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Sancon Engineering II, Inc. - 1998-06-01
� _vow sfi (oev. coa E- F/rlfl/10E Recoraea in the county of orange, cai ifornia Gary L. Granville, ►�/��y1E' L.t IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII /RecoAloeCeQ WHEN RECORDED MAIL TO: 19980639126 12; 17pm 09/23/98 CITY OF HUNTINGTON BEACH 005 14019686 14 23 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P.O.Box 190 Huntington Beach,CA 92648 - - - — -- -- NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to Sancon Engineering II,Inc.who was the company thereon for doing the following work to-wit: Sycamore Avenue Sewer Project-CC-1045 That said work was completed September 8,1998 by said company according to plans and specifications ; and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on �' Tuesday,September 8,1998. Z_d That upon said contract Insurance Company of the West was surety for the bond given by the said 1CF company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 16"day of September,1998. City Clerk and ex-off-eio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do herebycertify 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 16"day of September,1998. / City Clerk and ex-offtcio Clerk of the City Council of the City of Huntington Beach,California *�4 E City of Huntin g ton Beach 0,11 INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC ire &W I q� DATE: 5 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. VIL ELLA, Director of Finance certify that no stop notice are on file on the s ject at this time. Date: // 9 �� P(,,___11O BERT F. BEARDSLEY, Pu lic Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, Clerk 1 certify that there are no outstanding invoices on file. Date: 4SHI F D NRICH, City Treasurer 10% Retention Payment 09/03/98 7:47 AM DECLARATION OF SATISFACTION OF CLAIMS I, SAwcod 464 «/fgJ2 '111�"Jr , state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled -5V4"` A6 AW-4" A c j—, and dated 8 f 2!/Q8 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at AA-N 'YK w . on this 26 day of Ay ws7— , 1990 V (Signature of C ntractor) g:cc`.cashcon2 :t Y. City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CG— �o VS .5)"4AZ404F Ay�< �S"AA J*0J-Lcr Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing 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 laborer,mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. e-� oAtV r 1 Signature and Title g:cc cashconl I have received Maintenance Bond No./55 92 23 M, Insurance Company of the West. Re: CC-1045—Sancon Engineering II. Inc. —Sycamore Avenue Sewer Project. Dated: 7 j 071 By: ♦ 1tJ MAINTENANCE BOND INSURANCE COMPANY OF THE WEST P.O. BOX 85563 -SAN DIEGO,CALIFORNIA 92138-5563 (619) 546-2400 (800) 532-3702 Bond No. 155 92 23 M KNOW ALL MEN BY THESE PRESENTS: That, SANCON ENGINEERING II , INC . as Principal, and INSURANCE COMPANY OF THE WEST a corporation orgar.s=ed under the laws of the State of IF OR N I e._--- CALIFORNIA CA� T -- .,-r- and authorized to do a surety business in the State of as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH in the sum of, THIRTY—EIGHT THOUSAND ,THREE� 14UNDRFD TUIRTY DOLLARS----------------------------- 38 ,330 .00 of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this AUGUST 24, 1 9 9 8 — WHEREAS, on the JUNE 1 , 1998 the said SANCON ENGINEERING I I , INC . as contractor, entered into a contract for SYCAMORE AVENUE SEWER PROJECT #CC-1045 for the sum of thirty—eight thousand , three hundred thirty dollars ($ 3 8 , 3 3 0 . 0 0 ), and, WHEREAS, under the terms of the specifications for said work, the said S AN C 0 N E N G I N E E R I N G I I , I N C . is required to give a bond for THIRTY—EIGHT THOUSAND - THREE HUNDRED THIRTY DOLLARS ($3 8 , 3 3 0 , 0 0 ), to protect the CITY OF HTTNTTNGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of sarne, namely, until S E P T MB R R 7 . 1 9 9 9 NOW, THEREFORE, if the said SANCON ENGINEERING II , INC. 'hall for a period of one year from and after the date of the completion and acceptance of same by said CITY OF H U N T I N GT O N BEACH replace any and all defects arising in said work whether resulting from defective materials or detective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SANCON ENGINEERI G II , INC . INSURANCE COMPANY THE WEST By Michael/R. L ngan , —orney in fact ICW-CAL-138 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On 8.19 4.19$ before me, Mar3r G Am1 ri, Mnt,,r P„h1 is DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Michael R. Langan NAME(S)OF SIGNER(S) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persona) whose name4) is/axe subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/ k ftk authorized capacity(teRp, and that by his&yffirJdaaCKx signaturef. on the instrument the persogq or the entity upon behalf of which the twwwwwwwwww��wNwwwwww��w���N personal acted, executed the instrument. z MARY S.AMIR1 a R COMM.#1178731 s NOTARY PWLIC-CALIFORNIA s WITNESS my hand and officia eal. 2 LOS ANGELES COUN1Y 2 _ � My Comm.Expires April 5,2002 0 ��I�ww�w��w��Nw•www•Nw64609006w660 SIGNATUA OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Maintenance bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 8.19 4.4 Q R DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance Company of the Weer* SIGNER(S)OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November,1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 2nd day of May 1995 . �4t�oµP W►o`r: INSURANCE COMPANY OF THE WEST 84 it C4tjFofA1' STATE OF CALIFORNIA *Johnannum,Senior Vice President SS. COUNTY OF SAN DIEGO On May 2nd,1995 before me, personally appeared John L Hannum,Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted,executed the instrument. WITNESS my hand and official seal. - - - - - - - - - - - - - - - - - - - - - NORMAPORTER COMM.#952644 n N_SANNRY DIE TYRNtAA i V r IJ�/Cormnission '` Notary Public JANUARY 14.1� CERTIFICATE: I,E.Hamed Davis,Vice President of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Vice President,on this 2 4 t h day of August 1998 ?4�GOY►AN►pffy INSURANCE COMPANY OF THE WEST aa��oO1VoMr"'4 `u10""M E.Hamed Davis,Vice President ICW 37 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange } -PUBLIC NOTICE Bred unless it is mado-on a form furnished by the wiry I am a Citizen of the United States and a NOTICE INVITING of Huntington Beachan4 is; SEALED BIDS made in accordance; with resident of the County aforesaid; l am for CC-1045 the provisions of the pro-1 ommunity POsal requirements. C over the age of eighteen years, and not a Deaopmsnity ao= bidder must be It-;* Grant Funded Project censed and also pgequali- p a rty to or interested in the below Lied as required by law. Notice is hereby given The City Council of the:! entitled matter, I am a principal clerk of that sealed bids will be re- City of Huntington Beach'j p p ceived by the City of Hun- reserves the right to reject tington Beach at the office (' the HUNTINGTON BEACH INDEPENDENT, a of the City Clerk at City any or all bids. Hall, 2000 Main Street, BY order of the City Ci un- news pa er of general circulation printed Huntington Beach, Califor- B ctheCityofHunting P g P Beach,California the 61 of nla, until the hour of 2:00 Aprif 1998 and u lished in the City of Huntington PM on Tuesday, May 12, P `7 b` Connie Brockway, ! 1998, at which time bids � B each, County of Orange, State of will be opened publicly and City Clerk California, and that attached Notice is a read aloud in theaCouncil- lark,. ey the City Chambers for the S Clerk City of Hun- camore Avenue Sewer tington Beach true and complete copy as was printed Project located in the City 2000 Main Street,l of Huntington Beach. Huntington Beach, CA,! and published in the Huntington Beach This is a Davis-Bacon 9264s project and the Federal Published Huntington and Fountain Valle issues of said Regulations will be en- g y forced. Any contract an. Beach-Fountain Valley In- tered (! newspaper to wit the issue(s) of: nook into pursuant t this dependent April 18,23,30, 'notice will incorporate the 1998 '. provisions of the Federal 043.320! Labor Standards,which are on file at the Office of the - Director of Public Works, 2000 Main Street, Hun- tington Beach,CA 92648. A set of plans, specifica- A p r i l 30, 1998 tions, and contract docu- ments may be obtained starting Wednesday, April 15. 1998 at City Hall, De- partment of Public Works upon receipt of a non- I declare under enal of er that refundable fee of$100, if r p � u p � Cyr picked up or $15.00 if mailed, t the foregoing is true and correct. Each bideshallll�beumade on the Proposil Form pro- vided in the contract docu- ments,- and shall be ac- companied o n p 199 n cam penis by a certified d April i l 3 0 ! 9 7 8 cashier's check or a bid bond for not less than 10% at Costa Mesa California. of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall,in the per- formance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the,exception ' only of such variations that may be required under the i gn atu re special staftutes pursuant to Which proceedings hereun- der.are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be consid- NOTICE INVITING SEALED BIDS for CC-1045 Community Development Block Grant Funded Project Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on Tuesday, May 12, 1998, at which time bids will be opened publicly and read aloud in the Council Chambers for the Sycamore Avenue Sewer Project located in the City of Huntington Beach. This is a Davis- Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. A set of plans, specifications, and contract documents may be obtained starting Wednesday, April 15, 1998 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $10.00, if picked up or$15.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 6th of April 1998. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA, 92648 0031279.01 CITY CLERK OF HUNTINGTCITYON BEACH.CA N'S My 12 P 2. ol 0 o -Z ci Z I ow ow V3'H3V38 NOIONIINnH jo Allo A8313 A113 03AID3H COPIES TO: TAMMY GENEIL SYCAMORE A VENUE SEWER PROJECT CC-1045 May 12, 1998 2:OOPM BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt $ i 2. Colich & Sons $ 3. G. B. Cooke, Inc. $ 5 5 870 4. Sancon Engineering II, Inc. $ .3s 3 5. U-Liner West $ C J woo Page one of one iaiosvio (21 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 16, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion—CC-1045 Sycamore Avenue Sewer Project—Sancon Engineering II, Inc. (Telephone:714536-5227) r WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to Sancon Engineering I1,Inc,who was the company thereon for doing the following work to-wit: Sycamore Avenue Sewer Project—CC-1045 That said work was completed September 8,1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday,September 8,1998. That upon said contract Insurance Company of the West was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this 16"day of September, 1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-ofcio 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 16`h day of September, 1998. !�l7ytzG�i 4C/�i��cU City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California &r-,qRos`ey CITY OF HUNTINGTON BEACH MEETING DATE: September 8,1998 DEPARTMENT ID NUMBER: PW 98-075 Council/Agency Meeting Held: O.An? J1* 61049. 6 D Deferred/Continued to: Qw&(14d Appr-oved ❑ Conditional) pproved A Denied bavwY My Clerk's Signature Council Meeting Date: September 8,1998 Department ID Number: PW 98-075 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Z -H SUBMITTED BY: RAY SILVER City Administratora4P ? PREPARED BY: 00ROBERT F. BEARDSLEY, Director of Public Work >� cr ca DAVID C. BIGGS, Director of Economic Development M a 3> SUBJECT: Accept The Sycamore Avenue Sewer Project; CC1045 and File a Notice of Completion IFStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sancon Engineering, Incorporated, has completed its contract for the construction of the Sycamore Avenue Sewer Project. Fundina Source: Sufficient Community Development Block Grant funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Sycamore Avenue Sewer Project at a final cost of $39,580 and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On June 1, 1998, Council awarded a contract to Sancon Engineering, Incorporated, in the amount of $38,330. The adopted project budget also included $3,833 to cover potential change orders and $4,000 for supplemental expenses, for a total of $46,163 to construct the Sycamore Avenue Sewer Project. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion . 32179.doc -2- 08/20/98 9:39 AM �-_ I 1 � REQUEST FOR COUNCIL ACTION MEETING DATE: September 8,1998 DEPARTMENT ID NUMBER: PW 98-075 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $38,330 $38,330 2. Change orders: 3,833 1250 Subtotal: $42,163 $39,580 3. Supplemental Expenses: 4,000 400 Total: $46,163 $39,980 One change order was issued for this project: Environmental Status: Not applicable. Attachmentlsl: City Clerk's Page Number No. Description RCA Author: Charlonne 32179.doc -3- 08/20/98 9:39 AM s RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Sycamore Avenue Sewer Project; CC 1045 and File a Notice of Completion COUNCIL MEETING DATE: September 8, 1998 MCA ATTACHMEIT STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) -(Signed in full by the City Attorne Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION.FCjR MI.88it4�b i4-t-TACHMENTS. REVIEWED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk .EXPLANATION FOR RETUR O ITEM; SpaceOnly) RCA Author: Charlonne ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM DATE: „Tr4he TO: � � _s7q''2d�;12a ZiJc . ATTENTION: Name 586�1 DEPARTMENT: Street i/14fd» �Pa11�i LEA 9.� ro'1� REGARDING: r1.0/�,Q e4ae-- City,State,Zilij jd.4—/O1/C'' See Attached Action Agenda Item Date of Approval 4—1— 378 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement�z Bonds ✓ Insurance RCA Deed Other Remarks: CC: oaeue Name J Department RCA Agreement Insurance Other DQ W F lm l pew. b-' +— ti lords Name Department RCA Agreement Insurance Other .`tfet/e k ie4er' .�7Pcc� ✓ _,��r5 Name Department RCA Agreement Insurance Other &,Ph Ai divz Adm,Sep-+vices t,- &.-1 ,81"66 Risk Management Department Insurance Copy ✓ G:Fol I owup/agrmts/transltr (Telephone:714-536-5227) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON ENGINEERING ll, INC. FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS (CC-1045) THIS AGREEMENT is made and entered into on this 1st day of June 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., SANCON ENGINEERING, ll, INC., a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the construction of sewer improvements (CC-1045) in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 1 g:agree:PDA/k/Sancon/5/26/98 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 2 g:agree:PDA/k/Sancon/5/26/98 CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, 3 g:agree:PDA/k/Sancon/5/26/98 including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 4 g:agree:PDA/k/Sancon/5/26/98 C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Thirty Eight Thousand, Three Hundred Thirty Dollars ($38,330) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 5 g:agree:PDA/k/Sancon/S/26/98 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within fifteen (15) working days, including pipe delivery, from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work 6 g:agree:PDA/k/Saneon/5/26/98 necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; 7 g:agree:PDA/k/Sancon/5/26/98 and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, 8 g:agree:PDA/k/Sancon/5/26/98 which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where 9 g:agree:PDA/k/Sancon/5/26/98 appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 10 g:agree:PDA/k/Sancon/5/26/98 If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including 11 g:agree:PDA/k/Sancon/5/26/98 apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12 g:agree:PDA/k/Sancon/5/26/98 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the 13 g:agree:PDA/k/Sancon/5/26/98 registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination 14 g:agree:PDA/k/Sancon/5/26/98 which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan 15 g:agree:PDA/k/Saneon/5/26/98 or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; 16 g:agree:PDAWSancon/5/26/98 That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17 g:agree:PDA/k/Sancon/5/26/98 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Dollars ($200) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. 18 g:agree:PDA/k/Sancon/5/26/98 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19 g:agree:PDAWSancon/5/26/9 R 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4_) of this paragraph. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS. (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such 20 g:agree:PDA/k/Sancon/5/26/98 conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 21 g:agree:PDA/k/Sancon/5/26/98 When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in 22 g:agree:PDA/k/Sancon/5/26/9 R connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 28. WORKERS' COMPENSATION INSURANCE. Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 23 g:agree:PDA/k/Sancon/5/26/98 CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE. In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 24 g:agree:PDA/k/Sancon/5/26/98 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or 25 g:agree:PDA/k/Sancon/5/26/98 makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON-ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26 g:agree:PDA/k/Sancon/5/2 6/9 8 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 37. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 27 g:agree:PDA/k/Sancon/5/26/98 39. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. 28 g:agree:PDA/k/Sancon/5/26/9 R The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. 29 g:agree:PDA/k/Sancon/5/26/98 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be 30 g:agree:PDA/k/Sancon/5/26/98 required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 31 g:agree:PDA/k/Sancon/5/26/98 47. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 48. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has 32 g:agree:PDA/k/Sancon/5/26/98 filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION; LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in Paragraph (52) of this Agreement, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (52) of this Agreement, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (52) of this Agreement. 33 g:agree:PDA/k/Sancon/5/26/98 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. REST OF PAGE NOT USED 34 g:agree:PDA/k/Sancon/5/26/98 56. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SANCON ENGINEERING II, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California B� Nick DiBene tto, President By: �' ayor Debera Di Benedetto, Secretary ATTEST: all REVIEWED AND APPROVED: City Clerk APPROVED AS TO FORM: 0,tAity Administrator lot y� ity Attorney �- INITIAT AND APPR VED: K�� �, / / Director of Oublic eorks 35 g:agree:PDA/k/Sancon/5/2 6/9 8 { ' SECTION C XHIRI A for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No. 1045 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 15 working days, including material and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump suin prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 r i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option,be considered null and void. Accompanying this proposal of bid, find 8ia in the amount of$ A- of di-9 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Sign u C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price --Extended No. I Quantity written in words Unit Price Amount 1 870 Line 8"host pipe per Specs. 