Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Mel Smith Electric, Inc. - 1981-07-20
6 5 7 9 CC-545 WHEN RECORD to MAIL Th: EXEMPT CITY OF HUNTINGTON BEACH C 2 8K 14 3.2 0 Po 18 3 5. Office of the City Clerk N. 0. Box j 90 NOT ICE OF COMPLETION Huntinc;Ion Bet-ich, Cillif. 92648 .NOTICE . Is IIEREBY GIVEN Lhat the contract heretofore av: rded ,hy the City Council of the City of Huntington Beach, California to MEL SMITH ELECTRIC, INC., 8520 Central ,.,AVI2iiLIE, �Stun. f,A. 906$0 who was the company thereon for doing the following work'to-wit: 4 Playing field, ligh.ting'for;Dwyer City Field and Ernest H. Gisler Middle School, Project CC-�545, Huntingtoh"Beach, California. RECORDED IN OFFICIAL. RECORDS OF O!UtNE COUNTY, CALIFORIIIA .2g§. pM DEC 11 '81; LEE A. BRANCH, Count Rerardr That said work'was'completed by'said company according,'to plans and specifications and to. the satisfaction of the .City i;ngineer.a the City` f Iuntington Beach and that said`wark was accepted by the City. Council of: the City of Huniin4to'n Bench at a regular meeting thereof held on the 7th day of neCernb'er That upon said contract the COVEMNT 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 December, 19 81. City Clerk and ex-officio Clerk of the. City Council of the City of Huntington Beach, California STATE'OF CAL IF0RNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA.M. WEN'TWORTH, the duly elected and qualified City Clerk and e;c- 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 This document is solely for the official busin9ss of the City of, Huntington, Beach, . as coiltem- plated under Government Code., Sao. 61.03 and should be recorded free of charge. December , 19 81 . City Clerk and ex-officio Clei:k of'the City Council of the City of Huntington Beach, California I ,, group COVENANT MUTUAL INSURANCE COMPANY 'MAINTENANCE BOND Bond No. 013620 Prem. Am1;: $84.00 KNO Its A L L AIEN I3,)' THESE PRESENTS, That we, Me] # Hfh El-edric IDn 8�52 r LA.ye Stan 'bn CA 90680 as Principal, and COVENANT MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Connecticut and 'duly authorized to'do business in the State of, Calfrnia , n� v as Surely, are held and firmly bound unto f'i �#,_ i{laritltlgf.IIC1. RPsit:IL.,.� ---------------------------------------------------------------------- as Obligee, in dw penal sum of Forty seven thousand & no/100---- -__- __..-------------------...:---------------- --------------------------- _($ 479000 00 to which payment well and truly to be made we do' bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREf1S, the said Principal entered Into a Contract with the City of H'hti ngt6n Beach _ dated July 20, 1981 for Playing field lig"hting for Dwyer City Field and Ernest H. Gisler Middle School •- Project CC 545 (Reference Bond #012662) W/ . IERE.4S, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of I years) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ._._.._..... ._ ....,..-.--__... _ ..._._......_.___._.._.__._....,...,..,..,,��-: ern•. • 4 Mate of California County of Los Angeles } ss. On this 26th day of January 19 82 before me personally came Arthur J. Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact rnf CovenantMutual Insurance Company, The Corporation described in and which executed the foes oin instrument; the seal of said Corporation; g g that he knows) p that the seal affixed fo said instrument is such corporate seal; that it ryas so affixed I by authority rant : +a ecordance with the By -Laws of the said Cor oration, and that he signed his name 1, ppc�uthatl:y. t-ip,Rl,?`.T E�;TNER ;},... .. :, •,;�; ,, :'� � i;.:L' Its ; �. • � •,:; ,.pr. 27, 1g8A (Notary Public) tm group COVENANT MUTUAL INSURANCE COMPANY Bond No. ' 013620 . MAINTtNANCE 80ND Preen. Arnt: $84.00 KNDIyfILL h.±E�!`it:►':T5'FSF'PRESENTS, 11 That we,.. M�IiL].Strl4 Inc- _r �fl52Q erifral i tafilion CA 90680 as Principal, and COVENANT MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Connecticut and duly authorized toIdo business in`the State of Ca] i fdL i a , as Surety, are held and firmly bound unto Pity_tlf�iilltltin rq.t n .Leah as Obligee, in the penal sum of Forty seVen thousand & no/100--------------- —___--_--___..____--..------------------------------- 9 ( 47 000'.00 )� to which payment well and truly to be made we do bind'ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. 41H.-W&I S, the said principal entered into a Contract with the C,it_y of Hurtiington Beach dated July 20, 1981 for Playing field lighting for Dwyer City.Field and'Crnest H. Gislor Middle School - Project CC-545 (Reference Bond #012662) IVIII.,WEAS, said Contract provides tliat . the Princiml will furnish a bond. conditioned to guarantee for the period of year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said l:eriod, and I1111I k1:11 S, said •Contract has been completed end was approved on Qr about the 266 day -of January 19_8L. NOW, 7HEREFORE, TUE CONDITION OF THIS'OBLIG,4 TION IS SUCH, Tliat, if the Principal shall inde' m' nify the Obligee for all loss that the Oblige, may sustain by reason of any defective. materials or workmanship which become apparent during the period of-On@.year(y) from and after_..Janan ry( 26, 1982 tlecn this obligation shall be void, otherwise to remain in full force and effect. Signed, scaled and dated this 26th clay of Janlfl ry , 19 82 :i GA: Ci. By J / (Seal) ►---� (Seal) . ary/Treasure .8 COINIPANY f. ttorney-in•Fact COVC NT MUTUAL INSURANCE COMPA Hartford, Connecticut POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arihur I Clement, 'Jr. its true and lawful Attornoy(s)•in•Fact, with full power and authority, for and on behalf of tha Company as surety, to execute and 'deliver and affix the seal of the Company thereto, if ,a seal Wrequired,` bonds, undertakings, recog- niza6ces, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to'bind COVENANT MUTUAL INSURANCE COMPANY thereby, 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 ertd by authority 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 dutias and confer such'further authority upon any orf'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 ihe.corporatibn any policy, contract, bond, undertaking. can sent .of surety, recognizance, general or special power of atto'rne;r, certification, attestation, or other instru• ment, all with or without the,seal of, the, corporation, but if under :eel to evidence such seal by physical im- pression or by facsimile or by any oter appropriate method. Phis.power of attorney is signed and sailed by'facsimile'undcr 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: Teat any bond,' unddrtaking, recognizarice,`consenit of surety or written obiigation`:In the nature thereof shall be valid and binding upon tho Company whin signed by the President or any.Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by anySerretary or Assistant Secretary or when signed by the President or any Senior `Dice President or Vice President and countersigned and sealed, if a seal is'required, by a duly authorized attorney -in -fact or agent; and any such bond, undertaking,'recognizance, consent of surety or written obligation in the •nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, 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 attorney. 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 attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby, adopted by the Company as the original signature of -such officer and the,original seal of the: Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MU'1-UAL 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 By Vice Presid C f CA G. • y�c, 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 tome known, who being by'me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY. the corporation described in and which Muted the above instrument: that tl}ey know the seal of said corporation; that the seal affixed to said instrument is .. -1! 1,t •- ' I' ' 'f ?;Elihority of their office under the by-laws of said corporation, and that tney signed their names tlivictu tq io.t: authority. ............... ' ttt . '' • t--1 TA 4 CERTIFICATION Notary Public My commission expires March 31, 1978 I, Vera C. Spilka, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions 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 effect. Signed and sealed at Hartford, Connecticut, this 26th day of January 19 82 Assistant Secrera 'City of 'Huntington Beach Department.'of.Public Works P.O.. Box '190 Ruritington Beach, California '9264.8 Attention: i� Subject: Certificatioii of Compliance 'with Title VII 'oL the Civil Rights Act and.Equal Employment opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC 545 Dwyer/Geisler Fiald lighting_ Proiect No. Title hereby certifies that all laborers, mechanics, ;:Pprent.ices, trainMes, watchmen•and guards employed by him or by any sli'contractor perform- iaq 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 perforined by each such laborer, mechanic,. apprentice or triiinee conformed 'to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. � h , 'Signature and Title X64cam' a 1 : ■ I A 1'tC t • ,* Lf NAME AND ADDRESS OF AGENCY PAUL MUEMCH COMPANY P.O. BOX 799 ORANGE, CA 92667 • (714) 633-4551 L NAME W) ADDRESS OF INSURED MEL SMITH ELECTRIC INC. 8520 Central Ave. Stanton, CA 90680 `�. rr .►.� c. COMPANIES AFFORDING COVERAGES �'C r J� y� GOMP/�.NY LETTER AETNA FIRE UNDERWRITERS COMPANY LE"ER LJJ [a NATIONALNATIONAL-✓ LETTECENTRAL NATIONAL INS Co 0 COMPANY LE nER COMPANY LETTER f2— - COMPANY LETTER This is to certify that policies of Insurance listed below have br.'en issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condit:on of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein Is subject to all Lhe terms. exclusions and conditions of such policies. `LETTERY POLICY LI-nits of Llebilf In Thousan s ��. EACH OCCURRENCE AGGREGATE TYPE Or INSURANCE POLICY NUiABER .. EXPIRATION DATE GENERAL LIABILITY A CPP35 51 77 9_17,_84 BOC`ILYIIIJURY s s COMPREIIENSIVE ►OHM 0PRE MISES-OPErA1IONS PROPERTY DAMAGE $ s EXFILOSION AND COLLAPSE L_._! HAZARD ❑ _ UNDERGROUND HAZARD PRODIJCTSrCOMPLETED OPERATIONS HAZARD 0jE�``'�� BODILY INJURY AND CONTRACTUAI 114SURANCE PROPERTY DAMAGE S $ 0 BROAD FORM PROPERTY COMBINED D(E�-;`►E nAMAGE 5009 5009 INDEPENDENT CONTRACTORS PEFrS'SAL INJU.IY s PERSONAL INJURY 500 AUTOMOBILE LIABILITY UODILYINJURY _ A COMPREHENSIVE FORM CPP35 51 77 9-17-84 (EACIIPERSON) BODILY INJURY ED (EACH ACCIDENT) �+ L19 CW NEO (� HIRED' :. PROPERTY V^.' %GE $ ' INJURY AND PFipr tnTY DAMAGE NON -OWNED $500, N •. _ COMBINED - •` EXCESS LIABILITY BODILY INJURY AND B „ UI;SRELLA FORM policy number to follow 9-17-84 PROPERTY D%eAAGE $2, 000 s 4,000 l_J OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION I SIAIL11OWY i and �. , w 3'-7 -N�3 -" ��O : '• s EMPLOYERS' LIABILITY t Ir•cyk. a,,•. RECEIVED 191 DESCRIPTION or OPERATIONS/LOCATIONSNEHICL£S ALL OPERATIONS IRE.ASURE1; OFFICE. Project CC945, playl.ng field for r'wviRr .i.t'.y_._.Cielsi_�x__G► isles . N Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will widenwomie mail _10 days written notice to the below named certificate holder, but-4aifvf,*4o �_NAUVICANUADDRISSOFCERTIFICATEHOLDER. City of fluntington Beach lAttn : Jo P.O. Box 711 �Iluntington Beach, CA 92648 GATE ISSUED n 1 Cis 1 J r' AIJT110PIIED REP.1F ►ITATIVL 1 ) C O N T R A C T CC-545 THIS AGREEMENT, rnade and entered into on the: 20th day of July 19�_, by and between the CITY of HUN►I'INGTON BEACH, a municipal corporation, hereinafter referred to as CITY,. and ; MEL SMITH ELECTRIC, INC, a California Corporation, hereinafter referred to as CONTRACTOR, RECITALS: WHEREAS, in accordance with the provisions of California I,ahor Code section 1773, the Director of the Department of In- dustrial Relations shall determine the general prevailing rate of wages applicable to the work covered by the contract; copies of the latest general prevailing wage determl.nat.lons are on file in the office of the City Clerk anti made a part hereof . The -sup- plementary conditions attached hereto are part- of this contract and incorporated herein; and The City Council of tine City of Huntington Beach , County of Orange, State of California, pursuant to statutes, in such cases rnade and providcu3 duly and regularly caused a notice to be pa1)- li stied calling for bids • for labor, material, tools and equip-.nent for the playing field lighting for Wyer City Field and Ernest.H. Gisler Middle School, Project CC-545, in said city of HUritington heath, Cal.irornia, said work to be c;o-l-- s eructed according; to plans, specificat:i.on s , and special prov is ion:, for same on file in the office of the Director of Public Works and ,r.dopted by the City Council of the City of Hinif.1rigi*on l"ie:ic�h �,ri t;}ie 6 LL_..day of'____.