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HomeMy WebLinkAboutSteiny and Company, Inc - 1981-12-21 82-295812 WHEN RECORDED MAIL TO: CC-530 , y 141. RECORDED IN OFFICIAL RECORD f LITY OF HUNTINGTON BEACH OF ORANGE COUNTY. CALiFORNIA Office of the City Clerk EXEMPT P. O. Box 190 C 12 "2§0 PM AUG Z 3 '82 Huntineton Be.ich. Calif. 926dF NOTICE OF COMPLETION LEE A. BRANCH, County Recorder NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to �STE,N► & COMPANY, INC. , 4620 E. La Palma Avenues Anaheim, CA. 92807 who was the company thereon for doing the following work to-wit: construction of traffic signals at Goldenwest and Talbert, Project CC-530, in the City of Huntington Beach. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and , that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on August 16, 1982 That upon said contract the Safeco Insurance Company of America was surety for the bond given by the said company as required by law. Dated at Huntington Beach , California , this 17th day of August 19. 82. 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 ) I , ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach , California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach , California, this 17th day of August 1982 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code ity Clerk and ex-officio Clerk Sec. 6103 and should be recorded of the City Council of the City Pre© of cbarao. of Huntington Beach , California ~ CC 530 C O H T R A C T THIS nc11FEHi11 , made and entered into on the 21gt day of December , 19 81_, by and be tureen the CITY of HUNTINGTON BEACH , a municipal corporation , hereinafter ref erred to as CITY , and STEINY Y COMPANY, a California Corporation hereinafter referred to as CONTRACTOR, RECITALS : 1-11117-,REA,S , in accordance with the provisions of California Labor Code section 1773 , the Director of the Department of In- dustr1al Relations shall determine the general pi,evall.tng, rate of vrages applicable to the vrork covered by the contract ; copies of the latest. general prevailing wage deterininatlons are on file in the- office of the City ClevIc and made a part Hereof . The -sup- pleme►itary conditions attached hereto are part of this contract and incorporated herein ; and The City Council or the City of ilunt:in;tore Beach , Count;; of Orant;c:!, ;State of California , pursuant to stsitutes in such cases made and provided , duly an(! regularly caused a notice to be pub- 1 ishecl calling Por bids - for labor , material , tools and equipmen t for the installation of traffic signals and modification of signing and striping at Goldenwest and Talbert, and construct roadway improve- ments. in sa Ld city cif' Huntinf;torl Cal.if'ornia , ,r.i ld work to be con- Beach ,strur.ted accordint, to plans , specifications , and special provision:- for sarfie on file in !_he office of the Director of Pu►:,lic Works and adopted by the City ;ouncll cif' the City of Hunl; i. nl;tnn Beach on f:he 21st day ref' September , 19 81 , 'lnci ri- for olioe 1 s tierrhy nl.tcie to such plan:, , :.pecl.f' Loatlons , and special. prov i.,,,Ions and by o'llch reference: incol'poratod F1.0 thoui:,h set out Ill heruirl ; and `l'lie C [ t:y CouneLl at a ret,ular meettng theveof and at: tHo thile 'lild placo appollitled therefor 1,00 1ved the report or ;I:e re:,ill t,, of the bid:; suh.,!iit ted by the respective bidders for t.11h, r,0n..truc: Lion and c olliple tion of the above-iiientionerl vrork, and after cat-c rul c;o►i;tderat; ton of all bids submitted to the City Council , aviarded the cont.rac;t; therefor to the contractor therein named it the pricf!r, oet rot%Ul In h.is bld , it being tho lowest zinc', be.