040 ap lin ft @ i wf-,V:)/ i{ eML DoUars $.:,V $.2.5 _ /� oo Cents Per lin ft 2 50 Point repair host pipe per Specs. 00 00 lin ft @ &Wj A&AjZA&-*> SXTY `lV£ — Dollars $ S $ /4(p�o o Cents Per lin ft 3 1 Traffic control per Specs o� lump sum @ Tl fh�NDl.LGo — Dollars $ ;W $ a� /No/o o Cents Per lump sum 4 1 Mobilization of equipment&materials($1,250 max) Op O lump sum @ 77bF /i'4NDAA66 Dollars $ o o ' $ 30 0 ,yo Cents Per lump sum 5 3 Coat emstmg manhole per Specs each @ .s�tW /-41 y,*ef,D A"Al Y Dollars $ 7S0 S-0 Cents Per each G 1 Demobilization of equipment&materials($1,250 max) p0 00 lump stun @ -r4 7 /A"VPA" ollars $ 3o0 r $ — No�ioy Cents , Per lump sum 7 18 Re-open service laterals per Specs. uo each @ 4Nf— f A?A40' R�iD I Dollars $ 1,9C7 $ /, $oo A 0110- Cents Per each 8 NOT USED @ Dollars $ $ Cents Per e= Total Amount Bid in Figures: $ 3$ 3 3 0 Total Amount Bid in Words: �fj,�� �14ff 171Pa5/bi 40 �ftr v��2E _............................................... .... . ?1f1 . ....... �,2�1f�v iva�.rn Doc.-c..A-f�.s C-1s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Mi�rrh-oN�s CoNSr�i'sc�v C-r.� yi'�. m.vf P-a_ o., 9.� cfri 6f 191715--cvy By submission of this proposal,the Bidder certifies: 1. That he is able to and wiII perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is DES/Dfiy? of 72. �Nc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or .to any member or agent thereof to effectuate a collusive or sham bid. �}NGonl fin/y�NEER/•�/C� .� ?-s�G. Name of Bidder 1-7 Signature of Bidder SS�i �✓Gi.�rE�e D.e,��� Address of Bidder Subscribed and sworn to before me this ? h day of GS, 19 PEGGY E.SCANLON COMM.#1063536 Z Z .'� ,Notory Public—California ORANGE COUNTY •• My comm.Expires JUL 2.1999 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC- 1045, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. S�rc��! ���i�/��2i•vy Zr- �c Contractor oe By Title Date: C-5 • M DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes (WINO If the answer is yes, explain the circumstances in the space provided. 1 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. SA�JGoN �N�j i�EE.eiN� .fit f si✓c. Contractor B i Title Date: C-7 r UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working.days before scheduled excavation. Dig Alert Identification Number: i Contractor By Title Date: Note: This form is required for every Dig Alert Identijilcation Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: .CTi�/Go�l Bidder Name S8 / Enl�s I V4" - Ae . Business Address Al—,Tr BC14 CAA . 92G�y City, State Zip c7�� � Syr— z323 Telephone Number -73179Z A State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by ag `1✓iJ6 of our office on 1 ,41 7 , 1991. The following are persons, firms, and corporations having a principal interest in this proposal: /S`�GKN ,��,s C-9 r , " The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder /CK D,1gf_NEN7-7b Printed or Typed Signature � �h Subscribed and sworn to before me this t!day of Mat, , 1999' . PEGGY E.SCANLON comm.*Mum z QpNoORANGEcryZt Public—Califomlo COUNTY y Comm.Expir93 JUL 2,1999 NOTARY PUBLICPUW NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1• C17-Y Of- BUAA 7 MAX 66So AF404 $c_VL0{ B P/YR'. GA . 5•0 6 tZ Name and Address of Public Agency Name and Telephone No. of Project Manager: YAI.+V 17,1-mA3 07i5�) 4-62- 368Z. 0 2 o7, /Z.' P/PE 4.1n411lI g/I 07 Contract Amount Type of Work Date Completed 2• 4os &6("<CounlrV - j)Pcy Soo S. f,¢E,nr-Vr Name and Address of Public Agency AwH-�'+dAA, , 9i802. Name and Telephone No. of Project Manager: Dom/ fl�6gLD �gl4) `d g -312 2. $73 y, ssso Pie6 4,1AhA1 q- -7/8/9 Contract Amount Type of Work Date Completed 3. C)Ty aF Lo.S 4;s466LgS 63S-0 cd000c.4/ *VZ rn—LAOW u�RP Name and Address of Public Agency ✓AW nVlly-r, cA • -F,,fco& Name and Telephone No. of Project Manager: V.4 YN16 -59a4,7'?- (910 7SG, -9i o y '*5Z•`f, Contract Amount Type of Work Date Completed C-10 to SECTION C PROPOSAL for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No. 1045 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 15 working days, including material and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 if awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Sic> in the amount of$ A of dip which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Sign u C-2 PROJECT BID SCHEDULE Item Estimate Item with unit price Extended No. Quantity written in words Unit Price Amount 1 870 Line 8"host pipe per Specs. v� ca lit ft @ ' l y��/'y /V<N� ollars $ �,.� /1,40v Cents Per fin ft 2 50 Point repair host pipe per Specs. 00 dolin ft @ W44t A/VE — Dollars $ 16S $ Nb/a o Cents Per lin ft 3 1 Traffic control per Specs. 040 o" lump sum @ ?to /I wOA40 - — Dollars $ 200 r $ /V-//o a Cents I Per lump sum 4 1 Mobilization of equipment&materials($1,250 max.) 00 lump sum @ 77bW #'' Aliw b Dollars $ v 0 $ 'yo Cents Per lump sum 5 3 Coat existing manhole per Specs. each �- @ .5;wZw 11u.VAef-D Ff rY Dollars $ 7S'� $ ;2 S-0~ Cents Per each 6 1 Demobilization of equipment&materials($1,250 max.) 00 Op lump sum @ TAd-Aa 1,0�11AAQA," Dollars $ ;v0 $ 3 C ea F M- 00 Cents Per lump sum 7 18 Re-open service laterals per Specs. ao each @ 4Nf— /'w.-/DA4f D —' Dollars 1,90 $ �, ;00 Cents Per each 8 NOT USED @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 3$ 3 a Total Amount Bid in Words: Tjfle-7+f 414# ?Th:,rss/WD ��.` ®uu vvQ�-� C-1s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number Mi�tnyo.�Tft GvNsn�+sc-TsviN �r,� y.��t_ 4/71S-ODy By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange /V/GK Di��f�/� T%D , being first duly sworn, deposes and says that he or she is P-'fS/AEN-r of 5^4r-oy 4441,vE44,A/4 jr-,:2,yc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ..5A-&V1C-0AI AV41,V41KAVA/1.ILA WC-. Name of Bidder Signature of Bidder ,�$5�i E.✓G�N��E.e D.�rd� A&W a,!:,q- CA, 72(o 9 Address of Bidder Subscribed and sworn to before me this h day of 19�— . PEGGY E.SCANLON COMM.i 106MM z z ;` .'Notary Public—Califom10 ORANGE COUNTY My Comm.Expires JUL 2.1999 NOTARY PUBLIC �, f i' NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC- 1045, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By S1D�n1 7- Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes (W/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 54-4,Con/ Contractor By Title Date: Z 9,9 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip (-7'Y" 2323 Telephone Number r � -731797 A State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by ag "441114 of our office on /yNWY 7 , 199 d. The following are persons, firms, and corporations having a principal interest in this proposal: Y C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 7 Signature of Bidder N/GK Di A6W4X 7-M Printed or Typed Signature h Subscribed and sworn to before me this day of , 199�C' . PEGGY E.SCANLON COMM.*IOWSM z Z e` :o Notary Public—California ' ORANGE COUNTY ^" My Comm.Expires JUL 2.IM NOTARY PUBLIC , NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. G/z'y a/- _BU-4WA PARK 66So A404 54-V-D{ 8,,ee✓# oWK, C% . 4',2 6 z.2- Name and Address of Public Agency Name and Telephone No. of Project Manager: 17,4-•wA3 (7i'�)SJ'2- 3682- Z o7. /Z-S' PIPE 4J411 J g// 9/97- Contract Amount Type of Work Date Completed 2. 4oS 4N66aSC,,uNty - pej%j 1900 S. fg""VT' AyF - B Fc,aaR Name and Address of Public Agency AwH!- a.¢A; . 9igo z. Name and Telephone No. of Project Manager: D4W h%ALD �g/g� 4S8 -3/22. 157 s10 -7/g/9 Contract Amount Type of Work Date Completed 3. Ciry of Los gal6,(-cjS 63,So u/ooaLw/ Ave- rn-L.,�" zyeP Name and Address of Public Agency ✓AW y-f, CA . Name and Telephone No. of Project Manager: 414,1i,16 (9/1)7SL -91 o/ pep PIPE Li�IiNC� /�7/9$ Contract Amount Type of Work Date Completed C-10 BOND #148 65 68 INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS. That we, SANCON ENGINEERING II, INC. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of Tan narcent of he total amount of the bid in ---------- Dollars ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated Mai+ 1?th, 1999 for Sycamore Avenue sewer rehabilitation project cc-1045 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said principal and said Surety have caused these presents to be duly signed and sealed this 4th day of May 19 98 SANCON ENGINEERING II, INC. C 2�2 INSURANCE COMPANY OF HE WEST By MICHAEL X. LA I GAN Attorney-in-Fact ICW CAL 120 (7/90) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On May 4th, 1998 before me, Katherine L. Banks, Notary Public DATE NAME,TITLE OF OFFICER•E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(a) is/zce subscribed to the within instrument and ac-. knowledged to me that he/Ov&4#W executed the same in his/#sex. authorized capacity(", and that by 'his/h*o signature(g) on the instrument the person(s), KATHERINE L. BANKS or the entity upon behalf of which the Comm.A 1171810 IA person(s) acted, executed the instrument. u1 `s NOTARY PUBLIC•CAL{FORNIA V1 Los Angeles County .. 4!y Comm. Expires Jan.3t,2002 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One El'ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: May 4th, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance Corrlpany Of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 The Explorer Insurance Company HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE EXPLORER INSURANCE COMPANY,an Arizona Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,THE EXPLORER INSURANCE COMPANY has caused these presents to be signed by its duly authorized officers this 2nd day of May 1995 v1su.9 THE EXPLORER INSURANCE COMPANY 1-0 SEAL_ O N A�,•D� �yl Aar STATE OF CALIFORNIA SS. John L.Hannum,Senior Vice President COUNTY OF SAN DIEGO On May 2nd, 1995 before me, personally appeared John L.Hannum,Senior Vice President of THE EXPLORER INSURANCE COMPANY,personally known to me to be the individual and officer who executed the within instrument,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation,on behalf of which he acted,executed the instrument. WITNESS my hand and official seal. NORMA PORTER COMM.#952644 n 1 NOTARY PUBLIC-CALIFORNIA ji, L Notary Public pml SAN DIEGO COUNTY n V � =-}-✓ My Commission ExppIres CERTIFICATE: JANUARY 14,1996 1, Alden F. Miller, III,Assistant Vice President of THE EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Assistant Vice President,on this 4th day of May 1998 XNSU# THE EXPLORER INSURANCE COMPANY p�4CP?0 �yA+F 6 SEAL_ O N A Alden F.Miller,III,Assistant Vice President EX P 37 v CITY CLERK CITY OF ENGINEERING INC. HUM I.dCTCR BEACH,CA 5841 Engineer Dr., Huntington Beach, CA 92649 • (714) 891-2323 sir art s S�e. 2 l sy � . r> I , "UA- �c � W �euCa CITY OF HUNTINGTON BEACH MEETING MEETING DATE: 06-01-98 DEPARTMENT ID NUMBER: PW 98-054 Council/Agency Meeting Held: f'i 1 q 'y Deferred/Continued to: C � J Approved ❑ Conditionally Approved ❑ Denied _ � — o City Clerk's Signature Council Meeting Date: 06-01-98 Department ID Number: PW 98-054 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL :o- MEMBERS/REDEVELOPMENT AGENCY MEMBER SUBMITTED BY: SILVER, City Administrator/Executive Director N PREPARED BY: 0. ARYL D. SMITH, Acting Director of Public Works. r C:1 DAVID C. BIGGS, Director of Economic Development c� C:�) SUBJECT: Accept Bid for Sycamore Avenue Sewer Project; CC- 1045.i m Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: On April 6, 1998, City Council authorized the "Call for Bids" for the Sycamore Avenue Sewer Project; CC-1045. On May 12, 1998, staff received bids and now request City Council to award the contract to Sancon Engineering II, Inc. Funding Source: Sufficient funds for the Sycamore Avenue Sewer Project are appropriated in CDBG account E-H R-E D-04 5-6-48-00. Recommended Action: Motion to: 1. Accept the bid submitted by Sancon Engineering II, Inc, 5841 Engineer Drive, Huntington Beach, CA 92649 And, 2. Authorize the Mayor and City Clerk to execute the contract for the Sycamore Avenue Sewer Project; for a total bid amount of$38,330, And, 3. Authorize the Director of Public Works to expend $46,163 to cover contract cost of $38,330, estimated construction change orders of $3,833 and anticipated supplemental expenses of$4,000. \ 1045 rca 2 accept contractor.doc -2- 05/19/98 8:10 AM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 06-01-98 DEPARTMENT ID NUMBER: PW 98-054 Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. If the Sycamore Avenue Sewer Project is abandon it would require the reprogramming of funds from the Community Block Development Grant (CDBG) program already awarded to the project. Analysis: Staff has completed its reference check for Sancon Engineering II, and has received favorable results from past clients. Sancon Engineering II, has worked for the City in the past with favorable results. On April 6, 1998, the City Council authorized the call for bids. Bids were received on May 12, 1998. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. Sancon Engineering II,' Inc., $38,330.00 2. U-Liner West $41,800.00 3. G.B. Cooke, Inc.. $55,870.00 Therefore, staff recommends that the Council accept the bid from Sancon Engineering II. The engineer's estimate for this project was $48,500, which is approximately 21% higher than the bid of Sancon Engineering II. Environmental Status: The Sycamore Avenue Sewer Project does not constitute a "project" as defined by State CEQA guideline, Calif. Admin. Code, §15378, nor as defined by the California Environmental Quality Act, Calif. Pub. Res. Code, §21065. Therefore, the recommended action is not subject to provisions of CEQA. This project is also categorically excluded for environmental review under 24 CFR part 58, section 58.35 (a) (1) (ii) of the National Environmental Policy Act of 1969 (NEPA). Attachment(s): NumberCity Clerk's Page Description Location Map RCA Author: S. Krieger 1045 rca 2 accept contractor.doc -3- 05/21/98 10:36 AM PROJECT LOCATION WARNER AVE. CA MORE AVE. �I z J (/) cn o Q U C YPRESS A VE. Q �J m s= 0 0 co s 0 0 CL w NOT TO SCALE 2 s 0 a [PlotStamp Eval] G:\ACAD\KRlEGER\SYRCAMAP LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS I received the Payment Bond and the Performance Bond issued by Insurance Company of the West for Sancon Engineering II, Inc. Dated: l a y F/ By: This is for the Sycamore Avenue Sewer Project; CC-1045. Please release bid bonds. Bond No. 155 92 23 INSURANCE COMPANY OF THE WEST i.C.W.PARK P.O.BOX 81063 SAN DIEGO,CALIFORNIA 92138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING II, INC. (hereinafter called "Principal") as Principal, and Insurance Compsny of the West a corporation organ- tjted and sxisting'under the laws of the State ot_ 0womia „ and authorized to transact business in the State of CALIFORNIA (hereinaftei called "Surety"), as Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called "Obliges'), as Obliges, in the penal sum of THIRTY EIGHT THOUSAND, THREE HUNDRED THIRTY DOLLARS Dollars (08,330.00 ), good and lawful money of the United States of America, for iFe payment o w tc , well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors,and assigns,jointly and severally, firmly by these presents. Signed, Sealed and Dated this 10th day of June ' 1298 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the day of .19 for Sycamore Avenue Sewer Project; CC-1045 which contract is hereby referred to and made a part hereof as fully and to the some extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION 1S SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and *very, all and singular, the matters and things in said contract set forth and specified to be by the said principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above-named Obligee, all loss and damage which said Obliges may sustain by reason of failure or default on the part of said Principal, then this obligation shalFbe void, otherwise to be and remain in full force and effect. SANCON ENGINEERING II, INC. Principal INSURANCE COMPANY O THE WEST Surety By Michael R. Lang , Atto y-in-Fact ICW-GL322 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ►o.ss07 State of California County of Los Pngeles On June 10, 1998 before me, Mary S . Amiri - Nota.ry public DATE NAME,TITLE OF OFFICER-E.G.,"JANE ME,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) - El personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aria subscribed to the within instrument and ac- knowledged to me that he/O executed the same in his/iTevftftair authorized capacity(liwo, and that by his/heoMuDii signature(u) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. $•°•°•••••••••••••••••••••••••••••••; WITNESS my hand and official seal. ° MARY S.AMIRI Q COMM.#1178731 8 NOTARY PUBLIC-CALIFORNIA S LOS ANGELE$COUNTY 2 GNA E OF NOTARY ° My Comm Expires April 5,2002 sec;e:cccseo�aen•eeeeeseeeeeeeeeseeeee OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond # 155 92 23 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 10, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYpES) Insurance ConpanY of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO.CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attorney(s)-in-Fad,with fug power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship ofa similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November,1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contrails of suretyship of a similar nature:and to attach thereto the seal of the Company: provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such ofiioers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duty authorized officers this 2nd day of May 1995 4�con�argl INSURANCE COMPANY OF THE WEST s STATE OF CALIFORNIA John L Hannum,Senior Vice President SS. COUNTY OF SAN DIEGO On May 2nd,1995 before me, personally appeared John L Hannum,Senior Vie President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted,executed the instrument WITNESS my hand and official seal. r "• �ORMK PORTER#95244 6 O ro MARY i j'AA '" r ' Notary Public 0 It CERTIFICATE: 14,1 I,E.Harried Davis,Vice President of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Vice President,on this 10th day of June 1998 c�coM'""►o�f INSURANCE COMPANY OF THE WEST s a ��•�M►tn ft ' E.Harried Davis,Vice President ICW 37 PAYMENT BOND—PUBLIC WORKS Bond No. 155 92 23 INSURANCE COMPANY OF THE WEST HOME OFFICE•SAN DIEGO KNOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING II, INC, as Principal, and Insurance Company of the West ,incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named In California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of THIRTY EIGHT THOUSAND, THREE HUNDRED THIRTY DOLLARS-------------------- ------------------------------------------------------------------------ Dollars, ($38,330.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and 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 . 