___ 0c_t0be.C__._._...._j 19_84 , an.: rererletrce' }.s 1ievet)y matte to such 1)1811:8,, ';pccl.f'.1(.;tt1ons, and ;;penal. pr ov i. brio and by • veCerence Incorporated :is though set out In full herein; and 111lie (;}.t;y Counc;ll at a regular) erecting thereof and at: Lilt., t.hile and place apl)olnted therefor received the report of the rc:;ult;s of the b iris, submitted by the respective bidders for tho r,�,rr�.tru� Lion and completion of the above -mentioned work, and after, careful coils 1derlaLion of all bids subrrritted to the City Council, awarded the conLrac:t therefor to the contractor therein named at tilt; prier: , ::ret .forth In his bid, it being the, lowest and best bid C-1 received by the said City Council, NOW, THEREFORE, in consideration of. the covenants and agreements herein contained, being done and performed by the parties hereto, it is hereby agreed as follows: 1. By my signature hereunder as CONTRACTOR, I certify that I am aware of the provisions of California Labor Code section 3700 which requires every employer 'to be insured against liability rot', workers' compensation or to undertake self-insurance in accord- ance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of. this c-on t ra c t . 2. CONTRACTOR agrees to receive and accept as full com- pensation for Curni.;hing all materials and for doing all the work conternplatk.d and embraced in this agreement, the unit prices CONTRACTOR submitted in his proposal which was accepted by t'.:e City Council. A copy of said proposal is attached hereto and incor- porated herein by reference and made a part hereof. CONTRACTOR further agrees that said payment by CITY shall include all pay-- ment.s .for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or .from any un- foreseen difficulties or obstructions which may arise or, be en- countered in the prosecution of the work until its acceptance by CITY, and for all risks of every description connected with the work; also for all e;:penses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, anci the whole thereof, in the manner and ac- cording to the plans and specifications, and the requirements of the engineer under them. 3. CITY agree, with said CONTRACTOR to employ, and door; hero -by employ, the t;aid CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein cont:,a hied and referred to, for the prices aforesaid and hereby contracts to pay the same at the time ' ;ime, in the manna r andupon the conditions set rovth itt the specialprovisions and the a d parties, Pot-, them- ;,el.Ve.-;, their hu"ir'S, exectlt:ors, adm'intstratot,s, sltC:oessors and its, s.igrtr;, do hereby agree to the frill performance of tho covenants heve.in contained Cot- the contract bid amount of $ 45,567.00 whar.}i ,arnc,uni: nlrt,j1qct to adjustment; upwat,,j or downward dependent capon in --plane yuantit,y where applicable. 11. It .1 1'tirther expressly Ztrrec(i b.y at Ile tweelt th(I portles hereto that :0iotild there be any coni'li t between the terms c-2 of this inst:rijinent- and . the bid or this instrument shall control and as an acceptance of the said terms herewith. proposal of said CONTRACTOR, then nothing herein shall be considered. of said 'proposal conflicting 5. Bid ;fond. CONTRACTOR further agrees that .his pro- posal shall be accompanied by a bidder's security in an amount equal to 10. percent of. his .bid in .accordance with California Goveriiihent Code sections 37931 et seq. G. Bonds. The bond or bonds required to be furnished to CITY under this contract covering CONTRACTOR'S faithful per--. formance, the cost of labor and materials expended, and CONTRACTOR'S one-year warranty must be furnished to and accepted by CITY pririr to commericement of any work hereunder. All bonds must be in the amount stated in the special provisions incorporated herein, and in such form as is. acceptable to the City Attorney. 7. Warranty. All work performed in accordance with these plans, standard specificazl'ons, and special provisions in- cluding, but not limited to, workmanship, installation, fabrica- tions, material and structural, mechanical, or electrical fac'.li- ties shall be warranted for a. neriod 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 longer as provided in special provisions. Security for such warranty may be pricvided 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 performance bond shall not release the warranty portion of the bond or the separate warranty bond. CONTRACTOR, within ten (10) days after notification of a defect warrant-ed hereunder, will either inalce a.pprnpriate re- pairs, replace the defective item or ItNns or show reasonable cause as to reason fov his delay, and reftisal oe failure to com- ply will cause. CITY to file claim against the bond. 8. cali forrtia Fair Employment Practice Act, C;ONTRAG'1'0 agrees to utl1tre Va.i).r employment prticticc t.ri rtccUt:iat�c.c�.wi.ti� Went or Dare not c-3 California LLbor Code aections 1410 et. seq. IN WITNESS WHEREOF, the parties hereto have ' executed this contract the day, month and year first above written. CITY OF HUNTINGTON BEACH, Dzited a municipal corporation , ,: r{ By Mayor. ATTEST: APPPOVED AS -TO FORM: City Cleric 01t, At torINN The articles covered by this contract; must conform to the•Safety Orders of the CONTRACTOR'S Legal Firm Name ,q,,dr,e of California, Division (Corporation, Partnership, of Industrial Safety. I Co --partnership, Joint Venture, certify that I Have read the Individual or ) foregoing and will comply. t DATED: By President ' Position or Title CO,',PL RACTOR ecretary STATE OF CALIFOPNIlk ss. COUNTY OF before