-it bid >n : illh i ,►/���/'l9 c-1 r received by the ;,aid City Council , NOW , TMEREFORf.,, In consideration of the covenants and agreements herein contained , being done and performed by the parties hereto , it is hereby agreed as follows : 1 . By my signature hereunder as CONTRACTOR , :I certify that I am aware of the provisions of California Labor Code section 3700 which requires every employer to be Insured against liability for workers ' compensation or to undertake self-insurance in accord- ance with the provisions of that; code , and I will comply with such provisions before commencing the performance of the work of this c-ontract . 2 . CONTRA(71'OR agrees to receive and aceept as, full com- pensation for rurrllsh'?_nir all. materials and fot' dol.nj; all the woI'k cont;ernplated and embraced in this agreement; , the urli t prices Cnt}TRACTOR submitted in his proposal which was accepted by the City Council . A copy of said proposal is attached horeto and incov- porat;ed herein by reference and made a part; hereof' . COU'rRACiOR further agrees that said payment 1)y CI'PY shall include all pay- ments for all loss or damage arir,1m, out of t; e nature of the worst aforesaid , from the action o the elemezt , or from any un- foreseen d.ifficultieS or obstructions which may arise or be en- countered in the prosecul-Jon of the wor;; mit:il its acceptance by CITY , and for all risks of every lescription connected with t}le work; alno for all expenses incurred by or in consequence of the :suspension or di.,contlnuance of work :and for well and faithfully comp.let;int, the wcrk, and the whole thereof , in the r;honer and ac- cordinG to the plaris and :,pl cific�, tlons , and the requirer:ient:, of the engineer unclear them . 3 . C F'i'Y 1.c;recs with said C ONPRAC'i'OR t;o e iploy , and (ioo hCrc:'1)y employ , the -all tan provide t;he 111 it t-Irial. s and to (lo the work, accord }.ni; to the t ellms and conditions herein c:ont.,1 ilsed and to , for the prices r_if'or�_1::;i.i .l , and 1101,.'by Co► t-11"Icts to pay the L'mine at the time , to tilt: manner an-1 upoi1 the Bond " icons set, f ot' f;h i.n t;}lc :;pe c } ;11 })t is i one; �anfl U10 ;3:1 t1} }� �l�t..t��:; I'01' them- r, t Vi):; , 1;11c' 1 r Ile' lvr: , C'ti:OMOCIIOPS , t1(11111 11 k stratm-'s , :;lll:t'�':.,:3e�!'s �lil�} El S- :, .it,ll:; , (}() .1101,'.1)y ii ;I'E i� to the full pr_'I'f'('1t,ma11ce of the Covenants helle' 111 colital.cie;} for the contract bici amount; of fiftyscven�. __ thousand seven hundred dollars ($57 700 . 00 _ which alli punt 1:; :11it,,j�`r. t; to "Id il11 1,vient; dolrrlw,il•,_i depen.-lent neon irt-plac:c, Yuan } t,y whet'c' applicable . 11 . It, i ,- 't!:1'eed tilt' p:lrtt : :; 111:r � t;c� th;tt; ;;11o�uld there he ;my oonf'l. } rt; bet;reen the terms, ci-2 4 4 of this instrument and the bid or proposal of said CONTRACTOR , then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith . 5 . Bid Bond . CONTRACTOR further agrees that his pro- posal shall be accompanied by a bidder ' s security in an amount equal to 10 percent of his bid in accordance with California Government Code sections 37931 et seq . 6 . Bonds . The bond or bonds required to be furnished to CITY under tb1s contract covering CONTRACTOR 'S faithful per- formance , the cost of labor and materials expended , and CONTRACTOR 'S one-year warranty must be furnished to and accepted by CITY prior to commencement of any wont hereunder . All bonds must be in the amount s tatel in the special provisions incorporated herein, and in such form as is acceptable to the City Attorney . f� r 7 . Warrantty_. All. ;cork performed in accordance with i the.,;(--- plat-is, standard sp?cifications , and spec lal provisions In- cluding, , hr.rt not limited to , workmanship , installation , fabrica- tions , material and structural , mechanical , or electrical 1'acili- ties