18 , with the City of Huntington Beach to do the following work, to-wit: Sycamore Avenue Sewer Project; CC-1045 Now, Therefore, if the above bounden Principah contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code,Sections 3247-3252 inclusive,and all amendments thereto. Signed and Sealed this 10th day of June , is98 ;CON ENGINEERING II, INC. Principal INSURANCE COMPANY OF THE WEST urety . By ' Michael R. La an, Attorney-in-Fact ICW-CAL-123 E � _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On June 10, 1998 __ before me, Mary S . Amiri - Notary public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC personally appeared Michael R. Langan NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/am subscribed to the within instrument and ac- knowledged to me that he/OVS#W executed the same in hisftnAivabc authorized capacity(WO, and that by his/iaeotfimir signature(Is) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. oaeosoo-ooeeeeseeeoeeeeeeeeeeeeeeeee� • MARY S.AMIRI a WITNESS my hand and offic' I seal. R COMM.#1178731 A S NOTARY PUBLIC-CALIFORNIA S - 2 %'� LOS ANGELES COUNTY 2 ' e My Cmm.Expires AM 5,2002 ieaoxemooes000cooseeeeoeeeeeeeeeeeee� SIGN URE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Payment Bond # 155 92 23 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL nnP ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 10, 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance Company of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)in-Fact,with U power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contrails of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November,1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Cornpany,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers cartifying the validity of the Pourer of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF,INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 2nd day of May 1995 �owrurrP�� INSURANCE COMPANY OF THE WEST s a ��p�tm4r� .. 44ft STATE OF CALIFORNIA 6PJohn L Hannum,Senior Vice President SS. COUNTY OF SAN DIEGO On May 2nd,1995 before me, personally appeared John L Hannum,Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instnmnent,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted,executed the instrument. WITNESS my hand and official seal. ., W PORTER NDT f�M.��1� Mw ci CERTIFICATE: Notary Public JIWUARY t4.i I,E.Hamed Davis,Vice President of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF,I have subscribed my name as Vice President,on this 1 Oth day of June 1998 �oo'"'""►or INSURANCE COMPANY OF THE WEST %1OW* E.Hamed Davis,Vice President ICW 37 1 � - �ORG?�, LATE(MMfDDiYY) 09/23/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION -ONLY AND .CONFERS -NO -RIGHTS -UP;ON THE .CERTIFICATE Eastman& ComprInsokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2550 N Hollywood ye 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Burbank,CA 91505-1055 COMPANIES AFFORDING COVERAGE COMPANY A Valley Forge Ins Co INSURED COMPANY Sancon Engineering H,Inc. B Transportation Insurance 5841 Engineer Drive COMPANY Huntington Beach,CA 92649 C American Casualty Company COMPANY JHM D Continental Casualty THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MMMD/YY) A GENERAL LIABILITY GENERAL AGGREGATE_ S 2,000,000 97)C01029147116 08/01/97 08/01/98 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 11000,000 I.KIN 7 CLAIMS MADE Fx_1 OCCUR PERSONAL&ADV INJURY $ 1000 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000 00 FIRE DAMAGE(Any one lire) S 50,000 MED EXP(Any one Person) $ $000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 QQQ,000 X ANY AUTO 97BUA1029144748 08/01/97 08/01/98 ALL OWNED AUTOS ^+ ^.�Tr r q '"0 FORM ,1.�.�.x .,L•:,,� , y�M BODILY INJURY $ SCHEDULED AUTOS //rr (Per parson) X HIRED AUTOS :•� BODILY INJURY Per acMent) S X NON-OWNED AUTOS ( L� PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE $ C EXCESS LIABILITY 97CUP1036526482 08/01/97 08/01/98 EACH OCCURRENCE $ 4,000,000 pqUMBRELLA FORM AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND y1TATffUj - >� ;4y •, `.. °'�}' EMPLOYERS'LIABILITY W CC155939922 10/01/97 10/01/98 EL EACH ACCIDENT $ 1.000.000 THE PROPRIETOR/ INCL EL DISEASE.POLICY LIMIT $ 1000 000 PARTNERS/EXECUTIVE OFFICERS ARE: RX EXCL EL DISEASE-EA EMPLOYEE S 1000 000 OTHER DESCRIPTION OF OPERATIONSA.00ArONS/Vt[CLESISPECIAL ITEMS The City of Huntington Beach,its agents,officers and employees as additional insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 11=011=03= MAIL 2000 Main St. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Huntington Beach,CA 92648 EDflfPRESENTATIVE RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: ACCEPT BID FOR SYCAMORE AVENUE SEWER PROJECT; CC-1045 COUNCIL MEETING DATE: June 1, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWEO' RETURNED roRWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURIVD ITEM: (BelowOnly) RCA Author: S. Krieger City Clerk's Office -- Records Division -- File Guide New Files -' Category Label Meeting Date: - 01 (Alpha) (Numeric) NOTES: After File Folder is Completed, please check here ❑ and return this form to Evelyn.- i Council/Agency Meeting Held: 4Z011 (000. (00 Deferred/Continued to: M Approv ❑ Co d*tionall proved ❑ Denied PuN Ci lerk's Signature Council Meeting Date: 04/06/98 Department ID Number: PW 98-032 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS`"-' ' SUBMITTED BY: RAY SILVER, Acting .City Administrator/�V � c� PREPARED BY: "DARYL D. SMITH, Acting Director of Public Works > DAVID C. BIGGS, Director of Economic Development APPROVE SYCAMORE AVE. SEWER REHABILITATION PROJECT- SUBJECT: CC-1045 Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s). . Statement of Issue: Request the approval of the final plans and specifications, and authorization to advertise for competitive bid for the Sycamore Avenue Sewer Rehabilitation Project; CC-1045. Funding Source: Sufficient funds for the Sycamore Avenue Sewer Rehabilitation Project are appropriated in CDBG account E-HR-ED-045-6-48-00. The Engineer's Estimate is $58,500 for construction of this project. Recommended Action: Motion to 1. Approve the attached sample contract subject to award of contract to the lowest responsive / responsible bidder. And, 2. Approve final plans and specifications, and direct the City Clerk to advertise the Sycamore Avenue Sewer Rehabilitation Project for bid. REQUEST FOR ACTION MEETING DATE: 04/06/98 DEPARTMENT ID NUMBER:PW 98-032 Alternative Action(s): Deny approval of the Sycamore Avenue Sewer Rehabilitation Project. This would require the reprogramming of funds from the Community Block Development Grant (CDBG) program already awarded to the Sycamore Avenue Sewer Project. Analysis: The Sycamore Avenue Sewer between Oak Lane and Elm Street is an on going problem that requires excessive maintenance by City crews. The line has been video taped and reviewed by staff which has determined that the existing pipe has numerous misalignments, cracks and holes which require correcting. Staff has concluded that the line can be rehabilitated by lining which will minimize the construction impact to the existing residential neighborhood. The Sycamore Avenue Sewer Project was reviewed and recommended as an improvement project by the Citizen's Advisory Board to the City Council at its April 21, 1997 meeting. When the City Council approved its Consolidated Plan for the Community Development Block Grant and HOME programs; the One Year Action Plan for the 1997 grant year was approved at the same time. Therefore, the Public Works Department and the Department of Economic Development seeks City Council approval of final design specifications and also for authorization to advertise for bids. Final design specifications are on file in the Public Works Department for review. This Rehabilitation project is exempt from obtaining Public Works Commission approval. Environmental Status: The Sycamore Avenue Sewer Rehabilitation Project does not constituted a "project" as defined by State CEQA guideline, Calif. Admin. Code, §15378, nor as defined by the California Environmental Quality Act, Calif. Pub. Res. Code, §21065. Therefore, the recommended action is not subject to provisions of CEQA. This project is also categorically excluded for environmental review under 24 CFR part 58, section 58.35 (a) (1) (ii) of the National Environmental Policy Act of 1969 (NEPA). Attachment(s): City Clerk's Page Number No. Description Sample Construction Contract F� I Location Map 0030923.01 -2- 03/24/98 10:51 AM (12) 04/06/98 -Council/Agency Agenda - Page 12 E-6. (City Council)Approve Sycamore Avenue Sewer Rehabilitation Project- Final Plans And Specifications And Advertisement For Bids -Approve Sample Contract-CC-1046 (600.60) 1. Approve the attached sample contract subject to award of contract to the lowest responsive/responsible bidder and 2. Approve final plans and specifications, and direct the City Clerk to advertise the Sycamore Avenue Sewer Rehabilitation Project for bid. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-7. (City Council)Acceptance Of Deed From PLC Company Right-Of-Way Easement- Holly-Seacliff Development Agreement Area (Promenade Parkway)—(650.80) Accept the Easement Deed from the PLC Company for street right-of-way purposes in the Holly- Seacliff Development area -Tract 14661 and retroactively approve the City Clerk's recordation of said deed on April 15, 1997. (AP# 111-073-07 and AP# 159-311-18,19,22 Promenade Parkway/Seagate Drive/Main Street.) Submitted by the City Clerk [Approved 6-0 (Julien: Absent)] E-8. (City Council) Sixty-Day Notice And Waiver Request From County Of Orange Re: Provisions Of Mental Health Services In Donated Space At Ocean View High School - Resolution No. 98-24— (570.10) Adopt Resolution No. 98-24 pursuant to Government Code Section 25351 - "A Resolution of the City Council of the City of Huntington Beach Granting Waiver of 60-Day Notice for Donation of Space to the County of Orange for a Modular Classroom at Ocean View High School for the Provision of Mental Health Services." Submitted by the Community Development Director [Approved 6-0 (Julien: Absent)] E-9. (City Council)Accept And Establish A Location For The Vincent G. Moorhouse Memorial Statue— (130.55) 1. Accept, on behalf of the city, the donation of a statue of a brown pelican in honor of Vincent G. Moorhouse and establish a temporary location for the memorial statue on the grassy area immediately south of Lifeguard Headquarters; approve placing the statue, on a permanent basis, within the South Beach Improvement Project when South Beach is renovated. 2. Approve the relocation of the Vincent G. Moorhouse Statue from the proposed interim location to its final location when the South Beach Improvement Project moves forward. The city also acknowledges the Moorhouse Foundation will be responsible for annual maintenance and upkeep of the statue as needed. Submitted by the Community Services Director [Approved 6-0 (Julien: Absent)] E-10. (City Council)Approve Funds For Huntington Central Park Equestrian Event Site Improvements -Amendment To Fiscal Year 97/98 General Fund Budget— (320.20) 1. Approve an amendment to the Fiscal Year 97/98 General Fund Budget to allocate $80,000 into Account E-AA-CS-340-3-90-00 for improvements in Huntington Central Park and 2. Authorize staff to do the turf improvements at Huntington Central Park at a cost of not to exceed $80,000. Submitted by the Community Services Director (Communication dated March 30, 1998 received from the Huntington Beach Art Center Foundation agreeing that the city will be reimbursed the $80,000 before any funds are disbursed to the Art Center operation.) [Approved as amended to utilize the Park Acquisition and Development Fund- 6-0 (Julien: Absent)] (12) ATTACHMENT 1 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE SYCAMORE AVENUE SEWER REHABILITATION PROJECT(CC-1065) TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13. HEALTH&SAFETY 12 14. PAYMENT OF TRAVEL&SUBSISTENCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS&BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES 18 18. LIQUIDATED DAMAGES/DELAYS 18 19. SUBCONTRACTS 20 20. INDEPENDENT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION,DEFENSE,HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29 INSURANCE 24 30. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 25 31. DEFAULT&TERMINATION 26 32, DISPOSITION OF PLANS,ESTIMATES AND OTHER 26 33 NON-ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION,MINORITIES,ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 50. CONTRACT TERMINATION;DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION;LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 56. ENTIRETY 35 SAMPLE k/autotexVmmplefc"gb/l/29/98 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE SYCAMORE AVENUE SEWER REHABILITATION PROJECT (CC-1045) THIS AGREEMENT is made and entered into on this day of , 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Sycamore Avenue Sewer Rehabilitation Project (CC- 104-6), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and 1 SAMPLE k/autotext/samplefedcdbg/1/29/98 very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 SAMPLE k/autdexVs=plefedcdbg/1/29/98 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the 3 SAMPLE k/autotext=w1efedcdbg/1/29/98 elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; 4 SAMPLE k/autotext/sa"1efe&dbg/1/29/98 B. Bonds covering the work herein agreed upon; C. The VA-7 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed 5 SAMPLE k/autotext mW1efe&dbg/1/29/98 Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within L_j4wor kljoays from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6 SAMPLE k/autotext/samplefedc dbgtt/29/98 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 7 SAMPLE k/autotext/uMlefakft/1/29/98 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part 8 SAMPLE k/autotext/samplefedcdbg/l/29/9 8 hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 9 SAMPLE k/autotexVsmVIefedc&g/1/29/98 (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers 10 SAMPLE Vautotext/samplefe&ft/1/29/98 performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 11 SAMPLE k/autotext/samplefedcdbg/1/29/98 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. 12 SAMPLE k/autotext/s=paefe&&g/1/29/98 The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any 13 SAMPLE k/autotexUsamplefedcc9*1/29/98 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 14 SAMPLE k/autotexf/=V1efedcdbg/1/29/98 Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of 15 SAMPLE k/autotext/s=plefe&&g/1/29/98 the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government 16 SAMPLE k/autotext/samplefedcdbg/1/29/98 Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized 17 SAMPLE k/autotext/samplefedcdbg/1/29/98 representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 18 SAMPLE Va dotext/saWlefedc ft/1/29/98 that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the 19 SAMPLE k/autotext/samplefededbg(1/29/98 r completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: 20 SAMPLE k/autotexVsamplefedcdbg/1/29/98 (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 SAMPLE k/autotext/swM1efedcdbg/1/29/98 Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 22 SAMPLE k/autoWxVsamp1efedc&g/1/29/98 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 23 SAMPLE k/autotexbsanW1efe&&g/1/29/98 28. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate 24 SAMPLE k/autotext ww1efedcdbg/1/29/9S limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original 25 SAMPLE k/autotexVs=p1de&&g/1/29/98 or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26 SAMPLE k/autotexVsamp1efedcdbg/1/29/98 33. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES' RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 SAMPLE k/autotext/samplefededbg/1/29/98 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, of seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 28 SAMPLE k/autotexf nnV1efedcdbg/1/29/98 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part"Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 29 SAMPLE WautotexVs=v1efe&&g/1/29/98 43. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment(1) qualified Vietnam veterans during the first four(4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, 30 SAMPLE k/autotext/mw1efedcdbg/1/29/98 any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms `laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United 31 SAMPLE k/autotext/samplefedaRVI/29/98 States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 32 SAMPLE k/autotext/suM1efe&dbg/1/29/98 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 SAMPLE k/autotexVsamplefedcdbg/I/29/98 workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for ail hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 34 SAMPLE k/wtotext/samplefe&&g/1/29/98 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor By: ATTEST: print name ITS: (circle one)Secretary/Chief Financial City Clerk Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City Administrator I-29�yy Attorney INITIAJTD- ANDi P ROVED: � Director of PublieWorksi 35 SAMPLE k/autotext/samplefededbg/1/29/98 ATTACHMENT 2 PROJECT LOCATION WARNER AVE A MORE A VE. Z co o Q U CYPRESS AVE. Q E a 00 fV O CO Of O QI 7 FE O W d NOT TO SCALE o V) 0 a u [PlotStamp Eval] G:\ACAD\KRlEGER\SYRCAMAp LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC-1045 COUNCIL MEETING DATE: April 6, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) RCA Author: SEK I have received Bid Bond, Safeco Insurance Company of America for ZZ Liner Construction Corporation, DBA U-Liner West, Reliance Insurance Company for Cooke Pipeline Rehabilitations, Inc. Re: CC-1045 - Sycamore Avenue Between Oak Lane and Elm Street a� ted. By: CONTRACT DOCUMENTS AND SPECIFICATIONS for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No. 1045 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: r Tuesday,May 12, 1998 2:00 PM,2ND FLOOR City Clerk's Office DARYL D. SMITH,ACTING DIRECTOR DEPARTMENT OF PUBLIC WORKS 29676vl Ver.1.13 CITY OF HUNTINGTON BEACH CONTRACT DOCUMENTS AND SPECIFICATIONS for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No. 1045 Prepared By: Steve Krieger Under the Superof: �oQY,pFESS/o49 Q pPJ�O A 2 c� m No. C047961 � cS'> C(V1%- �P 9TF OF CA`1��Q� David A. Webb, R.C.E. No. C047961 Date Approved by: W� Vo No. 20921 rt Exp. 09-30-01 OF t Robert E. Eichblatt, City Engineer, R.C.E. No. 20921 Date ii NOTE: If there are any questions relative to this project,please call Steve Krieger at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS.....................................................................................A-1 SECTION B INSTRUCTIONS TO BIDDERS .............................................................................................B-1 1. Proposal Forms ............