Notyy Public A and fo.,_said State, _ known to me, •••.s•o•••••••e•�••�►a+•+++++p to be the persons whose names— subscribed to the within Instrument, OFFICIAL SEAL + and achowled ed to me that et execute the same. • LLOYD T. BRENT • $ f e NOTARY PUBLIC-CALIFORNIA e a ORANGE QOUNTY o WITNESS my hand and official seal. o My Commission hPires Aq. 2, 1983 Notary Public in and for said State. California -Labor -Code sections 14lU'et.seq. IN WITNESS WHEREOF, the parties hereto have executed this contract the `day, month and year first above written. CITY -,OF HUNTINGTON BEACH, a municipal corporation Datedlie. ., ^, ��. a7• ,,� By2&� V Mayor, ATTEST: APPROVED AS TO FORM: City Clerk The articles covered by this contract must conform to the,Safety Orders of the State of California, Division of Industrial Safety. I rerti£y that I have read the foregoing and will comply. DATED: CO r 1 RA CTO R _. CONTRACTOR'S Legal Firm Name (Corporation', Partnership, Co -partnership, Joint Venture, Individual or ) By. �j , k�l lr By President Position or Title ,!Secretary Position or 'i t.le �" BID PROPOSAL FRAM met Smith Electric Inc. Firms Nerve To thR Honorable Ndkayar and City Council, City of Huntington Beach, California: In complhince with the notice inviting sealed proposals fdr tho playing. field lighting for Dwyer ' City Field and Ernest H. Geisler Intermediate School. CC-545. I herehy propose and. agree. to enter into a contract to perform the, work herein and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the wtisfsction of and under the supervision of the Director of Public Works of said City of Huntington Reach, California. The undersigned has Inot accepted any bid from any,subcontractor or materialman through any bid depositary, the bylaws, rules. or.,regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the fa. lities of or accept 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 im rovements complete in place in strict conformity with the plans,. specifications and special provisions, on fila'in the o fic. of tho Director of Public Works,' City of Huntington Beach, California, I propose and agree to take full payinent therefore at the following unit prices, to wit: 11 EM NO. APPROXIMATE QUANTITY ITEM WITII UNIT PRICE WRrrT EN IN WORDS UNIT PRICE TOTAL l Lump Sum Construct playing field lighting for Dwyer City Lump Stun Field at 2 Lump Sum Construct playing field lighting for Ernest H. Lump Stun Geisler Intermediate School at Total *16 P-1 11 Is sA • ITEM W. APPROXIMATE OUAAMTY ITEM WITH UNIT PRICE witirriN imytomm UNIT TOTAL D MAID SWITC11 MN61,S j9.1 -U&AM19ED 1W C. S i' ll SYMMS 2 11 RILL SOX C-S 3 'Yosc MOVE -51�6 Tylve OF COWD1177 /3 oco VAR100.5 ONIVII(Ties PME Rt4SE.S 9.5 NMW PATCH r- R,6.W M1961W65 07 I)ebw t9conTim M&DAM96 P-2- 716 S E • It is" ndersto'od and 'agreed��that the approximiite quantities shown in the foregoing p�'oposal schedule are solely for the purpose.of �facilitating.the comparison of bids and.that the�contraetor's comport itionwill be corriputed upon the basis; of the actual quantities in the completed work, whether they be more or less than those shown herein at tha unit prices bid in the proposal schedule. The undersigned unders' Mndsthe contract tinie` limit allotted for the contract is FO calenda1- days. If awarded the cimtract, thu undersigned hereby agrees to sign said contract and furnish the necessary' bonds within ten (10) days of the award,of said contract, and to begin work within ten 00) days from the date of approval of the con- tract by the City of Huntington Beach, California. `The;_undersigned has examined` care 4,11y the site of, tha work contemplated; the. plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to bn encountered, as to the character, quality, jod'scope of work to be performed, the quantities of rmterials to be furnished, and as to the requiroments of the proposal, plans, specifications, and the contract. t Accompanying this proposal isM5 1 �Q.:.= NOTICE:*Insert the words Cash,„ ,. Certified Check, or"Bidder's-Bond,,. 4s the case may be, in an a ount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. ni- The undersigned deposits the above named sacurity as a'proposel'guaranty and agrees that it shall be forfeited to: the City of Huntin"gton Seach"as`liquidated damages in case this propusal.is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish 'good,and tufficient bonds in the form set 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 said serurity shall be returned to the undersigned. Licensed in accordance with an act providing for the regi.sUatio of contra L ense No. 39474 ---, Business Address 8520 Central Ave Place of Residence 501 E. Peralta Hills Dr. Dated this 8 day of July 19 S1 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received P--3 Sionatura of Bidder r •- Bidder's Signat re 13130P( SED INFORMAi ION REQUIRED OF BIDDERS Tha bidder is required to supply the following information. Additional sheets may be attached if necessary. 11 Firm Name: Mel Smith Electric, Inc. 2. Address: 8520 Central Ave Stanton, Ca. 90680 (714) 761-3205 3. Telephone 4. Typo of firm - individual, partnership, or corporation: Incorporation 5. Corporation organized under the laws of the State of Californian 6. Contractor's License Number: _ 394741 Classification of Contractor's License C 10 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Mel Smith 501 E. Peralta Hill Dr. Anaheim, President / Tear. Margie Smith 501 E. Peralta Hill Dr. Anaheim, President/ Sec. 8. Number of years experience as a contractor in construction work: 5 ye_ arg 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) Santiago Part. outdoor Lightingt Hondo Company $124,000. April 1981 D,Y-• Century Park East Fire Alarm Continental Pac. 105,000. Jan 1981 L.B. State Univ. outdoor Lighting St. of Calif. 44,266. Dec 1980 .Anaheim Conv. Ctr. Comm remodeling City of Anaheim 16,305. Feb. 198). entrgl. Fed. COMM,--rem odeling J.D. Olson 5,860. April 1981 Beckman Instxu. Ind. remodeling Beckman Instru. 