shall be warranted for a period of one year cornmencing with the filing of the notice of completion and acceptance of the con- tract by CITY unless specific areas are to be warranted longer as provided in :special provisions . ,Serur'ity for such warranty may be provided as part of the faithful performance bond or by a separate bond and shall be in the full amount of the performance bond . Release of the r per'f'orrnance bond shall not release the warranty portion of the bond or the separate iarranty bond . CONTRACTOR , within ten ( 10 ) clays rjf'ter notification of a defect, warranted he ileitnder , will. either male appropriate re- pairs , replace, the defective item or iterns or show, reasonable cause as to il( ca :,ors for his delay , anti refusal or failui,e to com- ply will catise CITY to f'.ile claim '1gai. nSt the bold . f; . (;'1J._1 I;ai r l-,mployment; l'rric't. tcc..' A ,,, L . a t1 Lt Y,e f'ai r' elllplo,ylilent prflc tic(::., ill 1lccord 111c1c' wi Lil k. page not c-? w 'l1�1Mi� x' 1 California Labor Code sections 1410 et seq . Ili WITNESS WHERI OF , the parties hereto have executed this contract the day , month and year first above written . CITY OF HUNTINGTOi,t BEACH , a municipal. corporation Dated--I"--tf 19 _ By_ C . Mayor ATTEST : APPROVED AS TO I+OR*I: STATE OF CALIFORNIA, Y COUNTY OF_ .o A n f'e 1 c-,s u ON .January Z 7 , 1982 before me, the undersigned, a Notary public in and for said State, personally appeared r.1 , 0 . S t c i rI y , known to me to be the jr OFFICIAL flCAI. P I'C'S 7 CI C 111 MARV MCC LING of the STC I ail' AND COMI)ANY , I NC I NOTARY N1113t IC — CALIFORIIIA the Corporation that executed the within Instrument, known to me to be the person who F-RlrJ:IPAL or•F CE tN p ws ANGELES COU11TY executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged htY Commissiun Expires march 11, 1983 tome that such Corporation eze�uted the same. !� WITNESS my hand and official seal. ACKNOnEDCNE►:T—Carporstlon--wolcattt ronn 22"a,.344 Notary Public in and for said 5tat . -�- Po:, itimiV��r 1 C -1t r y, 1� California Labor Code sections 1410 et seq . IH WITNESS WHEREW , the parties hereto have executed this contract the day , month and year first above written . CITY OF HUNTINGTON BEACH , Dated _��� a municipal corporation By X Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney r The articles covered by STEINY AND COMPANY, INC. this contrast must conform �fala Licerne No. 161273 to the ,Sr-ifety Orders of the COPJTRACTOR 'S Legal Firm Idame State or California , Division ( Corporation , Partnership , of Industrial Safety . I Co--partnership , Joint Venture , certify that I have read the Ind .ivi lua:l. or ) foregoing and will comply . DATED: By ----, J. U i`JY PRE t1Ei�'.C_...__.____-----) Position or Title I3,y C-11 , ADDENDUM "A" TO PUBLIC WORKS CONTRACT THIS ADDENDUM AGREEMENT to that certain agreement numbered CC 530 , and dated 21st of December . 1.98j— by and between the CITY OF HUNTINGTON BEACH , a municipal corporation of the .State of California , therein called "CITY" , and Steiny and Company, Inc,. , a corporation , therein called "contractor" , is hereby modified and amended , effective on the date shown below as follows : The parties hereto agree as follows : 1. INDEMNIFICATION , DEFENSE, HOLD HARMLESS : C014TRACTOR shall defend , indemnify and hold harmless CITY , its officers , agents , and employees , from anti af,ainst; any and all Itability , ,judgments , damages , costs , losses , c.lalm.; , in- cluding Workers ' Compensation clai►ns , and exp.-ynses resitlting from or connecters with CONTRACTOR ' S negligence or other t:ort- sous conduct in the performance of this agreement. 