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-4 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-4 19. Bid Protest..................................................................................................................B-5 20 Question to the Engineer.............................................................................................B-5 iii SECTION C PROPOSAL.............................................................................................................................C-1,2 ProjectBid Schedule......................................................................................................C-ls Listof Subcontractors......................................................................................................C-3 Noncollusion Affidavit....................................................................................................C-4 UtilityAgreement............................................................................................................C-5 Disqualification Questionnaire ........................................................................................C-6 Compensation Insurance Certification.............................................................................C-7 Underground Service Alert - I.D. Number ......................................................................C-8 Bidder's Information...................................................................................................C-9,10 SECTION D SAMPLECONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS......................................................................................E-1 PART I GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 3 - CHANGES IN WORK.................................................................E-4 3-3 EXTRA WORK SECTION 4 - CONTROL OF MATERIALS .....................................................E-4 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES ...................................................................................E-5 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK......................................E-6 f 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR........................E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-11 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS .............................................................E-13 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ......................................................E-13 201-1 PORTLAND CEMENT CONCRETE SECTION 203 BITUMINOUS MATERIALS E-13 203-BITUMINOUS MATERIALS v PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-14 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING....................................................E-15 302-5 ASPHALT CONCRETE PAVEMENT SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION...............E-16 306-1 OPEN TRENCH OPERATIONS PART 5 SECTION 500 - PIPELINE SYSTEM REHABILITATION............................E-18 500-1 PIPELINE REHABILITATION APPENDIX A -MAINTENANCE WORK TRAFFIC CONTROL MANUAL APPENDIX B -PROJECT PLANS APPENDIX C - CONTRACTORS BUSINESS LICENSE FEES APPENDIX D - AGENCY STANDARD PLANS APPENDIX E - FEDERAL LABOR STANDARDS r VI SECTION A NOTICE INVITING SEALED BIDS for the SYCAMORE AVENUE SEWER REHABILITATION CASH CONTRACT No. 1045 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Tuesday, May 12, 1998, Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a$15.00 nonrefundable fee if mailed. This is a Davis- Bacon project and Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. f No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of April 1998. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all 1 officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for SYCAMORE AVENUE SEWER REHABILITATION; CC- 1045 CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event-that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. The Contractor shall select one of the following seamless, jointless, tight fitting liner systems listed below for the rehabilitation of the existing sewer line. Trade Name GREENBOOK Section Process Insituform 500-1.4 Type A* Cured- in- Place Liner(CIPP Liner) InLiner 500-1.4 Type B* Cured- in-Place Liner (CIPP Liner) NuPipe 500-1.10 Type A* Folded and Re- formed PVC Pipe Liner AM- LINER 500-1.10 Type B* Folded and Re- formed PVC Pipe Liner *Shall comply with Standard Specifications for Public Works Construction (GREENBOOK), 1997 edition, including the 1998 supplement, except as modified herein. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal s, laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code B-3 for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by ' the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take-the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid B-4 package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C PROPOSAL for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT w from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No, 1045 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 15 working days, including material and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE ` CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which . said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified " Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Item Estimated Item with umt.price Extended No. Quantity writien in::words: Unit Price Amount 1 870 Line 8"host pipe per Specs. lit,ft @ Dollars $ $ Cents Per lin ft 2 50 Point repair host pipe per Specs. lin ft @ Dollars $ $ Cents Per lin ft 3 1 Traffic control per Specs. lump sum @ Dollars $ $ Cents Per lump sum 4 1 Mobilization of equipment&materials($1,250 max.) lump Sum @ Dollars $ $ Cents Per lump sum 5 3 Coat existing manhole per Specs. each @ Dollars $ $ Cents Per each G 1 Demobilization of equipment&materials($1,250 max.) lump sum @ Dollars $ $ Cents Per lump sum 7 18 Re-open service laterals per Specs. each @ Dollars $ $ Cents Per each 8 NOT USED @ Dollars $ $ Cents Per r Total Amount Bid in Figures: $ Total Amount Bid in Words: C-Is LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. r Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of 5199 . NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC- 1045, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on 5199 . The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of , 199_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 SECTION D SAMPLE CONTRACT D-1 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE SYCAMORE AVENUE SEWER REHABILITATION PROJECT (CC-1045) THIS AGREEMENT is made and entered into on this day of , 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Sycamore Avenue Sewer Rehabilitation Project (CC- 1046), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and 1 SAMPLE k/autotexVsamp1cfedcdbg/1/29/98 very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 SAMPLE k/autotext/samplefe&dbg/1/29/98 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the 3 SAMPLE k/autotext/samplefededbg/1/29/9s elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; 4 SAMPLE k/autotext/s=p1efe&-&g/1/29/98 B. Bonds covering the work herein agreed upon; C. The I cR 7 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed S 5 SAMPLE k/autotexthamp1efedc&g/1/29/98 Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within C-).wor_ � sdays from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the i efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6 SAMPLE k/autotexdsamp1efedcdbg/1/29/98 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes,furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 7 SAMPLE k/autotext/samplercdcdbg/I/29/98 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent(100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part i 8 SAMPLE k/autoteut/samplefedcdbg/1/29/98 hereof, regardless of any contractual relationship which may be alleged to exist between the : CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 9 SAMPLE k/sutotexV=nplefc&dWI/29/98 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. w If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the' Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers 10 SAMPLE k/autotext/samp1efedcdbg/1/29/98 performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 11 SAMPLE k/autatxt/samp1efedcdbg/1/29/98 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. 12 SAMPLE k/autoteWsamp1efedcdbg/1/29/98 The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any 13 SAMPLE k/sutotextt&unplefedcdbg/1/29/99 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice _ performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work, actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 14 SAMPLE k/autotext/samplefedcdbg/1/29/98 E Administration. The ratio of trainees to journeymen on the job site shall not be greater than z permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the a CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of 15 SAMPLE wautotexVs=piete&&i;in9/9s the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form - desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government 16 SAMPLE { k/autotexVsamplefedcdbg/1/29/98 Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission oftopies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized 17 SAMPLE k/autotext/samplerededbg/l/29/98 representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 18 SAMPLE k/autotext/samplefededbg/l/29/98 that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in Writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined i action of the workers, in nowise caused by or resulting from default or collusion on the part of '- CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the 19 SAMPLE k/autotext/samplefedcdbg/I/Z9198 completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is : presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or"delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions d are disturbed, notify the DPW in writing of: 20 SAMPLE k/autotext/samplefedcdbg/1/29/98 (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 SAMPLE k/autoteWnmp1efedcdW1/29/98 Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. r 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 22 SAMPLE k/autotexVsamp1efedcdbg/1/29/9g therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 1 After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms.supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 23 SAMPLE k/autotexVump1efe&-&i;/1/29/98 28. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges Y awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate r 24 SAMPLE k/autotext/samplefedcdbg/l/29/98 limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a °deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 4 Agreement. CITY or its representative shall at all times have the right to demand the original 25 SAMPLE k/autotexVump1efedcdbg/1/29/99 or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ter) (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26 SAMPLE k/autotext/samplefedcdbg/1/29/98 33. NON-ASSIGNABILITY CONTRACTOR shall not•sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 SAMPLE k/autotewumpl efedcdb8/1/29/98 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors.to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of-worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include - disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 28 SAMPLE wautotext/samplefedadbg/1/29/98 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it(nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part"Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. ' DISCRIMINATION MINORITIES ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. a a 29 SAMPLE k/a dotexVumplefedcdbg/1/29/98 43. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent(30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act'provides that each shall be prohibited from including, by any means, 30 SAMPLE k/autotext/samplefedcdbg/1P29/98 any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight(8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts fdr transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United 31 SAMPLE wa►,toteXviefca-&9Iins/98 States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution.control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, of seq.). 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 32 SAMPLE k/autotext/samplefedcdbg/1/29/99 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 SAMPLE k/autotext/samplefe&-&g/1n9198 workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED ' CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 34 SAMPLE k/autotexVs=p1efedcdbg/1/29/98 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor By: ATTEST: print name ITS: (circle one)Secretary/Chief Financial City Clerk Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: Cy y Attorney I�I9� City Administrator INITIATED AND APPROVED: Director of Public Works 35 SAMPLE wauWteWuwlere"snn9r99 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE SYCAMORE AVENUE SEWER REHABILITATION PROJECT(CC-1065) TABLE OF CONTENTS Pace No. 1. STATE OF WORK;ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13. HEALTH&SAFETY 12 14. PAYMENT OF TRAVEL 8c SUBSISTENCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS&BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES 18 18. LIQUIDATED DAMAGES/DELAYS 18 19. SUBCONTRACTS 20 20. INDEPENDENT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION,DEFENSE,HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29 INSURANCE 24 30. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 25 31. DEFAULT&TERMINATION 26 32. DISPOSITION OF PLANS,ESTIMATES AND OTHER 26 33 NON-ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP=NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION,MINORITIES,ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 , 50. CONTRACT TERMINATION;DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION;LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 56. ENTIRETY 35 SAMPLE k/autotexbsamplefedcdgb/1/29/98 SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction, 1997 edition, including the 1998 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment,elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY-The City of Huntington Beach. Board -The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County-The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY's award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. Only written authorization from the AGENCY shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 CHANGES IN WORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show E-2 the as-built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California-Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable,the following: Standard Plans for Public Works Construction, published by the.American Public Works Association, latest edition. Standard Plans,published by the Orange County Environmental Management Agency. Standard Plans,published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix A of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Add the following:]. When the Contract does not include a pay item for monument adjusting as specified, and unless otherwise provided in the Specifications, full compensation for adjusting to finished grade shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor and all subcontractor shall give at least 24 hours advance notice when they will start or resume the work. The above notice is to be given during working hours,exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hr./day or more than 40 hr./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: E-3 4 hr. or less/day - $225.00 4 hr. to 8 hr./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hr./day or more than 40 hr./week, the Special Inspection fee requirements will be waived. SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment. 3-3.23 Markup. [Delete Subsection in total and replace with the following:]. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............:.......................................20 2) Materials ............................................... 15 3) Equipment Rental ................................ 15 4) Other Items and Expenditures............... 15 To the sum of the costs and markups provided for in the subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000 of the subcontracted portion o the extra work may be added by the Contractor. SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. 1 The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become E-4 evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. E-5 The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. E-6 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 15 working days, including material and pipe delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. If the installation and preliminary cuts cannot be completed in the specified normal working hours then lining between only one manhole to manhole reach per day will be allowed. No double runs. All live laterals must be opened with a preliminary cut to relieve the flow the same day as the installation. The preliminary cuts shall be a minimum of a 3- inch smooth round cut. Final lateral cuts will be completed during normal working hours on the next working day. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $200 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities E-7 and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. 7-8.5 Temporary Light, Power, and Water [Add the following paragraph:]. Construction water meters are required on all projects within the AGENCY. The AGENCY's Water Division will furnish and set the meter with eddy valve. The deposit for the meter is ` $725.00. The service charge to set the meter and for each time the meter is moved to a new location is $25.00. Payment must be in cash, cashier's check or money order. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be E-8 considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. The Contractor shall distribute a written "Notice of Proposed Sewer Work" to each individual dwelling unit two working days prior to being affected by the work. The Contractor shall submit the Notice to the AGENCY for approval at least five working days prior to distribution. Payment for the notice shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. Any deviation from this notification procedure must be approve by the Engineer. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date,completion date,and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. E-9 Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute construction traffic control per the AGENCY's Maintenance Work Traffic Control Manual. and per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and tl1e current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the F applicable phase of work and shall be placed in advance on all streets approaching the work zone. 7-10.3 Street Closures, Detours,Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which E-10 would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. E-11 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY's payment procedure. Each month. the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments .N ill be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as-built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. 3 E-12 PART 2 CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.2 Materials. 201-1.2.4 Admixtures [Delete Subsection in total and replace with the following:]. Admixtures will not be permitted. 