81340. April 1981 10. List the name of the person who inspected the site of the proposed work for your firm: Ken Stephens Date of Inspection 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other Information and refaronces 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"- being,, Sections 4100.4113 of the Government Code `of the Stato'of California, and any amendments"thereto; each bidder'sheil,sot forth below.the name and location of the place of business of each subcontiactor.who will pa"641 work or labor or render service to the prime con- tractor in or about the construction of the work or improvement in an smount in excess Iof one-half (h) of one, percent (1`Yo) of the prime contractor's total hid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontracto► :or each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the'contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract thai portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any partion of the work to which'no subcontractor was designated in the original bid shall only be 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 STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBEF, CLASS By submission of this proposal, the contractor certifies: 1. 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 sub -contracts entered into and bonds furnished by sub -contractor for this project. P --5 •`,ni+;.;�,„i«:(.:i7R�174}i.L:r�i:a:a+i�+M1�1:Wia4J:J11b'Y.3eOX:.�A��lr31WWSi:Wr6�:+1.-Fii.�Fl�t;rJ'e�.eyRrwl'lul+ll.�dc,are.Y,wa.�y..--•�•--t.w -- - -- - .�....+ • -� A a Reds, • 425: 1 ji 42r, Davis -Bacon Act Regulations •file f(illtawing douses churl he iliclude' l ill .111 coliti-It'ts a'lilt II .tic titili)e e I Its the Davis -Bacon Act ji tivisiulis: ( eel C.F.R. fi 5, `). 11) Minimum iragrs. lil All Mechanics and Winters em• ployed or wnrking upon Lite rile tit the work, or under the ttniteml Stat.-s Ifousing Act of 10-17 or udder the lfousing Act of 19•19 in tile construction or development of the project. will he paid uncoriditinnally siO not Ices ofte.ti than once a week. and without suiisetiuent deduction or rebutr. on any account (except such: payroll deductions as are permitted by regula• lions is.ved by Lite Secretary of Labor under the Copt -land Act 129 CPIt Part 31), the fell amounts clue tit time of payment rornptrlal at wage rates not less than thou contained in the wale determination decision of the Secretary tit Lnhor which it: attached hereto and rtiade 4 part hereof, regardless of any contractual relationship whirl+ may he alleged ter exist be- tween the contractor Alto surIi laborers and mechanics: and the wage determinothp Iltrihir)n shrill hr pasted by llte run• tractor at the site of Illp walk in a prominent place where it can be easily titre I)y lite workers. For the purpose of this clause. crtntribulirtil§ lllodu or costs re;asollably nnticipated under section I141101 fit the llavis•lincon act on behalf of Inhorers or merlintlir4 lifli ronbidered wages paid to such la• borers or inerhullice. tuhjrct to the provisions of 29 CVIt f►.b(a)f Illivi. Also (fir (hit flurlinse of this r.lause. regular run• Iributions ninth or rosth incurred for more than it weekly pt-riod under 1114119, fund[:: or prrograrns, but coverings the linrlirubir weekly pprim' are, rleetned to he constructively soar or incurrtill lillrinu such workl3• period. Iii) The rriillfbtaing officer shall require that fifty class of laborers or 111rcliartics, lncludior apprt-ntices and trainees. which is not Ii41n1 in the wage llelrintination and which is to be employer) lliillf 4hr cnnlrt)cl, shall be classified nr reclasmi• tied confoniitlllly to the walle determination rind a report of the uctiorl ta4pli shall be sent by the Federal agency to the Secretary of jigl►t►r. In the event the interested parties cannot agree on the proper classificption :ir reclissificatinn of a par• tivulnr;lass Of Inhurer.-t and riechanicq, lncluding apprentices and lrpinees, to be used, the (Itieslion accompanied by tilt• recommendation of the contracting fiffirer:+hall he referral to the Sir-retary cur final determination. (iii) The corilracting; offictir shall riiiiuire, whenever the minimum wafip rate prescribed in the tAlilrart for it clnss tit 1.11jnrerA or tn(4,ilpnics includem a fringe benefit which it unl etc- pfessed as an I.ourly wage rate and Lite contritrlor is obbg;alyd in pay 4 cash equivalent of such n fringe hrnelie, an hourly cash nluivalent thereof to be t-stat) lislied, In the event the inter•er•ted parties cannot agrr„2 upon a cash erlUivolent tit tEe fringe benelit. Lite question, accotnpnnivil by the recuna- inendation of the contracting tifficer, shall be referred to the Secretary tit Labor fnr determination. 60 if the cnntrnctor does not make paynirells to a Irustee or tither third person, he may consider as pat of (he w•ngeq of any laborer or mrchnnic the amount of ally vostii reasonably nntiripnted in providing benefits under a plait or program of a type expressly listed in the weige determination decision of (fir Sveretary of I.nhor which is it lint-t of thi9 contract: Prtinidril. hmr re-cr. The SerrOnry of (tabor has fnuml, Vpml tilt- written request of the contractor, that tlic applirtible nlalitlar,ls of the I)vvis.11arnn Act hove liven nittl The Seciplitry of f.ahrrr may rt-quire: lhr tontroclnr In stet ahlde in p nrpniate acrnt;nt atlieUt for the mertinR of obligatinns under the lil„n fir grog tinm. 121 Wilhisolding. 'I'lu' !write in nnnu, of I'vdernl agviict•1 mny wilhhnld or rouse to lrr withheld front Ilie! contravitar set much tit the nct need payniesits or advartres n.t "nay br roe, sitirred nt•t•e5sary to pay laborers and rtntrhanicii, including apprenill•ps and (rainves. employed by the vontrartor or any subconwi0or on lht- work tilt, full umonnt of wnHes regrtired by the conlrnct. in the event of failuie to pay any bahtirer or mrchnnic, including any opiirt-ntice or . traintr, employed nr wnrkinl; till the site of the work or under the United States I dousing Act of 1937,or unrh•r the I housing Act tit III M in lhr constniclioo or development of the project, all or part of tlae wages it•quirt-d icy the cnnirnct. the IAgencyl [nay, after written ntilice to the corntritruir. spow-mr, applicant. or n"'nrr. Inky- Such action n-i mny he necessary to cause the sumps -onion of any further payment. Itl%'ance. or guaranitr of funds until such violattolt5 hove Ceased. 