2. WORKEHS I COMPENSATION : r CONTRACTOR shall comply with «1]_ of the provi :iionl of the Workers ' Compensation Insurance arks Safety Acts of the State of California the applicable provision., of Division 1i :,nd r) oi' the State or, Federal acts of laws Zppl_ ic� ?isle . CONTRACTOR shall f'ut,nl.sh to CITY a certificat,,,� of t,Iorkers ' ® , (7.ompon.satton insin,ance. The insurer shall nc)t; cancel.. or, a r modify the policy without thirty ( 30) days ' prior written notice to the CITY. In the alternative , the CONTRACTOR may show proof of a certificate of consent to self-insure issued by the Director of Industrial Relations according to Califor- nia Labor Code Section 3800. 3. INSURANCE: CONTRACTOR shall obtain a policy of comprehensive bodily injury and property damage liability insurance , and maintain such policy in effect; for the period covered by this agreement , providing coverage for bodily injury and property damage in the minimum amount; of $300 ,000 combined single limit per occurrence . The policy shall name , as additional assured , CITY and its officers and employees , w1iile acting within the scope of their duties , against all claims , suits , or other actions of any nature brought for or on account; cif any Injuries , damage or loss , including any deaths avis' ng out of or connected with the work of COITRACTOR uridet• this oont, ract. CONTRACTOR shall furnish CITY a certi- ficate of insurance Vr,oin t;he tnstii­ r that the insurer shall not, c::. nnel o t:iir- pnl, i.cy without; thirty ( 30 ) days ' prior wrIAA,�n not; jce t'.0 C,0ri'IHA(7100R r,i:all. gl-ve CTTY prompt aril i, t.1n..- f ,y ref' 'tny o t;t tni niad(3 (-,►, ;ti t t ttist ttuted- ►1 . I f!i�l;!'I:h!l ii�t!`f' �'� �j!'I'k;rlc"I'tii; I ' I ;; 1'ur't. ill t fi►l-it, c':,t:t,i d ugl,eed tali=-tt: t;he CONTRACTOR f , l I 't . I. I 'lE ; �1:_ 1!1 1�Rj�Gn� � llt G rJI1- t t'actol, ht' i'1' ii1 In't 'Jnl • '.'It`di1�,�r��_� tlf i:.[`I'Y . C0Ij'1RAC�'DF n 1 1 Aga-- r • ? �' r � .� sae+ • shall secure at its expense , and be responsible for any and • 4 . paymentall State disability Insurance • tion and other payroll deductions for C014TRACTOR and its officers , agents and employees , and Ill business , • f I performedwith the services to be hereunder .All forms of , • L, • insurance + - ' approved 1y the City Attorney any work by the r r •� ( REST OF PAGE NOT USED) j t �14A `41 �1:b t r ,� .I •, .r, ..4 �q't•. , ,).,'. A4.. 'a ' h/1't 4 `. � yAr?■- �a,'�t�' t� ,txt: ai 1' 'R.}'s I,- �r' + •^� '4 w.,.«h...-�..i � w-+ � ,.i ,�" �` Ir t� - ." ,.,a.r .�..,ur+F.s•dr. r.�r. ,1.i , r IN WITNESS WHEREOF , the parties hereto have executed this agreement this Yell. day of 1981. CITY OF HUNTINGTON AACH3 a municipal corporation ATTEST: By Mayor City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorney City Administr for INITIATED AND APPROVED: 1 ST TC OF CALIFORNIA, COUM OF Los Angeles u' ON January 27 , 1982 19 before me, the undersigned, a Notary Public in and for said State, personally appeared . ....,�.�..R..•,� �•.�....ti.�..,�.� ..-. x oFrtcrn:. z.r.%�_ i t e n y _____; known to me to tie the President ;��-•�r1;f , � of the STEINY AND NI1 N t�b ThRY � " �ic cnil�[ ;;� h , �`•: .��� t~rtn. . '� MICE I. ; the Corporation that executed the within Instrument, known to me to be the person who tq, cour,n executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged +� Gomrr.; c�1 CZpire, March 11, 1'.s83 to me that such Corporation executed the same. i' y, WITICSS my hand and official seal. L �f ACIADWLEDCMtHT—UtWstton--Wolwtti rom 122—a 4y. W H rr 6blic in and!or said Sta(e. I! . , Yi i , IN WITNESS WHEREOF , the parties hereto have executed this agreement this Yel. day of , 1981. U CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST: Mayor City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorneys,.. City Adminis for :.rs INITIATED AND APPROVED: "CONTRACTOR" Director , Public Works a"1'L-:INY I OMPANY, INC. By J. 0. STEI11 PRE' !C1fr +4 Tit le f;y Tit le :51 `4 4 q �` r. if ARY • 425. i 11425 Davis-Bacon Act Regulations The followiltl; c•Intlscs lutist he included in .111 Colitlacts whit-lt ,tit• titih,µ•cl t t,, Davis-Bacon Art prtwisiottx: (29 C:.I'.It. §5.5). III Minimum wagrx. (i) All mechnnics and Winters cm' (21 Withholding The (v.rile in narne of Federal iy,.