201-1.2.5 Fly Ash [Delete Subsection in total and replace with the following:]. Fly Ash will not be permitted. SECTION 203 BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General [Delete the second paragraph and replace with the following:]. Asphalt Base Course shall be Type III-B2-AR4000. And Asphalt Surface Course shall be Type III-C3-AR4000. E-13 PART 3 CONSTRUCTION METHODS SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right-of-way. The roadway and adjacent areas shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the repair to the existing sewer main. Removal of asphalt concrete, aggregate base and native soil shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Asphalt pavement shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Unless directed otherwise by the Engineer, stockpiling of removal material will not be allowed in or around the project site. E-14 300-2.9 Payment [Delete first paragraph in total and substitute with the following:]. Payment for Unclassified Excavation shall be considered to be included in the contract unit price per lineal foot of repaired sewer main, which shall include full compensation for furnishing all labor, materials, tools,equipment and incidents required in accordance with these plans and special provisions and no other measurement or additional compensation will be allowed therefor. [Add the following:]. Said payment shall also include full compensation for all required saw cutting of removal areas. SECTION 302 ROADWAY SURFACING 302-5.8 Manholes [Delete Subsection in total and substitute with the following:]. The manhole and valve box locations and distance from curb to center shall be marked on the curb face by the Contractor. The method of adjusting manholes in areas for resurfacing shall be as follows: The asphalt pavement immediately adjacent to the manhole shall be removed, the marihole shaft extended with adjustment ring(s) to proper grade, the manhole frames and covers replaced, the manhole frames set in concrete, and the pavement replaced with a minimum of 2 inches of asphalt concrete. The finished grade of the water valve frame and cover shall be '/<inches below the finish grade of the asphalt pavement. The Contractor shall notify affected utility owners at least 5 working days in advance of the need to commence work required prior to paving operations and again for work required after paving operations. The Contractor shall mark locations of utility vaults where utility companies specifically state adjustments shall be made after paving. If it is found to impractical for the utility owner to complete remodeling or adjustment to structures, as evaluated by the Engineer, then the Contractor shall be absolved of further responsibility in connection therewith, and the structure shall be adjusted to grade by the utility owner under permit or ordinance procedure established by the AGENCY for utility cuts in pavement. All new and/ or existing concrete surfaces on the inside of an AGENCY sewer manhole shall be applied with a polyuethane coating such as Sancon 100, Tuff Stuff or an approved equal coating no less than 125 mil thick. The Contractor shall have the concrete surface cleaned and primed per manufactures recommendations before the new coating is applied. The cured coating shall be tested for pinholes by spark testing with a spark tester set at 15,000 volts minimum. All defects �. in the coating shall be marked and patched. These pateched areas shall be retested with the spark tester set at 15,000 volts minimum. E-15 County Sanitation District of Orange County (C.S.D.O.C.) sewer manholes shall be coated or lined per current C.S.D.O.C. standards. To schedule C.S.D.O.C. inspection please call (714) 540-2910 a minimum of two working days in advance. Payment for sewer manhole coating and testing shall be considered to be included in the contract unit price bid for coating manholes which shall include full compensation for furnishing all labor, materials, tools, equipment and incidents required in accordance with these plans and special provisions and no other measurement or additional compensation will be allowed therefor. SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.1 Trench Excavation. 306-1.1.1 General [Replace the last sentence in the third paragraph and add the following:] If groundwater is encountered, the Contractor shall dispose of it by any method acceptable to the Engineer. The trench shall be dewatered to a minimum depth of 6 inches below the outside diameter of pipe. The cost of any dewatering shall be included in the cost of pipe rehabilitation and no additional compensation will be allowed therefor. 306-1.1.6 Bracing Excavations [Add the following:]. Payment for trench shoring shall be considered to be included in the contract unit price per lineal foot of repaired sewer main, which shall include full payment for furnishing shop drawings, all labor and materials, and performing all work as specified to brace excavations or provide an equivalent method for protection of workers per Section 6707 of the California Labor Code, and in accordance with these plans and special provisions and no other measurement or additional compensation will be allowed therefor. The Contractor shall use shoring complying with the Cal-OSHA construction safety orders for constructing the work shown on the plans 306-1.2 Installation of Pipe 306-1.2.1 Bedding [Replace the second sentence of the second paragraph with the following:]. Bedding for sewer main and service lateral pipe shall conform to AGENCY Standard Plans. Additional bedding ordered by the Engineer, over the amount indicated on the plans due to unsuitable material, shall be paid for per Subsection 3-3. E-16 306-1.2.2 Pipe Laying [Add the following:]. When using VCP the Contractor shall use two- one foot standard lengths of pipe for inlet and outlet connection to the manhole assemblies,unless otherwise approved by the Engineer. 306-1.3 BACKFILL AND DENSIFICATION 306-1.3.3 Water Densified Backfill [Delete Subsection in total and substitute with the following:]. Water densified backfill will not be permitted. 306-1.5 TRENCH RESURFACING 306-1.5.1 Temporary Resurfacing [Modify as follows:]. Temporary pavement resurfacing shall be required for all backfilled trenches at the end of each work day, unless otherwise directed by the Engineer. As used in section 306-1.5.1, the word "maintained" shall mean that the Contractor shall provide a relatively smooth surface over the trench free of deformations greater that '/ inch in both transverse and longitudinal directions. Where the trench sags because of inadequate trench compaction, the Contractor shall remove the existing temporary resurfacing,recompact the backfill, and restore the temporary resurfacing. Temporary pavement resurfacing shall in no case remain for more that 5 working days after final construction of appurtenances on a street. Payment for Temporary asphalt concrete pavement shall be considered to be included in the contract unit price per lineal foot of repaired sewer main, which shall include full compensation for furnishing all labor, materials, tools, equipment and incidents required in accordance with these plans and special provisions and no other measurement or additional compensation will be allowed therefor. 306-1.6 Bases of Payment for Open Trench Installations [Delete the second paragraph and substitute with the following:]. The price per linear foot of sewer pipe used for the repair of the host pipe shall be considered full compensation for all wyes, tees and bends and specials shown on the Plans; the removals of interfering improvements; the excavation of the trench; the control of ground and surface water; the preparation of subgrade; the placement and joining of pipe; backfilling the trench; temporary and permanent resurfacing; and all other work necessary to install the pipe, complete in place. No additional compensation will be allowed therefor. E-17 306-6 Remodeling Existing Sewer Facilities [Delete the third paragraph and substitute with the following:]. Contractor shall submit shop drawings for control operations in accordance with 2-5.3. [Add the following:]. All work to be performed inside a live manhole shall be done in accordance with Cal-OSHA "confined spaces" regulations. SECTION 500 PIPELINE SYSTEM REHABILITATION 500-1 PIPELINE REHABILITATION. 500-1.1 Requirements. 500-1.1.1 General. [Add the following:]. The Contractor shall field verify the pipe diameter at the manholes and lengths prior to ordering liner materials. The Contractor shall notify the Engineer of any discrepancies between information obtained in the field and project specifications. Installation of the sewer lining shall be performed by a Contractor licensed by the manufacture/ owner of the process. Bidders are required to submit copies of such licenses with their bids. A bidder's failure to do so shall render their bid non- responsive. Minimum pipe liner wall thickness: The minimum finished liner thickness shall conform to Table (500-1.1.1 (A)) Table 500- 1.1.1 (A) Nominal ID of Original Pipe (inches) 8 Dimension Ratio (DR) 32.5 Liner Thickness (inches) .246 If the pipe liner process requires a thicker DR for the site,or existing pipeline condition designed with a 2 to 1 safety factor the Contractor shall provide the thicker pipe required. Cured- in- Place Liner (CIPP) designs shall use minimum of 15% extra thickness to compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines. The Contractor shall furnish to the AGENCY, 5 working days before delivery of the pipe liner a new cylindrical or ball anvil tubing micrometer accurate to within ±0.001 in. (±0.02 mm) to measure the wall thickness of the pipe liner. The micrometer shall be of good quality and E-18 established in the industry as a standard. The micrometer shall become the property of the AGENCY. Payment for the micrometer shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. 500-1.1.4 Cleaning and Preliminary Inspection. [Delete the second paragraph and replace with the following:]. The Contractor shall use High- Velocity Hydraulic (Hydro- Cleaning) Equipment (per (b)) to clean the pipelines. The Contractor shall assume that the pipes require normal cleaning (two to three passes). [Delete the fifth paragraph and replace with the following:]. The Contractor shall use a vacuum truck or approved equal to pick- up all debris before it can continue down stream. The Contractor shall dispose of all debris removed from the pipeline, in accordance with current applicable regulations. Any hazardous waste material encountered during the project shall be considered as a changed condition. Refer to 3-4. 500-1.1.5 Television Inspection. [Delete the third paragraph and replace with the following:]. CCTV inspection shall be performed utilizing a rotating-lens video camera system. The pre- lining video inspection and recording performed with this camera shall stop at each lateral and the head rotated to look up the lateral to identify if the lateral is active,plugged or has roots that could interfere with the complete reinstatement. If the Cl I'P section 500 1.4 option is installed,then the following shall apply. The post- lining inspection shall include looking up all laterals that had roots identified in them on the pre- lining video to verify that the resin has not run up the lateral and combined with the roots to plug the lateral. The pre- lining and post- lining video will be performed while the upstream lines are plugged or bypassed. The line shall be dry except for flow from the laterals in the section of the line being televised. 500-1.1.7 Miscellaneous. [Add the following:]. (a) Service Connections S The Contractor shall assume that there are no protruding laterals under this contract. If it is determined by the Engineer that a protruding lateral has been encountered during the pre- lining video tape then prior to insertion of the liner it shall be cut-off as close to flush with the mainline pipe's interior as practicable. The cost for such work shall be considered extra work and paid per Subsection 3-3. E-19 All costs for required point repairs or excavations made for the service connections which are found plugged by the rehabilitation process, shall be paid for by the Contractor. To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe, all plugged service connections identified in the pre- lining video tale shall not be opened unless specifically directed by the engineer. [Add to the end of the second paragraph] The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection. [Add the following:]. Payment for re-establishing service connections shall be considered to be included in the contract unit price each lateral opened and no other compensation will be allowed therefor. 500-1.2 Pipeline Point Repair. -500-1.2.1 General. [Add the following:]. The Contractor shall be responsible for making point repairs at the approximate following locaitons. Contractor shall determine the exact locations during the pre- linig video per 500- 1.15. Station ............... 10+47 to 10+72 Station ............... 14+70 to 14+95 500-1.2.3 Excavation. [Delete the section and replace with the following:]. All trenching and excavation shall conform to Section 306 and as modifed per these specifications. 500-1.4 Cured in- Place(CIPP Liner). 500-1.4.2 Material Composition and Testing. [Add the following:]. The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane bonded to it, with a minimum thickness of 0.01- inch and shall be pinhole free. All seams and patches in the polyurethane coating shall be inspected under a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify that it is pinhole free. The factory test results for each length of felt tube to be installed shall be submitted to the Engineer before installation. E-20 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Sycamore Avenue Sewer Rehabilitation Project CC- 1045 April 23, 1998 Notice To All Bidders: Please add the following modifications to Section B, Instructions to Bidders: 1. Add the following liner system to number 12. `Equivalent Materials' on page B-3: U-LINER 500-1.7* Deformed/ Re-formed HDPE Pipe Liner *Shall comply with Standard Specifications for Public Works Construction (Greenbook), 1997 edition, including the 1998 supplement, except as modified herein. Please add the following to the Project Specifications: SECTION 500 — PIPELINE SYSTEM REHABILITATION 500-1.7 Deformed/Re- formed HDPE Pipe Liner. 500-1.7.5 Chemical Resistance and Physical Testing. [Modify the last sentence of the paragraph as follows:]. Proof of meeting these requirements shall be submitted with the Contractor's bid. 500-1.7.6 Installation and Field Inspection. [Replace the entire paragraph of#7 with the following:]. Testing of the installed HDPE liner is required for this project. The physical properties of the installed HDPE liner shall be verified through field sampling and laboratory testing as approved by the Engineer. An 8-inch long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream downstream and any intermediate manholes. One sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not 1045 addendum 1.doc limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. The sample shall be submitted to a certified laboratory which has been pre- approved by the Engineer and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of section 500- 1.7.2. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.7.9. Payment for testing shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. Before installation, the pipe coils shall be checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness specified in Table 500- 1.1.1 (A). 500-1.7.7 End Seals. [Add the following:]. After installation the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. If the manhole has been lined through, the top half of liner pipe may be cut off even with the top of the shelf leaving the channel lined the channel and shall not extend above the shelf. These modifications do not change the Engineer's Estimate nor the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one, dated April 23, 1998. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 1045 addendum 1.doc The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will be permitted between manholes The factory test results for each batch of resin shall be submitted to the Engineer before installation. One 8 inch long restrained and cured sample shall be taken from the down stream manhole and checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness. [Delete the second paragraph and replace with the following:]. Testing of the installed CIPP liner is required for this project. The physical properties of the installed CIPP liner shall be verified through field sampling and laboratory testing as approved by the Engineer. An 8 inch long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream downstream and any intermediate manholes in accordance with ASTM F 1216 sections 8.1.1 and 8.1.2. One sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY'S inspector. The sample shall be submitted to a certified laboratory which has been pre- approved by the Engineer and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of Table 500- 1.4.2 (A). Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.4.8. Payment for testing shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can preform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. 500-1.4.5 Installation [Add the following:]. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of rein through cracks and irregularities in the host pipe. The Contractor shall use either an end- stop or hold- back mechanism to prevent the felt tube from extending into conduits which are not to be rehabilitated. E-21 500-1.4.6 Installation [Delete the fifth paragraph and replace with the following:]. The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure. The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacture's instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner. The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the "fins" or folds. The Contractor may either apply a sealant compatible with the material to areas where sanding has taken place or reline from manhole to manhole as approved by the AGENCY. 500-1.4.9 Handling. [Add the following:]. The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the engineer to inspect all materials and procedures. The Contractor shall pay all inspection costs required for this wet out process and shall include this cost in the bid price. 500-1.4.10 End Cuts. [Add the following:]. After installation the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. If the manhole has been lined through, the top half of liner pipe may be cut off even with the top of the shelf leaving the channel Iined.the channel and shall not extend above the shelf. 500-1.10 Folded and Re- formed PVC Pipe Liner. 500-1.10.2 Type A Folded and Re- formed PVC Liner. [Add the following to (c) Material and Equipment Acceptance:]. The factory test results for each coil of pipe shall be submitted to the AGENCY before installation. [Replace the first sentence of (f) Installation and Field Inspection #7) with the following:]. Testing of the installed PVC liner is required for this project. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by E-22 the En-ineer. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can preform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. [Add the following:]. The samples shall be tagged with information including, but not limited to, the location of sarnple(s), date, pipe diameter and written verification by the AGENCY's inspector. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.10.6. Before installation, the pipe coils shall be checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness specified in Table 500- 1.1.1 (A). 500-1.10.3 Type B Folded and Re- formed PVC Liner. [Add the following to(c)Material and Equipment Acceptance:]. The factory test results for each coil of pipe shall be submitted to the AGENCY before installation. [Replace the first sentence of (f) Installation and Field Inspection #6) with the following:]. Testing of the installed PVC liner is required for this project. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the Engineer. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. [Add the following:]. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.10.6. Before installation, the pipe coils shall be checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness specified in Table 500- 1.1.1 (A). 