13) Payroll.[ anti ho%ir trrorek. lit Payrolls and bamiv itc. "film relalin)l ltierMn will he nlaintoined during, 111e rnueme of Ihr work and l►mservvil for n period of three yenrm Ihereafler for nil Inbutris and niveh unics working nt the mitt- vI tilt- work. or undt-r the thilled :;tales Ilnusing Art of 19:17. of ondet lilt- lirausing Act of 19.19, ua the ronstroclion or devt-l"l►rnt-nt of flit- project. Site It itr•otdm will contain the name and address of PAVII curb IvnialnytV. his corneal classification. rate-; ni it ay linrludmg raleh of or costs nntiripalyd of 111c t1'pes de-mrrihr'd in strlioo 1111121 "f the Davis-Ilarun Art). daily and wei-h1Y numlmt it( hm irr. warkrd, dealucliuti•• nand. onii actual wag vs paid. N•Iwtierer thr Smralury of L.11)•ar hnti found under 2'9 Cl, It b.:ilall I lliv 1 that Lite wages of ony laborer "r niet-hnnir inclutdt• the amount of any cants reasonably tun• licipated in prnmttling; brr"•lilm under a lalnn or prtigrtto described in median 111012►1111 of the 1)avi%-Ilacon Art, the contractor shall rtinintain records which show that the cornmilment to provide tiurh benefits is enforceable, than the plan or I►rng,ram in Iionnrially re- Iinrim ildt-. ,tnd IllnI the plan nr prog;rrim lilts born rr►tutt"inir;,trd in writing to l:•.r blit,rens or n►echnnirs riffecled, aural records which she, v the crisis anticipated or the actual covet incurred in providing such bone- tits. (iil The contractor wii) subunit weekly a cnliy of all pay. roll.to(lie City of Huntington Beach if tilt- ag,envy N at party to lilt- tontrar l., but if the ag vnry is not strrh n party the contractor will submit the payrolls to the aliplirnnt, sl►on%or, or owner. n. the cast- mny be.. fit. trnns• niim%ion to tilt- C i ty O f I I . 13 . Tht- ropy shall be nr. colnpnnied by a mntcnient mi►;tiets tit, tilt- employer or him agent. indicating (lint the payrolls are viarect aoll rnrnplrtr, [hill the witty* tit tea contained Ihi•rrin are nrit It--,% than Ihnmr determined by thi, Nerrulary of Labor anti that tile, 0.1%%ifirn ►ions met forth for each laborer nr inrchoniv conform with the work he pvrf,irowd. A sulmivisom of n "Weekly Staternrnl of Clittlllliaore• which is rr11mrrd undi,r this contract and the t'opeland rrgidalinos of the tirrreinry tit I.al►or 129 l7111. fart :11 ;Intl tile- (ilim, wilh tilt- itoli:al payroll nr tilt tiuliatviurol li.iyrnll All a aides of rally lirnlilig'; hy' the tierrrtary of Lal"r under 29 CI Il 5 falallllltvl shall maetim(V Ihie requirement. The p►une cnntf;ar•tor sh;tll ice rr•sivansible flit tilt- suliini!svnn of rtal►iv.s of Ida}•tolls of all %ul►t•nntrartor%. 'I'hr contractor will make the re(ordm required under the inbor standards clauses e Revenuo Sharing Advisory Service )u1y' 1977 Revcnua Sharing tlanrluook — Second Edition Supp.leinentary CC tions Page Z. of the contract available for inspection by authorized repic• sentutives Oft he and the Depart- mrnt "Of Labor, and will permit such reprexentatives to interview employees during working hours on the job. Con• tractors employing apprentices or traintrs under approved programs shall include a notation an the first weekly certified payrolls submitted to the contracting agencies that their employment is pursuant to an approved program and shall identify the program. (4) Appreritices and trainees —III Apprentices. Appren- tices will be permitted to work at (errs than the predetermined We for the work they performed when they ore employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employt:rent. and Training Administration, Bureau of Apprenticeship and Training, or with a,Stnte Apprenticeship Agency recognized by the Bureau, or Ira person is employed in Ws first 90 days of probationary employment as an apprentice in such an appren• ticeship program, who is not 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 ment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the: contractor wt to his entire work force under the registered program. Any employer listed on a ps;rroll at an apprentice wage rate, who is not a txainea as do. fined in subdivision (11) of this subparagraph or Is not regps• tired or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classi. fication of work he actually performed. The contractor or sub• contractor will be required to furnish to the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the registration of Ws program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the joumeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid appren. tices shall he not less than the appropriate percentage of the journeyman's rate contained in the appUcable wage deter• mination. fill Trainees. Except as provided in 29 CFI( 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a prng:ram which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be gtenter than permitted under the plan approved by the Bureau of Appren• ticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee Hated on the payroll at a trainee rate who is not registered and participating in a training plan ap• proved by the Bureau of Apprenticeship anti Training shall be paid not less than the wage We determined by the Secretary of Labor fnr the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting; officer or a representative of the Wage.liour Divi• sion of the U.S. Department of Labor written evidence of the c.?rtification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the flureau of Apprenticeship and Training with. draws approve.) of a training program, the contractor will no 0 425: 2 longer be permitted to utilim trainees nt Iriss than the rippli• cable prrrletermined rate for the work performed until an ac• ceptable program is approved. Wi) l:qualrn►ptnwnrnt oll1wrtunity. The uttlitation of ap• prentices, trnitims and inurneymen under this part shnil he in runfntm►ity with the equal employment oplw►rtunity requfrr• meats of Executive Order 11246. as amended, and 29 CFR D'art 30. 