­ricyl played or wnrking upon the site of the work. or under the may withhold rr cause In be withheld from the cantrartfl►r ,n United States Ifnusing Act of 19.:7 or under the Housing Act much of the accreted payments or advanrer•, as may by cign- of 1949 in the construction or develnpment of the project, will sidrred necessary to pay laborers anti in'.'chanics. including, he paid unconditionally and not less often than once a week, apprentices and trainees. employed by the cnntractnr or any and without subsequent deduction or rebate on any account subcnntractor on the work the full amount of wtig;es requirrJ (except such payroll deductions as are permitted by regule• by the contract. in the event of failure to pay any laborer or lions issued by the Secretary of Cribnr under the Copeland Act mechanic, including any apprentice or trainer, employed or f29 CFII Part M. the full amounts due at time of payment working on the Site of the work or under the United States computed at wage rates not less than those contained in the ilousing Act of 19.17 or under the Ilnusingt Act of 19.19 in the wage determination decision of the Secretary of Labor which cnnstruclion or development of the project. all or part of the is attached hereto and made r. part hereof, regardless of any wages required by the contract. the lAgencyl may, after contractual relationship which may lie alleged to exist be. written notice to the contractnr, sponsor, applicant. nr owner. tween the contractor and such laborers and mechanics: and take such action as may be necessary Lo cause the su-,p►:nsinn the wake determination decision shall be posted by the con• of tiny further payment, advance, or )niarantte of lunds until tractor at the site of the work in n prominent place where it such vinlatinos have reared. can be easily seen by the workers. For the purpose of this (3) Payrolls and baxir rcrordc, fit Payroll-, and basic re.- clause. cnnlributinns made or costs reasonably anticipated orris relating; thereto will he rnaintainrd during; the rriurse of , under section llb)12) of the Davis-lincon Act on behalf of the work and preserved for a perind of three years thereafter Winters or mechanics are considered wages paid to such la- for all Iribnrers and mrrchanic.s working at the siLe of the work. linters or ntec'hnnics. subject, to the provisions of 29 CF I1 or unt,''er the United States Ifnusing; Act of 19.17. or under the 5.51a)(I MO. Also for the purpose of this rlauee, regular con. Ifnusing; Act of 1949, in Ow cnnstrucUrm or development of tributions made or costs incurred for rvi .r than a weekly the project.Such records will contain the narve and address of perind under plaits, funds, or programs. i ut cnverinl; the each such rmployee, his correct classification, ration of ,►ay ginrticulnr weekly perind, are deemed to he constructively linchiding, rnles of contributions or costs anticipated of the made or incurred during; such weekly period. types described in section I114121 of the I)n\'ir.