500-1.10.4 End Seals [Delete and substitute with the following:]. After installation the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. If the manhole has been lined through, the top half of liner pipe may be cut off even with the top of the shelf leaving the channel lined. E-23 APPENDIX A PROJECT MAPS Tmoo. S ��OFC BOLSA AVE. O N N N N Mc FAODEN AVE. ZEOINGER mY Z JaN NN AVE._ VE xQ D o < U Z ' N < 0 WARNER N w o AVE. v \ U SLATER AVE. w m 405 TALBERT AVE. 9 PACIFIC a'/� ELLIS AVE. \ NOT TO SCALE I'�/�j GARFIELD AVE. � 0 VI UI N VI Q� O 5� YORKTOWN AVE. 3 \ ADAMS AVE. R a � N,yC� INDIANAPOLIS AVE. Y 0 TLANTA a z AVE. m x a N w w Z HAM LTON AVE. m OCEAN Ylfy BANNING AVE. PROJECT WARNER A VE. \ LOCATION SYCAMORE AVE. O I� F; cV rn Z n Y Z Z o cm O Q W U CYPRESS A VE. Q W c N v CV N \ > \ W a [PlotSta�al] G:\ACAD\KRIEGER\SYCLMAPu LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS . 1 • z I I J a Z x1�pp IxA�� S� J SCALE 1'= 100' A 3 SSP SAP 1 D=10.11 x�o� J D=12.2t r9 3 W ��,.x a pp 5lG FSTA. 10+00.00 ASH ST. 1pX000op0 STA 14447.07 SYCAMORE AVE. ASS P�px I I I � I � I OAK LANE SYCAMORE AVENUE ASH STRF_ET LEGEND CONSTRUCTION NOTES Q - EXISTING SEWER MANHOLE l� REPAIR EXISTING 8" VCP SEWER I FLOW DIRECTION PER SPECS. I - APPROXIMATE LOCATION OF REQUIRED REPAIR 2a-- LINE EXISTING 8- VCP SEWER TO HOST PIPE PER SECTION 500-1.2 OF SPECS. PER SPECS. U ti 3Q COAT EXIS77NG SEWER MANHOLE = I PER SPECS. STA 10+00.00 ELM SL Z L STA 18+8105 SYCAMORE AVE. W O D=10.1t m Q Z _ v J � 01 O Z I °° 1 \ c SYCAMORE A VENUE ELM STREET 0 Underground Service Alert Uj CL Cap:TOLL FREE E 0 1-800-422-4133 0 a + TWO WORKING DAYS BEFORE YOU DIG_ [PlotStamp Evol] G:\ACAD\KRIEGER\SYCAMOR1 SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC -- 1 045 •�. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS APPENDIX B MAINTENANCE WORK TRAFFIC CONTROL MANUAL MAINTENANCE WORK TRAFFIC CONTROL MANUAL CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT DECEMBER, 1997 INTRODUCTION THE PURPOSE OF THIS MANUAL IS TO PROVIDE GUIDANCE TO THE CITY OF HUNTINGTON BEACH PERSONNEL IN THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN AND AROUND MAINTENANCE WORK ZONES. THE BASIC PRINCIPLES AND PRACTICES REPRESENTED IN THIS HANDBOOK ARE TAKEN FROM THE CALTRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" (ALSO KNOWN AS CHAPTER 5 OF THE TRAFFIC MANUAL) AND THE SOUTHERN CALIFORNIA APWA/CITY TRAFFIC ENGINEERS "WORK AREA TRAFFIC CONTROL HANDBOOK" (THE WATCH BOOK). THIS MANUAL IS NOT INTENDED TO SUPERSEDE EITHER THE CALTRANS MANUAL OR THE WATCH BOOK, WHICH SHOULD BE REFERRED TO IN THE EVENT OF ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS MANUAL. INDEX - MAINTENANCE WORK PLANS DRAWING TC-1 GENERAL NOTES DRAWING TC-2 SUMMARY OF SIGNS DRAWING TC-3 LEGEND AND CHARTS A AND B DRAWING TC-4 LOW SPEED STREET DRAWING TC-5 TYPICAL SHOULDER CLOSURE DRAWING TC-6 SINGLE LANE CLOSURE (RIGHT LANE) DRAWING TC-7 SINGLE LANE CLOSURE (LEFT LANE) DRAWING TC-8 LEFT TURN LANE CLOSURE DRAWING TC-9 TYPICAL CLOSING OF HALF ROADWAY DRAWING TC-10 MULTI-LANE CLOSURE DRAWING TC-11 TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL DRAWING TC-12 WORK WITHIN INTERSECTION - LEFT LANE / LEFT TURN LANE DRAWING TC-13 WORK WITHIN INTERSECTION RIGHT LANE / LEFT LANE DRAWING TC-14 WORK BEYOND INTERSECTION LEFT LANE DRAWING TC-15 WORK BEYOND INTERSECTION RIGHT LANE DRAWING TC-16 RESIDENTIAL STREET CLOSURE APP'D BY: DATE: 9/17/97 CITY OF HUNTINGTON BEACH ��a DESIGNED BY: TAE A/. C DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: JDO APP'D. DATE: INTRODUCTION AND INDEX GENERAL NOTES: 1. NOTHING IN THESE NOTES OR PLANS SHALL RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, AND THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO WORKING HOURS. 2. THE ENGINEER SHALL BE DEFINED AS THE CITY OF HUNTINGTON BEACH TRAFFIC 1 ENGINEER OR HIS REPRESENTATIVE. 3. THE ENGINEER WILL HAVE THE RIGHT TO DEMAND THE INSTALLATION OF ADDITIONAL TRAFFIC CONTROL DEVICES OR MODIFICATIONS TO THESE PLANS AND NOTES, AS HE DEEMS NECESSARY, TO PROMOTE THE SAFE AND ORDERLY FLOW OF TRAFFIC AND PEDESTRIANS THROUGH THE CONSTRUCTION WORK ZONE. THE CONTRACTOR SHALL COMPLY WITH THESE ADDITIONAL REQUESTS OR MODIFICATIONS WITH DUE DILIGENCE. 4. CONSTRUCTION ACTIVITY IN THE ROADWAY WILL BE LIMITED TO THE HOURS BETWEEN 9:00 A.M. AND 4:00 P.M. ALL TRENCH EXCAVATIONS WITHIN THE ROADWAY SHALL BE COVERED WITH STEEL PLATES OR TEMPORARILY BACKFILLED AND SURFACED FROM 4:00 P.M. TO 9:00 A.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 5. NO TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE PLACED IN THE ROADWAY (TO EXECUTE THE DAYS CONSTRUCTION WORK) UNTIL AFTER 9:00 A.M. AND ALL TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE COMPLETELY REMOVED BY 4:00 P.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. CONES OR DELINEATORS SHALL GENERALLY BE PLACED ON EXISTING LANE LINES, EXCEPT WHEN PLACED FOR LANE CLOSURE TAPERS. 6. FLASHING BEACONS AND WARNING LIGHTS SHALL BE USED AS DIRECTED BY THE ENGINEER. 7. ALL EXISTING TRAFFIC CONTROL SIGNS AND STREET SIGNS SHALL BE MAINTAINED IN VISIBLE LOCATIONS DURING CONSTRUCTION, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. THE CONTRACTOR SHALL RESTORE OR REPLACE (AT THE DISCRETION OF THE ENGINEER) ANY STRIPING OR SIGNING DAMAGED DURING CONTRUCTION OPERATIONS, INCLUDING RAISED PAVEMENT MARKERS. 8. WHEN ENTERING OR LEAVING ROADWAYS CARRYING PUBLIC TRAFFIC, THE CONTRACTOR'S EQUIPMENT, WHETHER EMPTY OR LOADED, SHALL IN ALL CASES YIELD TO PUBLIC TRAFFIC. 9. ACCESS TO DRIVEWAYS ADJACENT TO THE CONSTRUCTION WORK ZONE SHALL BE MAINTAINED AT ALL TIMES IF AT ALL POSSIBLE. ADDITIONAL CONES OR DELINEATORS MAY BE REQUIRED TO DELINEATE THE DRIVEWAY ACCESS ROUTE THROUGH THE CONSTRUCTION WORK ZONE. A MINIMUM OF ONE TRAVEL LANE SHALL BE MAINTAINED ACROSS THE DRIVEWAYS, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 10. 48 HOURS PRIOR TO COMMENCING ANY WORK WITHIN THE IMMEDIATE VICINITY OF A TRAFFIC SIGNAL CONTROLLED INTERSECTION, THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (800-422-4133). THIS PRIOR NOTICE WILL ALLOW THE LOCATION AND MARKING OF UNDERGROUND TRAFFIC SIGNAL CONDUIT AND TRAFFIC SIGNAL LOOP DETECTORS PRIOR TO CONSTRUCTION. DAMAGES TO TRAFFIC SIGNAL CONDUIT, CONDUCTORS, LOOP DETECTORS, OR OTHER TRAFFIC SIGNAL EQUIPMENT SHALL BE REPAIRED WITHIN 24 HOURS AT THE CONTRACTOR'S EXPENSE, PER THE CITY OF HUNTINGTON BEACH STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING, LATEST EDITION. 11. SPILLAGE RESULTING FROM HAULING OPERATIONS ALONG OR ACROSS ANY PUBLIC TRAVELED WAY SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR AT HIS EXPENSE. STREETS ALONG THE HAUL ROUTE SHALL BE SWEPT OR WASHED DAILY, DURING EACH DAY OF HAULING OPERATIONS. 12. THE LENGTH OF TIME FOR EACH CONSTRUCTION PHASE SHALL BE SPECIFIED ON THE ENCROACHMENT PERMIT. IF THE CONTRACTOR DOES NOT COMPLETE HIS WORK IN THE SPECIFIED AMOUNT OF TIME, A FEE OF $800 PER LANE PER CALENDAR DAY WILL BE ACCRUED PER ORDINANCE NO. 3320. THE CONTRACTOR MAY SUBMIT A WRITTEN REQUEST TO THE DIRECTOR OF PUBLIC WORKS TO EXTEND THE TIME PERIOD, ALLOTTED FOR CONSTRUCTION. 13. THE CONTRACTOR SHALL SUBMIT AN APPLICATION FOR TEMPORARY PARKING RESTRICTIONS AT A COST OF $50.00. TEMPORARY NO PARKING SIGNS SHALL BE PURCHASED FROM THE CITY OF HUNTINGTON BEACH AT A COST OF $0.75 A SIGN AND BE POSTED AT LEAST 24 HOURS PRIOR TO THE ENFORCEMENT OF PARKING RESTRICTIONS. APP'D BY: DATE: 9/5/97 CITY OF HUNTINGTON BEACHJDtRAYANG DESIGNED BY: TAE s.— �� -- DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: TAE t APP'D. DATE: �Z GENERAL NOTES CALTRANS SIGN CALTRANS SIGN SIGN SIGN CODE SIZE LEGEND SIGN CODE SIZE LEGEND SIZE EID R1 �A �QP C14 B❑ FMD WOFK �A 36" x 36" ❑B 42" x 18" idowi R16 F © C17(25) �D 25 �C muff 30" x 30" FD 24" x 24" iaw R17 ❑D O C18 ❑A �E 18" x 18" F❑ 18" x 12" wo+r u� R18 (RT) ❑A wion C20 (LT) nA �G 11" x 17" wo Pmm R26 ❑G �Awm I C20 (RT) nA <*> R96 ❑E C20(BIKE) aA R96B �F C20 (MOD) �B (LEFT TURN LANE) [aMWALK `CLOSED AHEAD W1 (LT) �A < > C21 ❑A <*> W2 (LT) ❑A <S> C22B ❑C W6 �D C23 n Cl <*> �A µ� C24 El <*> C9A nA C30 �C a NOTE C13 � at� C36 � < >� ALL SIGNS SHOWN ON THIS PLAN i1O SHALL CONFORM TO THE LATEST CALTRANS SIGN SPECIFICATIONS. APP'D BY: DATE: 9/5/97 CITY OF HUNTINGTON BEACH DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS ls!�93 DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APP'D. DATE: SUMMARY OF SIGNS TC-2 CHART A MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR SIGN SPACING (S) (POSTED SPEEDS) (EACH LANE) SPACING (ADVANCE OF TAPER & BETWEEN SIGNS) 25 MPH 150 Ft. 25 Ft. 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55+ MPH 1000 Ft. 25 Ft. 1000 Ft. LEGEND <�— DIRECTION OF TRAVEL TRAFFIC CONE OR DELINEATOR (Not a pavement marking) M.H. MANHOLE I TEMPORARY SIGN MAINTENANCE VEHICLE y FLAG TREE w/ Flashing lights PORTABLE FLASHING BEACON TNP Temporary No Parking (Night work) (By permit only) FLAGGER ® FLASHING ARROW SIGN (FAS) CHART B APPROACH SPEED L (MPH) (FEET) 0-30 MPH 200 Ft. 30-45 MPH 310 Ft. Over 45 MPH 500 Ft. APP'D BY: o DATE: 9/25/97 � CITY OF HUNTINGTON BEACH �d 1 DESIGNED BY: JAA `�i�- DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER DRAWING N0. RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: TAE APP'D. DATE: /aE'z CHART "A" , CHART "B" AND SYMBOLS TC-3 OPTIONAL VEHICLE C14 � C23 INSTALL TEMPORARY NO PARKING SIGNS y� If REDUIRED Y OR �F Ii 12' MIN. LANE A C228 • • • C22B M.H. Y • • • • • Y • • DIVIDING LINE • 41 • • • • • • 40 OR 12' MIN. LANE A • MI6 OR Y p C23 C14 TAPER L WORK ZONE TAPER LS SEE CHART "A" SEE CHART "A" ALTERNATE : BARRICADED SEE CHART "A" SEE CHART "A' WORK ZONE INSTALL TEMPORARY NO PARKING SIGNS If REQUIRED NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME WORK ZONES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS FOR 13" REFLECTIVE SLEEVES. NIGHT WORK ZONES. 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED WTH A MINIMUM OF TWO 3-INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3. A C13 "END CONSTRUCTION" OR C14 'END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE / DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TR FIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: L b-Lz . LOW SPEED STREET TC-4 MEDIAN OR DIVIDING LINE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — SHOULDER 9 5' min. t OR Y WORK AREA C18 or C24 or C23 C13 or C14 INSTALL TEMPORARY NO PARKING 9GNS IF REOUIREO 100± 200'± 100'± Cones or delineators 2 max, spacing CONES OR DELINEATORS 25' MAX. SPACING NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME SHOULDER CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE 13" REFLECTIVE SLEEVES. LOCATIONS INDICATED DURING NIGHT SHOULDER CLOSURES. 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT SHOULDER CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED 1WTH A MINIMUM OF TWO 3—INCH BANDS PLACED A REFLECTORIZEO. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3, A C13 'ENO CONSTRUCTION" OR C14 "END ROAD WORK" SIGN. AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 6. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE. SHT. TC-6 SHALL BE USED. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0 DESIGNED BY: TAE �� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: /;kZ I TYPICAL SHOULDER CLOSURE TC-5 c= c= -0 See note 6. 10' -0 5' MIN. • 41 • • • •�• • • • • • • • • • • Y WORK AHE t • • • • *OR Y • *OR Y li C17(25){e C30 C18 C20(Rt) C20 f INSTALL TEMPORARY NO PARKING SIGNS C' C23 Bike IF REaIREo C13 or C14 S S S Toper L 150, See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' min. NOTES: 1. ALL ADVANCE WARNING SICN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR S. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 8. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-9 SHALL BE USED. A, 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0 1d DESIGNED BY: TAE , DEPARTMENT OF PUBLIC WORKS VTAFFIC DRAWN BY: JAA r ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: v f' SINGLE LANE CLOSURE (RIGHT LANE) TC-6 Varies S SEE NOTE 6 See Chart "A" C18 23 C13 or C14 or Y OR alE o— o— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — o— o— 5' MIN. • • • Y C3O� Y ^� RK AR A • • • • • • • • • • • � 10' min.♦ b 5' MIN. • *ORY • C2O(Lt) •I, C2O(Lt) C17(25) or 8C23 C13 or C14 S S S Toper L 150' See Chart "A" See Chart "A" See Chart "A" See Chart "A" min. INSTALL TEMPORARY NO PARKING SIGNS NOTES: IF REQUIRED 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13" REFLECTIVE SLEEVES. 8. IF NOT POSSIBLE TO MAINTAIN MINIMUM CLEARANCE, SHEETS TC-10, OR TC-11 SHALL BE USED. A 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 911OZ97 APPROVED BY: CITY OF HUNTINGTON BEACH 0191 DESIGNED BY: TAE 1/ (� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA T AFFIC ENGINEER, RCE 38580, RTE 15711 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: tg�i�c �% SINGLE LANE CLOSURE (LEFT LANE) TC-7 s s See Chart "A" See Chart "A" C13 C23 OR C14 C20(Mod) OR CIS Y oR CIE 4 a a C228 4 WOR •Y• R17 rR17 Y AREA— C18 OR C23 • C20(Mod) C13 OR C14 S S See Chart "A" See Chart "A" NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE 13" REFLECTIVE SLEEVES. LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH, DELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE. MAY BE PLACED AT THE END OF THE WORK ZONE. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH °la Q DESIGNED BY: TAE �` DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA ?TRFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE j APPROVED DATE: PIA?—A LEFT TURN LANE CLOSURE TC-8 INSTALL TEMPORARY NO PARKINC SIGNS Ir REOUIRED Toper L Toper L S S S See Chart "A" See Chart 'A" See Chart 'A" See Chart "A" See Chart "A" C18 rt{C13 or C14 C17(25) C20(It) C20(It) Y23 orC�IE 10' min. A, a � a 0— 40 -0 • 0— • ♦ — — — — — — — 17(25) 10�m1n, 5'MIN.* . ®•Y •ill • a' — — — C 0 See note 6. • p C30 WORK CIE OR Y 0 C21 or WI(It) or C30 WI(Rt) or `D C18, C23 Cl C20(Rt) W2(It) W"2(Rt) C13 or C14 C20(Bjke) S S S S Taper L Toper L 150' Sea Chart 'A" See Chart "A' See Chart "A" See Chart "A' See Chart "A' See Chart "A" min. NOTES: INSTALL TEMPORARY NO PARKINC SIGNS IF REQUIRED 1• ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. REFLECTORIZED. B. FOR SPEEDS OF 30 MPH OR LOWER, USE W2 SIGNS. FOR SPEEDS OF 35 MPH OR GREATER, 3. A C13 "END CONSTRUCTION' OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE USE W1 SIGNS, PLACED AT THE END OF THE WORK ZONE. 9. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-11 SHALL BE USED. 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13" REFLECTIVE SLEEVES. 12' MIN, LANE WIDTH WHEN NEXT TO A CURB OR VERTICAL OBSTRUCTION. 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH, DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH °ld L - DESIGNED BY: TAE o - DEPARTMENT OF PUBLIC WORKS r._._ .�. DRAWN BY: JAA � IC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE AR FPPROVED DATE: TYPICAL CLOSING OF HALF ROADWAY TC-9 C78 or C23 • *DRY •� C20(RT) •�C20(RT) See note 6. {' C17(25) 10' min. A 5' MIN. C30 • Y • • Y • Y WORK AR A • -0 DORY 10 • C18 • C20(RT) • C20(RT) C20(BIke) 200' C13 or C14 or C23 Min. S S S S L L ISO, Varies See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' min. -.TAU TEMPORARY NO PARKING SMS NOTES: Ir REou1RE0 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR S. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE. MAY BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE 1 PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL. 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CUR13 OR OTHER VERTICAL OBSTRUCTION. DATE: 9/11/97 APPROVED BY: 7 CITY OF HUNTINGTON BEACH 0lj DESIGNED BY: TAE _ / / DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA 6FFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE / APPROVED DATE: /Gll� MULTI—LANE CLOSURE TC-10 (LEFT AND RIGHT SIDE CLOSURE TO BE SIMILAR) C23 or C18 I 1 w w INSTALL TEMPORARY NO PARKING SIGNS r IF REOUIREO M7 C9A: o Cone4 25' max.ispacing Varles S S S R1T3" I!") I SEE CHART "A' SEE CHART 'A" SEE CHART "A' C13 or C14 - �`, C36 C9A C18 or C23 • • YOR* • Variable C17(25) See Chart 'B' 10' Min.� C17 25 (11, • —•—•—• •—�— ( ) • 5' MIN. • WOR A A • • Y C30 • b C18 OR Y • C9A • C36 I or C23 C13 or C14 SEE CHART "A" SEE CHART 'A' SEE CHART "A" Optional Vehicle INSTALL TEMPORARY NO PARKING SICNS IF REOUREO NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS 13" REFLECTIVE SLEEVES. INDICATED DURING NIGHT WORK ZONES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT 2, ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANOS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANOS. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. At 12' MINIMUM LANE WIOTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0 " �./ DESIGNED BY: TAE /' �--- DEPARTMENT OF PUBLIC WORKS a !� r DRAWN BY: JAA FFIC ENGINEER, RICE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING No. CHECKED BY: TAE 7 APPROVED DATE: TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL TC-11 I o 1 • � 1 INSTALL TEMPto ORARY NO PARKING SIGNS cf f� f� Q /,� IF REQUIRED u ou V V 0 tl See note 6. In Toper L S S C13 or C14 See Chart 'A" See Chart "A' See Chart "A C23 C20(Lt) OR CIS • Yor 9IE • R17 o— o— R17 wl G o— a • • W C228 C22B Y • • of • • • • R17 3 w • R17 See note • or Y • CIS or C23 C20(Lt) C13 or C14 S S Toper L u See Chart "A" See Chart 'A" See Chart 'A' Y Y c . 'a u INSTALL TEMPORARY NO PARKING SGNS IF —�I U H REOUIREO ♦ ~ u'} u u NOTES: I • i w I. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLACS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL 3. A C73 "ENO CONSTRUCTION' OR C14 'END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC 4. ALL CONES SHAH BE ZB" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 13' REFLECTIVE SLEEVES. Ak 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/12/97 APPROVED BY: CITY OF HUNTINGTON BEACH EV— DRAWNDESIGNED BY: TAE � / _ DEPARTMENT OF PUBLIC WORKS BY: JAA /fR FIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE W0RK TRAFFIC C0NTR0L G NO.CHECKED BY: TAE APPROVED DATE: / �/` / WORK WITHIN INTERSECTION (LEFT LANE / LEFT TURN LANE) 12 NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR C23 or CIE I I C13 or DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE C18 or 4 U C14 LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. U U 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR < , REFLECTORIZED. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE v S PLACED AT THE ENO OF THE WORK ZONE. V See Chart A 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH En 13" REFLECTIVE SLEEVES. -- -- -- -- -- -- -- - 4 C13 or c Y or C23 or C14 E Work Area a C18 a See note 6, 0\'ps T o • ory • C20(Rt) C30 R18(Rt)F F -- -- -- -- -- -- -- -- C23 or R96 >r 96 C13 or C18 R968 a R968 C14 50' min BETWEEN i DELINEATORS M 3 f- Q a8 S S Toper L to n v See Chart 'A" See Chart "A" See Chart "A" p w° w 5 W JR r • Ewa "W N]TALL nvpmmC No PAwroc 9W5 O W Z MEOUNCO • � m W ' o , I , f- 5. ALL PORTABLE DEUNEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT a WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A C3 See nose 6 MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE C13 T I �Q� I rn w BANDS. ui or C14 , V En 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL I C20(Lt) C�- WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. a x. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC `oY H v a MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. I I w w in 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL C or OBSTRUCTION. C22 3 DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0 1" DESIGNED BY: TAE —— DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA T AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. WORK WITHIN INTERSECTION TC-13 CHECKED BY: JDO� APPROVED DATE: o RIGHT LANE / LEFT LANE L S See Chart 'A' See Chart 'A' C18 C13 or C14 Y OR or C23 • a See note 6, a • • • C30 -fl C30 • Y WO AREA • • — — — — -•—•—• •—•—•- • —� •—• •- — — — — �' 10' min. • *ORY • *ORY C18 C20(Lt) INSTALL TEMPORARY NO PARKING SIGNS or C23 Ir REou= C13 or C14 S S 50' min gap See Chart 'A' See Chart 'A' BETWEEN DELINEATORS INSTALL TEMPORARY NO PARKING SIGNS Ir KOM_ NOTES: I. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'ENO CONSTRUCTION' OR C14 'ENO ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0A DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS a DRAWN BY: JAA T FF1C ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE I APPROVED DATE: v/.Z % WORK BEYOND INTERSECTION (LEFT LANE) TC-14 Indicate North with an "N" L Voriee S See Chart "A" See Chart "A" Y OR • Cta or C23 o— See note 6. �r 50' min gap 5' MIN, "sue BETWEEN _ • —• •—• e — — — — DELINEATORS • -{' • • • 41 • S� e 30 Y WORK AREA • a' • *OR Y • *OR Y C30 R18(Rt) �p C30 C13 or C14 C18 C20(RQ or C23 suu TEMPORARY NO RKING 9GN5 PA INSTALL TEMPORARY NO PARMNG 4CN5 S S IF REONRED IF REWREO See Chart "A" See Chart "A' NOTES: 1, ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH, DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS, 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION, OPERATE FAS IN SEQUENTIAL ARROW MODE. 4, ALL CONES SHALL BE 29" HIGH, CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13" REFLECTIVE SLEEVES, I 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0 4 DESIGNED BY: TAE �/� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA T F C ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE PPROVED DATE: �' /.� �' % WORK BEYOND INTERSECTION (RIGHT LANE) TC-15 See left turn lone 1 closure TC-8 6 3 4 2 4 2 WALK r 4 I SLOP 4 3 N R1 0 a N � o m � � Z Y 0 < Q a 0 w Z NOTES: z a af m 0 w 0 t�1 INSTALL C2 (36"x24") ON > a. TYPE II BARRICADE m A H 2O INSTALL R11 (36"x36") ON i TYPE II BARRICADE N 3O INSTALL TYPE II BARRICADE N z OR DELINEATOR O4 TIE BARRICADES TOGETHER WITH YELLOW CAUTION TAPE 5O CLOSE LEFT TURN POCKET PER 6O INSTALL R16 (24"x24") ON TYPE II HUNTINGTON BEACH MAINTENANCE WORK BARRICADE. R16 TO FACE ON COMING TRAFFIC CONTROL MANUAL, SHEET TC-5 TRAFFIC. DATE: 9/17/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE ? DEPARTMENT OF PUBLIC WORKS 'r-n. ,, /_ DRAWN BY: JAA RAl`FIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: JDO APPROVED DATE: 9,01z V7 RESIDENTIAL STREET CLOSURE TC-16 APPENDIX C CONTRACTORS BUSINESS LICENSE APPLICATION APPLICATION FOR BUSINESS LICENSE CITY OF HUNTINGTON BEACH License Dept. - P.O. Box 711 - 2000 Main-Street HL•\TINGtf)N 6(ACM Huntington.Beach, CA 92648 - Tel. (714) 536-5267 PLEASE TYPE OR PRINT Business SAMPLE ONLY Name: Business Address: Telephone Number V 'Street city p Mailing Address: Telephone � Number Street city Zip Descripthn of Business . . . -.-- - - .. ---— = State of California Contractor/Professional License Number Class: One of the following-,(whichever is applicable) Soc. Sec. No. - Federal ID No. State ID Board of Equalization Permit No. Health Dept. Permit No. This business is: ( ) Individual ( ) Partnership ( ) Corporation List Owners/Officers on lines below: 1 . 2. Number of individuals actively involved in business in Huntington Beach:Full—time: /Part—time: Number Number of vehicles used to conduct business: Under 1 ton 1 to 3 tons over 3 tons Date that you will start business in this City: No. of Rental Units: (Apts, Motel/Hotel Rooms,Trailer Spaces) Date of Purchase Rental Equipment (give no.) Passenger autos Trucks Trailers (2 whl) (4 who Number of coin operated machines on premises: Music Vending Service Amusement I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation. ❑ Certificate of Workers Compensation Insurance ❑ Certificate of Self-Insurance of Workers Compensation ❑ I certify that in the performance of work for which this license is issued I shall not employ any person in any manner so as to become subject to the workers'compensation laws of California. Note:If after signing the certificate,you hire any employee,you become subject to the workers'compensation provisions of the California Labor Code,and you must immediately comply with the provisions of Section 3700 or your license Immediately becomes revoked. I hereby declare under penalty of perjury that the above statements and information are true and correct. Signature Date r LOCAL BUSINESS ONLY: Complete appropriate portion of reverse side of application. FOR OFFICE USE ONLY: Classification of business Fee: Date Certification of Occupancy filed: Issued Home Occupation Permit filed: Approved REMARKS: T/1TTT n�tP' � NAME: SAMPLE ONLY • (First) (Middle) (Last) HOME ADDRESS: PHONE: (Number/Slreat/City/ZID) BIRTHDATE*__ BIRTHPLACE: (Mo..Day. Yea() (City,State.Country) HEIGHT: Ft. , In. WEIGHT: EYES: HAIR: SOCIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO.: ALTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE,ACCIDENT OR EMERGENCY: NAME' PHONE: ( 1 RELATIONSHIP: DATE: (Signature of ADDilcant) NAME: SAMPLE ONLY (First) (Middle) (Last) HOME ADDRESS: PHONE: (Number/Street/City/Zip) BIRTHDATE: BIRTHPLACE: o., ay, ear (City,State,Country HEIGHT: Ft. In. WEIGHT: EYES: HAIR: SOCIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO.: ALTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE,ACCIDENT OR EMERGENCY: NAME: PHONE:( 1 RELATIONSHIP: DATE: (Signature of Applicant) NAME: SAMPLE ONLY (First) (Middle) (Last) HOME ADDRESS: PHONE: (Number/Street/City/Zlp) BIRTHDATE: BIRTHPLACE: (Mo.,Day, Year) (City,State,Country) HEIGHT: Ft. In. WEIGHT EYES: HAIR: SOCIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO.: ALTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE,ACCIDENT OR EMERGENCY: NAME: PHONE:( ! RELATIONSHIP: DATE: (Signature of Applicant) APPENDIX D AGENCY STANDARD PLANS NEW A.C. NATIVE OR IMPORTED BACKFILL AT CONTRACTOR'S NEW A.B. OPTION TO BE BROUGHT UP IN LIFTS AND COMPACTED ti U i N CONTRACTOR SHALL f:t_7:> MATCH EXIST. , NA TURAL SURFACE OR FINISH GRADE WZ � N j N Z •a •� SEE GEN. NO TE 5 Z NI j' 41 1 SACK SLURRY •� /' TO UNDISTURBED SOIL •a z CL 0- \ PIPE SUBGRADE \, Ui WIDTH �u SEE NOTE 1. Q 1 0 .o. 0. — PIPE FOUNDATION —_ � o � o 3/4" MAX. / QI I I CRUSHED ROCKCL FOR UNSTABLE .SOIL CONDITION SEE GEN. NOTE 4 1" TO 1.5" MAX. GRAVEL AS DIRECTED 4" MIN.—8'; 10" PIPE MIN.—12" PIPE AND LARGER TYPICAL NORMAL BEDDING OVERWIDTH BEDDING GENERAL NOTES. 1. TRENCH WID TH A T THE UPPER LIMI T OF THE PIPE ZONE SHALL BE WI THIN THE FOLLOWING LIMITS FOR TYPICAL NORMAL BEDDING. (A) MAX. TRENCH WIDTH—O.D. PIPE OR BELL PLUS 16"-8" MAX. EACH SIDE OF PIPE. (B) MIN. TRENCH WIDTH—O.D. PIPE OR BELL PLUS 12"-6" MIN. EACH SIDE OF PIPE. 2. OVERW/DTH BEDDING SHALL BE USED WHERE THE TRENCH WIDTH AT THE UPPER LIMIT OF THE PIPE ZONE EXCEEDS THE MAXIMUM WIDTH SPECIFIED ABOVE. J. OVERW/OTH BEDDING—MAXIMUM TO BE DETERMINED IN FIELD BY THE PUBLIC WORKS INSPECTOR ON THE BASIS OF 0VERWID TH EXCA VA TED. 4. IF UNSTABLE SOIL IS ENCOUNTERED, PUBLIC WORKS INSPECTOR TO DETERMINE DEPTH OF REMOVAL AND SIZE OF FOUNDATION ROCK. 5. IN LIEU OF THE SAND EQUIVALENT 30 MATERIAL IN THE PIPE ZONE, THE CONTRACTOR MAY EXTEND THE 3/4" MAX. CRUSHED ROCK TO THE TOP OF THE PIPE ZONE. 6. CONCRETE ENCASEMENT SHALL BE USED WHERE COVER IS UNDER 4' OR OVER 20: APPROVED: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY ENGINEER STANDARD PLAN DATE: March 21, 1994 V.C.P. PIPE BEDDING DETAILS 502 1.5" DEEP HAND FORMED KEY SEE M.H. SHAFT 1' OPENING 4„ 2„ 4„ LARGEST RADIUS POSSIBLE / OU LE IN ET MH. r- 68 - STATIONING UNDISTURBED SOIL TYPICAL SECTION PLAN ROTATED 90' FOR CLARITY NO TES.- 7. GROUT ALL JOINTS AND VOIDS SMOOTH AND WATER TIGHT, INSIDE AND OUT. 2. FORM KEY IN BASE AND SET M.H. IN GROUT AFTER BASE HAS SET A MINIMUM OF 24 HOURS. J. SIDES OF BASE SHALL BE FORMED OR POURED AGAINST VERTICAL SMOOTH EARTH. 4. CROWN OF LATERAL SHALL MATCH CROWN OF MAIN. 5. MANHOLE BASE SHALL BE POURED WITH CLASS 'A" CONCRETE. FOR PRECAST MANHOLE SEE STD. PLAN 505. 6. MANHOLE SIZING SHALL BE PER STD. PLAN 500, SHEET 3 of 7, PARAGRAPH 1. 10. 7. PIPE SHALL BE LAID WITH END SQUARE INTO MANHOLE BASE, UNLESS O THERW/SE NOTED. CONSTRUCT FILLET SHELF OVER PIPE TO DRAIN. 8. SEE STD. PLAN 50J FOR PVC PIPE CONNECTION DETAILS. 9. PLUG ANY UNUSED CONNECTION (TYP.). 10. 1' JOINT AT ALL INLETS AND OUTLETS FOR VCP ONLY. APPROVED: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY ENGINEER STANDARD PLAN DATE: March 21, 1994 MANHOLE CONCRETE BASE 504 I L OCA TE SEWER WI TH A 1-1/2" HIGH "S'" !L, CHISELED /N TOP OF CURB WHERE THE �? LATERAL CROSSES UNDER THE CURB. ? WHERE NO CURB EXISTS OR WHERE THE Z LATERAL ENDS 8' OR MORE BACK OF W I CURB, PLACE BRICK, WIRE AND TAG AS o �u SHOWN. I C� W I VARIES � e I � lBRICK, WIRE AND TAG f l CLEAN-OUT (SEE j STD. PLAN 508) IF REQUIRED. J iI 48" MIN. COVER @ WYE I PROPERTY LINE. /' 12 i OR TEE - - - --- ---- - - - -- - - - - - - 1% MIN. SLOPE I ' 118 AND 1/16 BENDS V.C. PLUG OR NEOPRENE AS REQUIRED STOPPER GRAVEL OR CRUSHED ROCK BEDDING TO SPRINGLINE OF WYE AND 7.0' EACH SIDE OF LA TERAL. GENERAL NOTES: 1. V✓HEP,E A WYE OR TEE /S INSTALLED WITHOUT HOUSE LATERAL, A V.C. PLUG OR NEOPRENE STOPPER SHALL BE INSTALLED. 2. LATERAL SIZE TO BE DETERMINED ON THE BASIS OF THE TOTAL NUMBER OF FIXTURE UNITS DRAINED. IN NO CASE SHALL THE LATERAL BE LESS THAN 4" FOR SINGLE FAMILY RESIDENTIAL, 5 " FOR COMMERCIAL, INDUSTRIAL, OR MUL TI-FAMIL Y RESIDEN TIAL. 3. THE LATERAL SHALL BE BEDDED THE SAME AS THE MAINLINE SEV✓ER. 4. AS-EUILT SEV✓ER LATERAL LOCATIONS SHALL BE FURNISHED TO THE PUBLIC WORKS INSPECTOR ON FORMS PROVIDED PRIOR TO FINAL APPROVAL OF WORK, AND SHALL BE SHOWN ON PLANS. 5. A T -LL V✓A TER l�lAlN X-INGS REFER TO H.B. MUNICIPAL WATER DIVISION SPECIAL CONCI TIONS. 6. FOR CUT IN V✓YE OR SADDLE CONNECTION SEE STD. PLANS 5110 AND 517 RESPEC Tl VEL Y. APPROVED: •J � CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS CITY ENGINEER STANDARD PLAN DATE: Vcrch 21, 1994 TYPICAL SEWER LATERAL 507 APPENDIX E FEDERAL LABOR STANDARDS Federal Labor Standards Provisions U.S. Department of Housing and Urban Development "ir Applicability The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise A.1.(i)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate) week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretary of labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification, of wages and bona fide fringe benefits(or cash equivalents thereof)due at (III)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of tabor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer or of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR-5.5(a)(1)(iv);also,regular bona fide fringe benefits under a plan or program,Provided,That the contributions made or costs incurred for more than a weekly period(but Secretary of labor has found,upon the written request of the contractor, not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or t.on for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and accrued payments or advances as may be considered necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers, tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible,place where it can be easily seen by the workers. required by the contract.In the event of failure to pay any laborer or (ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract,HUD or its desig- therefore only when the following criteria have been met: nee may,after written notice to the contractor,sponsor,applicant,or owner, (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and further payment,advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industry;and burse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.(1)Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949.in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name, of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor- representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee tions or costs anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-ta con Act), time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor,the laborers or mechanics to be (a)(1)(iv)that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor (including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such Previous Edition is Obsolete HUD-4010(2-84) (HB 1344.1) benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the written evidence of the registration of apprenticeship programs and certff- applicable wage rate on the wage determination for the classification of cation of trainee programs,the registration of the apprentices and trainees, work actually performed.In addition.any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi- Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing (ii)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is contract work is performed a copy of all payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour- the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regis- the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the information level of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe benefits, ments(Federal Stock Number 029-005-0001 4-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the Office,Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In 1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work contract and shall certify the following: performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16,trainees will not be required to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and rectly from the full wages earned,other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in sicauon of work performed,as specified in the applicable wage determina- accordance with the provisions of the trainee program.If the trainee pro- tion incorporated into the contract. gram does not mention fringe benefits,trainees shall be paid the full (c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman paragraph A.3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full (d)The falsification of any of the above certifications rnay subject the fringe benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not (iii)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid Department of tabor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available,HUD istration withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor,appli- longer be permitted to utilize trainees at less than the applicable predeter- cant,or owner,take such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is pension of any further payment,advance,or guarantee of funds.Further- approved. more,failure to submit the required records upon request or to make such (iii)Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as 4.(i)Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30. mitted to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by bona fide apprenticeship program registered with the U.S.Department of reference in this contract Labor,Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is require,and also a clause requiring the subcontractors to include these not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon- (where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5. HUD-4010(2-84) 7.Contracte termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract,and for debar- pay for all hours worked in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater. 8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)o!this 29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall contract be liable for the unpaid wages.In addition,such contractor and subcon- 9.Disputes concerning labor standards. Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract.Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be com- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on designee,the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight representatives. hours or in excess of the standard workweek of forty hours without pay- 10.(i)Certification of Eligibility.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (ii)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract,or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act,which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code,18 U.S.C. 1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010.Title 18,U.S.C.,"Federal Housing Administration transactions',pro- forth in subparagraph(2)of this paragraph. vides in part"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this knowing the same to be false. . . shall be tined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or in any other manner paragraph. discriminated against by the Contractor or any subcontractor because such C.Health and Safety employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer. health standards promulgated by the Secretary of Labor by regulation. B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the graph,the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat.96). for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions. HUD-4010 (2-84) WAIS Document Retrieval httpJ/neptune.fedw•orld.13ov/cgi-bin/waisg...docid-412099005+0+0+0&waisaction-retriev. GENERAL DECISION CA980035 02/13/98 CA35 General Decision Number CA980035 Superseded General Decision No. CA970035 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies) : ORANGE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/13/1998 COUNTY(ies) : ORANGE ASBE0005B 09/16/1996 Rates Fringes INSULATOR/ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 27.96 7.53 ---------------------------------------------------------------- ASBE0208B 06/01/1996 Rates Fringes ASBESTOS REMOVAL WORKER/ HAZARDOUS MATERIAL HANDLER Includes prepaY:ation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 19.70 4.81 ---------------------------------------------------------------- BOIL0092A 04/01/1997 Rates Fringes BOILERMAKER 29.06 9.01 ---------------------------------------------------------------- BRCA0004B 05/01/1997 Rates Fringes BRICKLAYER; MARBLE SETTER 24.66 5.40 ---------------------------------------------------------------- • BRCA0018A 06/01/1996 Rates Fringes LOS ANGELES AND ORANGE COUNTIES: TILE SETTERS 22.84 3.95 ----------------------------------------------------------------- GJi^J1G0 •G.CL WAIS Document Retrieval httpJ/neptune.fedwarld.govlcgi biu✓waisg...docid=412099005+0+0+0&waisac6on=retriev BRCA0018K 06/01/1996 Rates Fringes TERRAZZO 470RKER 25.97 4.15 TERRAZZO FINISHER 20.16 4 .15 ---------------------------------------------------------------- CARP0002A 07/01/1997 Rates Fringes CARPENTERS: Carpenter (including drywall lathing) , cabinet installer, floor worker and acoustical installer 23.80 5.18 Insulation installer: Wood frame or concrete block or tilt-up, Types III, IV and V construction 17 .00 4.81 All other work 23.80 5.18 Shingler 23.93 5.18 Saw filer 23.88 5.18 Table power saw operator 23. 90 5.18 Pneumatic nailer or power stapler 24.05 5. 18 Commercial fence builder 20.80 5.18 Roof loader of shingles (com- mercial) 16.75 5. 