5.]8.00 ), for tl;e payment whereof, well and truly to be made, said Principa! and Surety bind themselves, their heirs, administrators. successors arid assigns, jointly and severally, firmly by these presents. THE CONDITION OF TI/!i FOREGOING OBLIGATION IS .SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated_ 1st __. day of February 19 $2 with ilia Obligee to do and perform the following work-, to -wit: Re -roofing of Overmyer Reservoir 1, located behind 19001 Huntington .Street, "roject CC-589, in the City of Huntington Beach N0M THEREFORE. if the above -bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of C;,lifornia, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be tied ucted, withheld and paid over to the Franchise Tax Board from the wares of employees of the Principal or his sub -contractors pursuant to Section 18806 of the Revenue and "taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this band, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit ofany and all persons, companies or corporations entitled to file claims under Section 3181 of the civil Code of the State of California, so as to give it right of action to thertt or their assigns in any suit brought upon this bond. Signed, scaled and dated this-_ 16tjj __ _ day of February , 19 _BL �Hedro Onvelopme t C rR ro ati o� Principal No prentitrtn is charged for this bend. It is executed in connection with a bond for the performance of the contract. is Shewchuk. Secretary/Treasurer UTUAL INSURANC C IMPANY Arthur a-.'CliMent Jr. ----* tfrr ey-in-Fact COVENANT rAUTUAL INSURArIC pANY C/O SOUTH COACT SuRr_ Gcf1EHAL G[NCY. INC. 1 4 1 S. LAKC AVENUE SUITt: No.-1 10 PASADENA. CALIFORNIA 9 1 101 r , F COV NT MUTUAL INSURANCE COMPA IR Hartford, Connecticut POWER OF ATTORNEY KNOW ALL. MEN BY THESE PRESENTS. ThatCOVENANT MUTUAL INSURANCE COMPANI', a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur I Clement, Jr. its true and lawful Attorney (s)•in-Fact, with full pu%ver and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal o; the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other ;;• ilea obligations in the nature thereof in an unlimited amount. and to bindCOVENANTMUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneyfsl•in•Fact, pursuant to these presents, are hereby ratified and confirmed. This appohament is made under and by authority of the following provi::ons of section 12 of the by-laws of the Company, which are now in full fore-- and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, ,attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence+ such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held an March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or writtrm obligation in the nature thereofr.hall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a foal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersioned and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent; and any such bond, undrrtaking, recognizance, cnnsent of surety or written obligation in the nature thereof :hall be valid and binding upon the Company when duly rxecuted and sealed, if a seal is raquired, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorrn;y. FURTHER RESOLVED: That the signature of any officer authorized by the by-ljws and the Compary seal may be affixed by facsimile to any power of attorney or special power f attorney or certification of either given for the execution of any bond, undnrtaking, recognizance or other written obligation in the nature there- of: such signature and seal, when so used being herebv adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon thu Company vjith the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL_ INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. COVENANT MUTUAL INSURANCE COMPANY IIy 1 i vice Pres WOE - Attest: Assistant Secretary STATE OF CONNECTICUT is: COUNTY OF HARTFORD On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and <_ay; that they reside in the State of Connecticut: that they are respectively Vicc President and Assistant Secretary of COVENANT 14UTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; tnat the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office undo, the bylaws of said corporation, and that they signed their names thereto by like authority, clo t a:'0 o TA I. D, Notary Puouc i +•- :n) My commission expires `larch 31, 1978 CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE C01':IPANY certify that the foregoing power of anorney, the above -quoted provis.ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effe•:t. Signed and sealed at Hartford. Connecticut, this 16th day of February 19 82 Assisuinc Secreta DFI FC7 I VE MATI'RTAI,S , WORKMANSHIP AND EQUIPMENT BOND KNOW ALL MEN BY THESE PRES1:NTS: That we, Hedco Development Corporation Bond No: 013667 Prem. Amt:$50.00 as Principal, and Covenant Mutual Insurance Company --, --•--•---- - a corporation ortjanlzed rind cox sL.1 y under `he ,iwn o t le State of Connecticut , and authorized to do a general surety business in the as Surety, are held and firmly bound unto the City of Iluntingi:on Leach _ (hareinafter ___r._.