151 Compliance with Copeland Requlatinns 129 CF'li fart .71. The contractor shall comply with the Copeland Rug,*ula• tions (29 Cflt Part 31 of tht: Secretary of Labor which are herein incorporated by reference. (G) Subcontracts. The contractor will insert in anv sub• contracts the clauses contained in 29 Cl:lt 5.51a)(1) t imgh (5) and (7) anti such other clauses as the (write in the, name of federal agency) may by appmpriate instructions require, and also a clausp requiring; the suhcontractnrs to include theso clauses in any lower tier subcontracts which they may enter into, tv:;ether with a clause requiring; this insertion in any further subcontracts that may in turn be made. (7) Contract termi►tatfan; debarment. A breach of clnusrs (1) through (6) r►►ny be grounds for termination of the con- tract. and for debarment as provided in 29 CFft 5.6. 129 C.F.R. §5.5(a)I Additional provisions which must be in- cluded are: 11) Qavrtimr requirements. No contractor ur subcontrac- tar contracting; for any part of the contract work which may require or involve the employment of laborers or mechanics shall require nr permit any laborer or mechanic in any workweek in which he is employed on such work tit work in excess of eight hours: in any calendar day or in excess of forty hours in such workweek unless such laborer or mechnnir receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hnurs in any calendar day or in excess of forty hours in such workweek, as the case may be. 12) Violation; liability for unpaid wages; ligrrirlatrd darn - ages. In the event of any vinlatinn of the clause set forth in subparagraph (1). the contractor and any subcontractor responsible therefor shall be liable to any affected employer for his unpaid wag". In addition, such contractor and sub• contractor shall he liable to the United States tin the case of work done under contract for the District of Columbia or a ter• rRory, to such District or to such territory). for liquidated damages. Such liquidated damages ahaU be computed with re• specs to each individual laborer or mechanic employed in viola. Lion of the clause act forth in subparagraph (1). in the sum of $10 for each calendar day on which such employee was rv. quired or permitted to work In excess of eight hnurs or In ex• cesn of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub• paragraph (1). 131 Withhr►ldingt for unpairt wages and liquidated darn- riRrs. The City of H.B. MAY with. hnldorcausr to be withheld, frnm any moneys payable on nc• count of work performed by the contractor or subcontractor. such sums as may Administratively be determined to be neces• snry to satisfy any liubilitirs of such contractor or Aubcontrac• tar for unpaid wages and liquidated damages an provided in the clause set forth In subparagraph 121. ©Rovonue Sharing Advisory Service July 1977 Revenue Sharing Hand000k --- Second Edition .. .. Page 3, . . • In Iht• evrnt 1`( ltle eff"lluctol•s M`1lucit"rtl"ke v OWN .1011.1NCIIMIIln11`/U l l.ur♦r ♦ ,.l 161♦ 1 4Hlhrr I r•/ v.1L wily of the as -id /YLtt. feKUI6II066. of olllrlA. (hill 1•-1.14141.1 Moly he eirncell61. Il„N,r/d•�',I, w �u♦i.rullld ,.1.•.1, or in pelt and the Clinitwclot morbe deelaled (nrtll;lhh• fill fwllhrl Ki►velhol.lhll rnnllut (w of ledrfooliv Urw,Ul 11 eontitfuction eaellldils in eeeoldanee w1lk'`lscaduiet uumoiieed In Esocull♦e older 11146 of Se1dl'MItes 14, 1905, and suth alhif tendlons may be'i$APos#d and ltMcdiis lnvoloed at pinvldat In Lamcutivr Oidcl 11246 of September 24, 1905, of by rvla, teSulallon, of aide► of the Seeialsty at Lrboi, of at otherwise plovided by low, . The Conlraclot rill lnelude the portion of the sentence ifemrdlstely pleceding Palat,is h A and the plc♦ visiont of parogisphs. A Ihlouth G in every subconuaet at poichsse aides unlc4a ro,emilled toy rules. tegula- Ilons, at aidera of the Sectolsty of Lebo# Issued putau;nt to section 2W of F:arcullve Older 11246 of • September 24. 196S, so that suck provisions will be bindinit upon filch subcunlisclof of vendor. The Con. Itaetoi will like such action with tospliel to env subcontract of purchase aide# as the Frdesal llo.#:snt CoArsilvalonet tasy direct as s rses`if, a( enlotting such provisions, including canclionr lot noncompliance: Plovidel,Ilow vet that In the even# the conirsclot beeolnes involved In. of Is IhiealentJ wllh. litigation With a flubeonlieetot of vendor as a result' l( such direction by the FVdC131 110USing COMPaistlonrt, the CarltNclol rssy'tegtlest the United States to enter Into such litigation to protect the Interests of the United stale,;, e ua,00v(IINMCftT►tilMrin,o orroct, Ills tl•`1stNlot The Contractor will not discriminiZte against any employee or applicant for employment because of sex. •r ` In arnordance with the provisions of Section 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: provisions of the Davis/Bacon Act. The Department of Industrial Relations requires that all aliens used on any project must carry an alien work card which will be shown to the Inspector on the project. T • !TIRING LOCAL QUALIFIED MINOROITY :I:NDIVIDUALS The contract shall comply with Section TIT:, 19613 flousinq and. Ccminunity Development Block Grant, Section 20-raincnd.cd: the contractor shall attempt to hire local qua! ified minorl.Ly individuals when job opportunities occur, and utilize local business firms when possible. The contractor shall document his of for t:s to comply r::ith Section III and transmit his cloucmentation to the I:nyineer during the course of construction and will submit: a final • report at the completion of the job. .01 1 .' •• Y.rt•5C-i5•.r,...,.,n.�,r.•m,t•Y!tl'•r-.�..,��.+•v•pM�II L,+.1l•r++l !_t'—':.:Y•_..�.,.