18 Millwright 24.30 5.18 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rock slinger 23.93 5.18 Head rock slinger 24 .03 5.18 Rock barge or scow 23.83 5.18 ---------------------------------------------------------------- CARP0002B 07/01/1996 Rates Fringes DIVERS: Diver, wet 52.86 5.10 Diver, stand-by 26.43 5.10 Diver tender 25.43 5.10 ---------------------------------------------------------------- ELECOO11I 12/01/1992 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: CU,&MNICATIONS & SYSTEMS: Installer 16.15 3$ + 3.40 Technician 17.90 3% + 3.40 Alarm technician (duties limited to pulling wire to and terminating devices; not to install devices that interface with other contractors (mounting waterflow, duct detectors, dampers or connecting control panels) ) 13.93 3$ + 3.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, .!.A CJl7JG0 >O-tom J`> WA1S Document Retrieval httpl/neptune.fedworld.gov/cgi-bin/waisg...docid=4 12099005+0+0+0&waisaction=retriev vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. ---------------------------------------------------------------- ELEC0441A 06/01/1995 Rates Fringes ELECTRICIANS: Electrician 26.50 3% + 5.90 Cable splicer 27.72 3S + 5.90 LINE CONSTRUCTION: Line technician; Heavy equipment operator 26.15 3S + 6.09 Cable splicer 27.35 3% + 6.09 Ground person 22.57 3% + 6.09 ---------------------------------------------------------------- ELEC1245A 06/01/1997 Rates Fringes OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer 28.64 4.5% +6.78 Powder worker 27.21 4.5% +6.54 Ground person 18.62 4.5% +6.50 Line worker„Welding 30.07 4.5% +7.02 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. ---------------------------------------------------------------- ELEV0018A 09/15/1997 Rates Fringes IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SANTA BARBARA, SAN BERNARDINO, VENTURA COUNTIES: ELEVATOR MECHANICS 30.145 6.405 FOOTNOTE: Vacation Ply: 8$ with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------------------------------------------------- WAIS Document Retrieval httpl/neptune.fedworld.gov/cgi•b'ui/waisg...docid-412099005+0+0+0&waisaction-retriev ENGIO012C 07/01/1997 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 24.30 9.95 GROUP 2 25.08 9.95 GROUP 3 25.37 9.95 GROUP 4 25.51 9.95 GROUP 5 26.61 9.95 GROUP 6 25.73 9.95 GROUP 7 25.84 9.95 GROUP 8 26.94 9.95 GROUP 9 25.96 9.95 GROUP 10 27.06 9.95 GROUP 11 26.13 9.95 GROUP 12 26.23 9.95 GROUP 13 26.26 9.95 GROUP 14 26.34 9.95 GROUP 15 26.46 9.95 GROUP 16 26.63 9.95 GROUP 17 26.73 9.95 GROUP 18 26.84 9.95 GROUP 19 26.96 9.95 GROUP 20 27.13 9.95 GROUP 21 27.23 9.95 GROUP 22 27.34 9.95 GROUP 23 27.46 9.95 GROUP 24 27.63 9.95 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 24.30 9.95 GROUP 2 25.08 9.95 GROUP 3 25.37 9.95 GROUP 4 25.51 9.95 GROUP 5 25.73 9.95 GROUP 6 25.84 9.95 GROUP 7 25.96 9.95 GROUP 8 26.13 9.95 GROUP 9 26.30 9.95 GROUP 10 27.30 9.95 GROUP 11 28.30 9.95 GROUP 12 29.30 9.95 GROUP 13 30.30 9.95 TUNNEL GROUP: GROUP 1 25.58 9.95 GROUP 2 25.87 9.95 GROUP 3 26.01 9.95 GROUP 4 26.23 9.95 GROUP 5 26.34 9.95 GROUP 6 26.46 9.95 GROUP 7 26.76 9.95 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator,. signal, switch GROUP 2: Concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant) , skiploader (when wheel type up to 3/4 yd. without attachment) , tar pot fire person,' temporary WAIS Document Retrieval httpJ/neptune.fedworld.gor/cgi-bin/waisS...docid=112099005+0+0+0&waisaction=retriev heating plant operator, trenching machine operator GROUP 3: Equipment greaser (rack) , Ford Ferguson (with dragtype attachments) , helicopter radio (ground), power concrete curing machine operator, power concrete saw operator, power - driver jumbo form setter operator, stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini-max or similar.type) , boring machine operator, box or mixer (asphalt or concrete) , chip spreading machine operator, concrete pump operator (small portable) , drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) , equipment greaser (grease truck) , guard rail post driver operator, highline cableway signal, hydra-hammer-aero stomper, power sweeper operator, roller operator (compacting) , screed operator (asphalt or concrete) , trenching machine operator (up to 6 ft. ) GROUP 5: Equipment greaser (grease truck/multi-shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type) , concrete planer operator, deck engine operator, derrick (oilfield type) , drilling machine operator, bucket or auger types (Caldwell 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) , drilling machine operator, hydrographic seeder machine operator (straw, pump or seed) , Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt) , mechanical finisher operator (concrete, Clary-Johnson- Bidwell or similar type) , pavement breaker operator (truck mounted) , road oil mixing machine operator, roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) , self-propelled tar pipelining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) , slip form pump operator (power driven hydraulic lifting device for concrete forms) , tractor operator - bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) , tugger hoist operator GROUP 7: Asphalt or concrete spreading operator (tamping or finishing) , asphalt paving machine operator (Barber Greene or similar type) , backhoe operator (up to and including 3/4 yd. ) , small Ford, Case or similar, cast-in-place pipe laying machine operator, combination mixer and compressor operator (gunite work) , compactor operator (self-propelled) , concrete mixer operator (paving) , crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Caldwell 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) , elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy-duty repair person, Kalamazoo ballast regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar type, loader operator (Athey, Euclid, Sierra and similar types) , pneumatic concrete placing machine operator (Hackley-Presswell or similar type) , pumperete operator, rotary drill operator (excluding caisson type) , rubber-tired earth-moving equipment L -L 1!. dll.floG .G�L 1L WAIS Document Retrieval http•J/neptune.fedworld.gov/cgi-bin/waisg...docid=412099005+0+0+0&waisaction-retricv operator (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck) , rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) , rubber-tired scraper operator (self-loading paddle wheel type - John Deere, 1040 and similar single unit) , self-propelled curb and gutter machine operator, skiploader operator (crawler and wheel type over 1-1/2 yds, up to and including 6-1/2 yds.) , surface heater and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer,. tamper, scraper and push tractor single engine) , tractor operator (boom attachments) , traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator GROUP 8: Heavy-duty repair person (multi-shift) GROUP 9: Drilling machine operator, bucket or auger types (Caldwell 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum) , dual drum mixer, heavy-duty repair-welder combination, monorail locomotive operator (diesel, gas or electric) , motor patrol - blade operator (single engine) , multiple engine tractor operator (Euclid and similar type - except Quad 9 cat. ) , rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) , rubber-tired earth-moving equipment operator (multiple engine, Euclid, Caterpillar and similar over 25 yds . and up to 50 yds. ) , tower crane repair person, tractor loader operator (crawler and wheel type over 6- 1/2 yds. } , Woods mixer operator (and similar pugmill equipment) GROUP 10: Heavy-duty repair-welder combination (multi-shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger 200 CA or similar types - Watson auger 6000 or similar types - drilling depth of 175' maximum) , hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi-engine) , pipe mobile machine operator, rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) , rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 12: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote- control earth-moving equipment operator, wheel excavator operator GROUP 14 : Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) , rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine - up to and including 25 yds. struck) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 NAIS Document Retrieval httpl/neptune.fedworld.gov/cgi-bin/waisg...docid-412099005+0+0+0&K,aisaction=retries: yds, struck) , rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) , tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types .in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Concrete pump operator, truck-mounted, rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 cu. yds. struck) , rubber-tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds, struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to �.nd including 25 yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) , rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) , rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) 3 GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS WAIS Document Retrieval httpl/neptune.fedw•orld.gov/cgi-bin/waisg...docid-412099005+0+0+0&w•aisaction=retriev GROUP 1: Engineer oiler; Fork lift operator (under 5 tons capacity) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Fork lift operator (over 5 tons) ; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Tower crane operator GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) .0 to GJa elms an Lc ya WAIS Document Retrieval http://ncptune.fedworld.gov/cgi-biu✓waisg...docid-412099005t0+0=0&waisaction=retricv. TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy-duty repair/welder combination GROUP 7: Tunnel mole boring machine operator ---------------------------------------------------------------- F-NGI0012D 08/01/1997 Rates Fringes POKER EQUIPMENT OPERATORS: DREDGING: Hydraulic suction dredges: Lever person operator 29.15 9.95 Deckmate; Watch engineer; Welder 26.07 9.95 Winch (stern winch on dredge) 25.52 9.95 Bargehand; Deckhand; Fire person-oiler; Leveehand 24.98 9.95 Dozer 26.18 9.95 Clamshell dredges: Lever person operator 29.15 9.95 Watch engineer; Deckmate 26.07 9.95 Barge mate 25.59 9.95 Bargehand; Deckhand; Fire person-oiler 24.98 9.95 ---------------------------------------------------------------- IRON0001A 07/01/1997 Rates Fringes I RONWORKERS: Ornamental, reinforcing and structural 22.68 13.17 Fence erectors 21.79 13.17 ---------------------------------------------------------------- IABOOOO1B 08/01/1997 Rates Fringes BRICK TENDER: Subcontracts over $3 million 17.38 9.24 WAIS Document Retrieval http://ncptune.fedworld.gov/cgi-bin/waisg...docid-412099005+0+0-.O&wajsaction=retriev- Subcontracts of $3 million or less 15.64 5.23 ---------------------------------------------------------------- LAB00002H 07/01/1997 Rates Fringes LABORERS: GROUP 1 17.43 9.29 GROUP 2 17.83 9.29 GROUP 3 18.03 9.29 GROUP 4 19.08 9.29 GROUP 5 19.28 9.29 TUNNEL LABORERS: GROUP 1 20.34 9.29 GROUP 2 20.46 9.29 GROUP 3 20.62 9.29 GROUP 4 20.90 9.29 GUNITE LABORERS: GROUP 1 19.86 10.58 GROUP 2 18.91 10.58 GROUP 3 16.40 10.58 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT) : Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: Gunite premium pay: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms;. Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person) , filling of cracks by any method on any surface; _r.., y a�.00 •n.cc it NAIS Document Retrieval http://ncptune.fedworld.gov/cgi-bidwaisg...docid-412099005+0+0+0&waisaction=rctriev Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as • walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer (lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and,:guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4 : Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shores, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock Slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Porta Shot-Blast; Welding in connection with laborers ' work GROUP 5: Blaster powder, all work of loading holes, placing and WAIS Document Retrieval http://neptune.fedwarld.gov/egi-bin%%aisg...docid-412099005+0+0-0&w•aisaction-retriev. blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, . track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------J------------------------------------------------ t .. LP.BO0300A 07/02/1996 Rates Fringes PLASTERER TENDER 20.05 8.88 ---------------------------------------------------------------- LABOO882B 01/01/1997 Rates Fringes ASBESTOS REMOVAL LABORER 10.37 3.51 SCOPE OF WORK: Includes site mobilization, initial site clean-up, site preparation, removal of asbestos-containing material and toxic waste (including lead abatement and any other toxic materials) , encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO1184A 09/01/1997 YAIS Document Retrieval http•//neptune.fedworld.gov/cgi-bin/waisg...docid-412099005+0+0+0&waisaction=rctriev Rates Fringes LABORERS - STRIPING: GROUP 1 17.64 7.84 GROUP 2 18.04 7.84 GROUP 3 19.61 7.84 GROUP 4 20.61 7.84 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweepers GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- PAIN0036A O1/01/1997 Rates Fringes PAINTERS: Work on service stations and car washes; small new commercial work (construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments) ; small new industrial work (light metal buildings, small warehouses, small storage facilities and tilt-up buildings) ; and tenant improvement work (tenant improvement work not included in conjunction with the construction of the building; including repaint work) (not applicable to any phase of the aerospace industry or to hotels which WAIS Document Retrieval http://neptune.fedworld.gov/cgi-bin/waisg...docid=412099005+0+0+0&waisaction=retric%- operate commercial establish- ments as part of the hotel service) 19.90 5.53 All other work 23.17 5.53 ---------------------------------------------------------------- PAIN0036H 07/01/1997 Rates Fringes DRYWALL FINISHER: Work on wood frame/structured construction 18.00 3.34 All other work 24.06 5.52 ---------------------------------------------------------------- PAIN0636B 11/01/1997 Rates Fringes GLAZIER 23.60 7.34 ---------------------------------------------------------------- PAIN1247B 10/01/1997 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SANTA BARBARA, •SAN LUIS OBISPO, SAN BERNARDINO, VENTURA COUNTIES: SOFT FLOOR LAYER 24.10 6.07 ---------------------------------------------------------------- PLAS0002B 07/01/1997 Rates Fringes PLASTERER 24.73 5.36 ---------------------------------------------------------------- PLAS0052B 07/01/1997 Rates Fringes CEMENT MASONS: Work on projects where the total permit value of the general contract and all subcontracts upon that jobsite is $12 million or less: 1. Cement mason; Curb and gutter machine; Clary and similar type of screed operator (cement only) ; Grinder; Jackson vibratory, Texas screed and similar type screed operator; Scoring machine operator 18.30 8.43 Cement mason (magnesite - epoxy) 18.42 8.43 Cement mason, floating and troweling machine operator 18.55 8.43 All other work: Cement mason; Curb and gutter machine operator; Clary and similar type of screed operator (cement only) ; Grinding machine (all types) ; Jackson vibratory, Texas screed and similar type screed operator; Scoring . C.n pJ19100 SG<�.L• AIS Document Retrieval http://neptune.fedworld.gov/cgi-bin/waisg...docid=412099005+0+0+0&w•aisaction=retriev machine operator 20.26 11.30 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.38 11.30 Cement mason - floating and troweling machine operator 20.51 11.30 ---------------------------------------------------------------- PLUM0016G 07/01/1996 Rates Fringes LOS ANGLELES, ORANGE, RIVERSIDE, SAN LUIS OBISPO, VENTURA COUNTIES: PLUMBER; STEAMFITTER 28.31 7.54 LANDSCAPE & IRRIGATION WORK 22.23 6.80 ---------------------------------------------------------------- PLUM0250B 09/01/1993 Rates Fringes REFRIGERATION & AIR CONDITIONING 27.15 7.40 ---------------------------------------------------------------- ROOF0036B 09/01/1996 Rates Fringes ROOFERS: Roofer 21.77 6.385 Preparer (duties limited to the following: Roof removal of any type of roofing or roofing material; or spudding, or sweeping; and/or clean-up; and/or preload in, or in preparing the roof for application of roofing, damp and/or waterproofing material) 16.24 1.00 FOOTNOTE: 11 Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669H 01/01/1996 Rates Fringes DOES NOT INCLUDE SAN CLEMENTE ISLAND; THE CITY OF SANTA ANA; OR AREA WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 20.00 6.28 ---------------------------------------------------------------- ' SFCA0709C 09/01/1996 Rates Fringes SAN CLEMENTE ISLAND; THE CITY OF SANTA ANA; AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: pia o�co an.cc-.a WAIS Document Retrieval http://ncprane.fedworld.goy/cgi-bin/waisg...docid-412099005+0+0+0&waisaction-retriev SPRINKLER FITTER (FIRE) 28.12 9.84 ---------------------------------------------------------------- SHEE0102B 01/01/1995 Rates Fringes COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation 25.25 8.11 ---------------------------------------------------------------- SHEE0102C 01/01/1995 Rates Fringes INDUSTRIAL SPECIALTIES SHEET METAL WORKER: Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings 24.46 11.22 ---------------------------------------------------------------- TEAM0011E 07/01/1997 Rates Fringes ORANGE, RIVERSIDE, VENTURA COUNTIES: TRUCK DRIVERS: GROUP 1 19.29 11.89 GROUP 2 19.44 11.89 GROUP 3 19.57 11.89 GROUP 4 19.76 11.89 GROUP 5 19.70 11.89 GROUP 6 19.82 11.89 GROUP 7 20.07 11.89 GROUP 8 20.32 11.89 GROUP 9 20.52 11.89 GROUP 10 20.82 11.89 GROUP 11 ' j 21.32 11.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: .Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver .l.n GJ3 aJUG ia.L�J1 /AIS Document Retrieval http://neptune.fedworld.gov/cgi-bin/waisg...docid-412099005+0+0+0&waisaction-retriev GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses. (29 CFR 5.5(a) (1) (v) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted • because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch Of Construction Wage Determinations. Write to: WAIS Document Retrieval http://neptune.fedworld.goy/cgi-U'u✓waisg...docida412099005+0+0+0&waisaction—retriev Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage. and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL, DECISION i OJ39JG0 iG.LC 1i SECTION C PROPOSAL for the SYCAMORE AVENUE SEWER REHABILITATION PROJECT i from SYCAMORE AVENUE BETWEEN OAK LANE AND ELM STREET CASH CONTRACT No. 1045 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 15 working days, including material and pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 870 Line 8"host pipe per Specs. lin ft @ Dollars $ $ Cents Per lin ft 2 50 Point repair host pipe per Specs. lin ft @ Dollars $ $ Cents Per lin ft 3 1 Traffic control per Specs. lump sum @ Dollars $ $ Cents Per lump sum 4 1 Mobilization of equipment&materials($1,250 max.) lump sum @ Dollars $ $ Cents Per lump sum 5 3 Coat existing manhole per Specs. each @ Dollars $ $ Cents Per each 6 1 Demobilization of equipment&materials($1,250 max.) lump sum @ Dollars $ $ Cents Per lump sum 7 18 Re-open service laterals per Specs. each @ Dollars $ $ Cents Per each 8 NOT USED @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: C-Is LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 199 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the SYCAMORE AVENUE SEWER REHABILITATION PROJECT; CC- 1045, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 199_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _day of , 199_. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10