•il;aCon Acl1, Oil The contracting officer shall require th:.: nny class of daily and weekly number of hours worked, clt,ductinns made laborers or mechanics. including apprentices and trainees, and actual wages paid. Whenever the Secretary' of Labor has which is not listal in the wage determination and which is h found under219 CFI{5.51a11 i Iliv)that the-Aag vs of ant'laborer Ile employed under the cnntrnct, ,haC he classified or rtrinssi• tit tnet•hanir include the amount of any co%t, rea,ionahfy un- tied conformably to the wage determination and a report of licipaled in providing; ben0it.s under a plan or program the action taken shall be sent by the Fedcral agency to the dtlscribed in SecLion l(b)12)1111 of the Divis•ltacon Art. the Secretary of Labor. in the event the interested parties cannnt contractor shall maintain records which show that the , agree on the proper classification or reclassificaLinn of a par• commitment to provide such benefits is en(orceable, thtit the ticular class of Inborers and mechanics, including; apprentices plan o-prograin is financially responsible, and that the plan or and trainees, to be used, the question accompanied by the program tins h-en communicated in writing; to the lah.orer, at recommendation of the cortracting officer shall be rLferrtd to mechanics affecwl, and records which show the costs the Socretary for final determination. anticipated or the,actual cost incurred in providing; such bene- (iii) The contracting; officer shall require, wfwnec.v tile. (its. minimum wage rate prescribed in the contract for a class of (ii) The contractor will submit weekly a copy of all pay- laborers or mechanics includes a fringe benefit w''ich is not ex- rolls to t ere C i t Y of Huntington B e a c h if pressed as an hourly wage rate and the contract#), .s obliguted the ag t-ricy is a party to the cnnt ract, but if the ag;ei,cy is not to pay a cash equivalent of such a fringe benefit, an hourly such a party the contractor will submit the payrolls to the cash equivalent thereof to lip. established. In the event the applicant, sponsor, or owner. a-. the case may be. for trans• interested parties cannot agree upon a cash equivalent of the mission to the C i t Y o f H . B . . The ropy shall fir or. fringe Benefit, the question, accompanied by the recom• roinpanied by a statement signeu by the employer or his agent mendation of the contracting offirrr, shall be refened to the indicating;that the payrolls are correct and rorripleir, thnt the Secretary of Labor for determination. wrtl:e rnica cnntaint,d therrin art, tint Ir%% than thnsr (iv) if the contractor does not make payments to n lrustiv c!i-terniinp(l by life Srrretary of Labor and tiros r he clae.ifira or rather third person, he may consider its part of the wages of linos !let forth for each laborer n- rnrchanic rnnfnrm with the any laborer or mechanic the amount of any costs reasnnnl►ly work he performed A suhmissu►ri of a "Weekly Statement of anticipated in providing benefits under a plan or program of n Compliance" which is required under this contract and the type expressly listed in the wage determination decision of the Cnlwland regulations of t he Secrr:ary of I.al►nr 129 CFII, fart ,. Secretary of Labor which is n part of this contract: Provirlyd, .11 and the filing; with the initial payroll fir ;any sulisetlurnt ho►-re-cr. The Serrrtnry of Labor has found, upon the written g,nyroll of a ropy of any findings by the Secretary of Labor request of the contractor. that the applicable standard,;of the ur,clrr 29 CFI( .5 Mril(l Ifivl shall snti%fv lhic requirement. The Davis•ilacon Act have bren met. The Secretary of Lahnr may pri►nr contractor shall lit, recpr+rlsihle for the submission of require the contractor to set aside in a -;rytarntt, account nsseLs rnl►ies of lfaynllls of all suhrnnlra�tilr-. Thr, contructor will for the meeting of obligations under the plan or program. make the records required under the labor standards clauses a)Rovenue Sharing Advisory Service July 197, Nevenue Sharing Nand000k — Second Edition I.�c WIN F pry. }A 1 A •'. i A' .+ 'l .I I 1