•. -. ..... .. __ _ n ADDENDUM "A" TO PUBLIC WORKS CONTRACT THIS ADDENDUM AGREEMENT to thalt certain agreement numbered CC--545. , and dated by and'between.the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, therein called "CITY", and MEL SMITH ELECTRIC, INC. , a California corporation , therein called CONTRACTOR , is hereby modified and amended, effective on the date shown below as follows: The p armies hereto agree as follows: 1. INDEMNIFICATION_, DEFENSE_, 14OLD HARMLESS: CONTRACTOR shall defend, indemnify and hold harmless CITY, its officers, agents, and employees, from and against any and all liability, judgments, damages, costs, losses, claims, in- cluding Workers' Compensation claims, and expenses resulting from or connected with COITRACTORIS negligence or other tort- ious conduct in the performance of this agreement. WSA : bb - 1 - r 2. .WORKERS' COMPENSATION: CONTRACTOR shall comply ;vith all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, ' the applicable provisions of Division 4 and 5 of the State or Federal acts of lams applicable. CONTRACTOR shall Furnish to CITY a certificate of Workers' Compensation insurance. The insurer shall not cancel or 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. I14SURANCE: CONTRACTOR shall obtain a policy of comprehensive bodily injury and property damage liability insurance, and maintain such policy in effect for the period covered by this agreement, providing coverage for bodily injury and property damage in the minimum amount of $300,000 combined single limit per occurrence. The 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 of any injuries, damage or loss, including any - 2 -- r 1� V1 deaths arising out of or connected with the work of CONTRACTOR under this contract. CONTRACTOR shall furnish CITY a certi- ficate of insurance from the insurer that the insurer shall not cancel or modify the policy without thirty (30) days' prior written notice to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. 4. INDEPENDENT CONTRACTOR: It 3.s further understood and agreed that the CONTRACTOR is, and shall be, acting at all times as an independent con- tractor herein and not as an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of income tax, social security, State disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 5. All 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 USED) 3 • IN WITNESS WHEREOF, -the parties hereto have executed this agreement this day of ; , 1981. CITY OF7HUNTINGTON BEACH, a municipal corporation ATTEST: Bv.. 62_�tn* �11 Cit i' Cle rk ayor APPROVED AS TO FORM: REVIE14ED AND APPROVED: Cits rcto ney City Admini rato "CONTRACTOR" MEL SMITH ELECTRIC, INC. r By Tit le INITIATED r1D AP P OV �D: D rector , Public o— s - 4 - Wr group COVENANT MUTUAL INSURANCE COMPAi `; Bond No. 012662 CONTRACT BOND — CALIFORNIA PAYMENT BOND t✓011!f1LL AfC,NBY THIiSEPRESENTS, That we, MP7 S6i th El edri c Tnr-. R�70 GP1it�1 ° Aya: ;;. _Stanton _ CA�fl6fl0 t. and the. COVENANT MUTUAL INSURANCE COMPANY, . a corporation arganized and existing under "the lows of the State of CanneGticut and authorized to transact suretTbusiness in the State of California, as Surety, are held and f rmly bound unto r i + v of Ni,n ; n Dion Rea ch as Obligee, in the sum of Frari i_ve fi nit�an fi ' P hilhdred -iXy even.& noJ100—------- --- --- — Dollars($4,5:;567.01? ), 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 OF TIIE FORECOIA'CbBt1CATIO.N IS SUCH, Thai WHEREAS, the above -bounden Principal has entered into a contract, dated 20th day of dilly , 19 81 with tire Obligee to do and perform the following work, to -wit: Playing field lighting for Dayer City Field and Ernest H. Gisler Middle School,, Project CC-545 NOW, 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 California, or amounts due tinder the Unemployment 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 the Franchise Tax Board from the wages of employees of the Principal or his sub -contractors pursuant to Section 18800' 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 bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by tire court. State of California County of Los Angeles 1 ss. On this day of 62 , 1911, before me personally came Arthur I Clement, to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of Covenant Mutual Insurr.nee Company, the Corporation described in and which orecuied the foregoing instrument; 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 granted to him in accordance with the By -Laws of the said Cor oration, and that he signed his name ,.thrrte#a�hy,�.lika..auth��C� SEAL 11 (Notary Public) Wu /,.or. 7, 19"t F lissistant City Attort'itv,- rZ group COVENANT MUTUAL INSURANCE COMPANY CONTRACT BOND — CALIFORNIA PAYMENT BOND KNO^IV ALL AIENBY THESE PRESENT Q�9"h rail+rial' AV, anf Bond No, 012662 t we, `Mel Sinit=h FE�ectr_ir' Inc and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and, existing under the laws of the State of Connecticut and authorized t61'ransact surety business in'the State of California, as Surety, are held and 'firriily bound unto ri il�rnt qf:011 Ruch -, as Obligee, in the sum of Fob ive thiiiisxnd five ht,6 red sixty seven & noj1DL-* ------- - ..__-- __---__-- — ---------- - Dollars (5 L567.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bindthemselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated 20th day of July 19 81 with the Obligee to do and perform the following work, to -wit: Playing field lighting for Dreyer City Field and Ern:.:-t H. Gisler Middle School, Project CC-545 NOW, THEREFORE, if the. above -bounden Principal or'..;s subcontractors fail to pay aw, -)f the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance rode with respect to work or labor performed by any such ciaimant, or any amounts required to be deducted, withheld ;,.,id paid over to the Franchise Tax Board from the wages of employees of the Principal or his subcontractors 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 bond, and also, in case suit is brought upon this bond, a reasonable 3ttorney's fee, to be fixed by the court. This bond shall inure to the benefit of any 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 a right of action to them or their assigns in any suit brought upon this bond. Signed, scaled and dated thus 3rd day of August 19 81 ?� No premium is charged for this bond. 1t is executed in -onnection with a bond for the performance of the i ' PPROVE.ri AS TO FORM t W t • Attorney By ' Assistant City Attorntxr; Mel Smith Electric Inc. bLx C��, L; ' { j -1 Co/rE_ . MU�UAL INSUIZA (7E'COMPANY Arthur J. Cie, ent Jr. Attorney -in -Fact