__� callers (7�nerj, a muncipal corporation o the State of California, in the just and full sum of �,L�_nty npe �1$aad,hree hundred tt iltY eclat : _ ____ Dollars ($ �,3 09 ) ; law i money of t d United States 6? America, for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, aclnri.nistratars , successors and assigns, jointly and severally, firmly by thean presents. The condition of this obligation is .uch that, whereas the said Principal entered into a certain contract with the obligee, c.l:_Ited on or about _ February I, 1982 for the following: Re -roofing of Overmyer Reservoir 1, located behing 19001 Huntington Street, Project CC-589, in tl,e City of Huntington Beach & no/100--- ,cnd, 'whereas, the Principal contracted to give the obligee a surety bond in the sum of Twenty one thousand three hundred twenty eiqht & no/100---- ______________________Or�l�'��� ,�21 ,32$.00 ) , conditio i '� that tiie Princ apl wot make yood and protecsaid obligee against the results of materials, equipment or workmanship which are inferior, defective or not in accordance wit-h Lhe terms of said contract having been used or i.1corporated in any hart of the work s,) contracted for, which shall have ippeared or been discovered, within the period of one (l) year from and after the completion and final acceptance of the work done under said contract. State of California County of Los Angeles ss' g f On this 16th day of February Iq 82 before me personally came Arthur J. Clement, Jr. to me known, who being by rno duly sworn, did deposo and say: that he is Attorneys)-cn-Fact of Covenant Mutual Insurance Company, tho Corporation described in and which executed the foregoing instrument; that 6 know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to hir I rdance with the By -Laws of the said Corporation, and that he signed his name fir R! i; �`; r ...., _. n3A �w (Notary Public) PAs,toEHa• GALIrOPN1A 91101 DEFE.C'T'IVE: MA'1'1 RThT, 5, WORKM11NS)IT.P AND f:QUIPMENT BOND KNOW ALL MEN BY 'I'llESE PRE:SI:NTS That. we, Hedco Development Corporation Bond No: 013667 Prem. Amt:$50.00 as Principal, and Covenant Mutual Insurance Company a corporation nr��,:►riixed �1nd� �.x sting unc'�r�t.he aWs of the State of Connecticut _ and authorized to do a general surety buginesa in f. a State of C-al iforni ay Surety, are held and firrnly bound unto the City of Huntington Beach _(horei.nartsr cal led OwT Fe _rT Ta m�inc p;l c6rpora_tinn of the State of California, in the just and full Burn of �j. Qfle �fund three hundred t1 rlt�y,��at �,3�,$�09 , l awt I money oi'�t a United States o America, for which sum, well and truly to be paid, we bind ourselves, our heirs, oxecutors, administrators, euccessora and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that, whereas the said Principal entered into a certain contract with the obliged, da l—ed on or about Februal'Y 1, 1982 for the following: Re -roofing of Overmyer Reservoir 1, located behing 19001 Huntington Street, Proje.t CC-589, in the City of Huntington Beach 81 no/100--- ,inch, whereas, the Principal contracted to give thn obligee a surety bond in the suns of T%,renty one thousand three hundred twenty eight & no/100---- ___________.-__.._____=f;�1 .ars (�21,328.00 ) , conditioned that the Pr. to iapl would- snake (loo,i anii protect t_T_e said obligee against the result-s of materials, equipment or workrnanshi.h which are inferior, defective or not in accordance with the terms of said contract having been used or incorporated in any part of Lhe work so-ont.racted for, which shall have .appeared or been discovered, wic.rlin the period of one ( 1) year from and after the completion and final. acceptance of the work do»e under said contract. NOW, THEREFORE, if the Principal shall well and truly make good and protect the said ol)l iyee ar —iinst the results of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of said contract raving been used or incorporated in any part of the work performed under said contract, which shall have appeared or been discovered within said one (1) yvar period from and after completion and final acceeptance of said wc�: k, then this obligation shall be null and void; otherwise to rem.lin in full force and effect. :signed, su.-iled and dated this 1.6th day Of February -- 1932. edco Development Cor . ration Co e i n fluff a], �r ncp- Wt------- Artl r J. C1 merit Jr. Attoi;,_• In -Fact Dennis Sllewcliuk, Secretary /Treasurer Principal Surety COVENANT MUTUAL. INSURANCE COMPANY C/o SOUTM COAST 5URETY GENERAL AGENCY, INC. 1 41 S. LAKE AvENU¢ SUITc NO.- 1 10 pASAGRNA, CAUVOPtN1A 91 101 (_Jl*�' A'[ I Of n,- ',I 110- .*,.'rACH � completed C)rlg[nal And Copy s�owtplosed sxsrtifi.ate tt:: MAR .�� C R 1 1382 ERTIFICATE OF INSURANCE Approved as to Form: City of Huntington Bacl�AM FA TO Gail Hutton, City Attorney Dept. Risk Monsrgenml `_�SIg�l0ltlll�tli'��MIS P.0.Box711 IT OF flUNTINGTON BEACH, CALIFORNIA By: Huntington Beach, CA 92648 A MUNICIPAL CORPORATION W This is to certify that the policies of Insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these pulicies Are cancelled or changed in such a manner that will affect this certificatb, the Insurance company agrees to rive 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92648. ALL ITEMS MUST" BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM. SHALL BE SIGNED AND DATED BY AN AUTIIORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured -1-IF!Drn j)j?.jl1<LOPHENT,,CQROR T I ON •. : ► i ► 1 :r, � t, a •11 Location of Work or Operations to be Imrforrnad OVERMYER RGSLB lam( 12 L LOCATED h-LIJIND 19001 HUNTING - TON ST., HUNTINGTON BEACH, CA Description of Work or Operations RE-R QQ1t T NG QV F R;.tYr-. I) .RP S r ]J 1rn T R _1..._ _ Pi J.. C:L C.(_ - 589__, POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY Effactiva Expiration POLICIES IN FORCE POLICY NO. IrtThousnnd: (000) (INS.) GENERAL LIABILITY (� COMPREHENSIVE FORM CSP 176850 5-22-81 12-1 -83 S 300 , 000. CSL CONSOLIDATED IN PREMISES. OPERATIONS Each Occurance AMERICAN INS. (� EXPLOSION AND COLLAPSE HAZARD Ili UNDERGROUND HAZARD [ PRODUCTS COMPLETED OPERATIONS HAZARD I[ CONTRACTUAL INSURANCE ( )I BRJAD FORM PROPERTY DAMAGE (4 INDEPENDENT CONTRACTORS [ )I PERSONAL INJURY AUTOMOBILE LIABILITY [.4 COMPR E14ENSIVE Fo nm CSP 176850 5-22-81 12-1-83 CONSOLIDATED [� OWNED S 300, 000 . CSL AMERICAN INS. (}f HIRED Each Occuranco (jl NON -OWNED EXCESS LIABILITY [ M UMBRELLA FORM IN1N 002318 12-1-81 12 -1-82 MISSION NATION [ I OTHER THAN 100004000. S.INS. CO. UMBRELLA FORM WORKERS' COMPENSATION and CC 20-401- 12-1-81 12-1-82 STATUTORY ARGONAUT INS. EMPLOYER:; LIABILITY 105362 Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach ane its City Council, anti/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective anti appointive officers, servants x employees of the City of Huntington Beach, when acting as such are aeditional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear. Date r r.n1►11H-r< 7 ! J = AUTHORIZED REPRESEl`JTATIVF OfJNSURANCE COMPANY r INSURANCE COMPANY AMFNEI CAN gy i.NS . CO.. MIS L IN5. GU- G No & Ai:GONA 111 INS _..l. 0 , -- AddreZ9 5 HUNTT NGTON DR. , SAN TZAR I NO ,t, CA. AddrVRS _ ede (213) 6 81- 2 3 5 4 city . CAS ANGELES Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) The insured ' Corgaratiou , ngrees to protect, defend, indemnify, Savo, and hold harmless the City of Huntington Beach its officer,, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and dll liabi!i;y, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor ar by any third party arising nut of or in consequence of the pr:•rforrnance of all or any operations or activity for which this certificate of insurance is furnished. (1) Sole Proprietorship (2) Partnership (3) Car 0&9:r(90tl)Qt (state) MOLD HARMLESS SIGNED: By Irrsured: ��Title President ert r ,r ' (All sumac dull be printed at typ9dBy Insured: Titre Sgcx2 t:BIY !Tz'easuret- bek►w eessh eigratui+.) Dennis Shewchuk CO. CO. AL CO. If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation. i y City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VIT_ of the Civil Rights Act and Equal. Employment Opportunity Act• of 1972 Gentlemen: The undersigned, contractor on e,- d!5*0e ke ­9 a-=-- I & Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by slim 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 labu:er, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage .rate paid. 1 Signature and Title Al Smith, Vice President 6 is Is H. DEVELOPMENT CORP. 1785 N. Eastern Ave. • Los Angeles, CA 90032 • (213) 2644592 State Contractors License Ni). 378411 July 29, 1982 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Don Noble Dear ron, As Vice President of Hedco Development Corporation, Al Sm-I.th has :Luthorixa- ticn to sign any documents concerning the corporation, as per pre -signed contracts. Thank You, Al Smith Vice President AS/ clg REQUES*OR CITY CCIUNCILOCTION Submitted to: Submitted by: Prepared by: Subject: Date -_ May 2 4 , 1982 Honorable Mayor and City council C. W. Thompson, City Administra Paul E. Cook, Direutor of Public Works k Notice of Completion —Overmyer Reservoir CDGIi. yY G��Y c:JTV Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:.. STATEMENT OF ISSUE: Hedco Development Corporation has completed per the approved plans and specifications. the roofing of Overmyer Reservoir RECOMMENDATION: Accept t e improvements and authorize -the City Clerk's office to file a notice of completion. ANALYSIS: Pursuant to Council approval on December 21, 1981, bids were received January 20, 1982 for the re -roofing of Overmyer Reservoir. On February 1, 1982, the Council approved the low bid by Hedco Development Corporation and on March 10, 1982 the City entered into a contractual agree- ment w�.4.:1: Fedco Development Corporation. Re -roofing of the Overmyer Reservoir is now complete, per the approved plans and specifications, and staff is recommending acceptance of the work and requesting that a notice of completion be filed by the City Clerk's office. FUNDING SOURCE: Capital Outlay - Water Division Acct. No. 920990. ALTERNATIVE ACTIONS: Deny recommendation tion and advise staff hew to proceed with completion. ATTACHMENT: None. CWT:PEC:DRN:jy P10 4/81