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Home My WebLink AboutVERTERANS OF FOREIGN WARS - 1996-05-20 WORLD WAR I Joseph Rodman Forrest Turner WORLD WAR II Clayton E. Van Steenbergh Jack Montgomery Edward Scott Ledecke (Lee-deck) A. D. Ellis Ryverz L. ►gllen (Rye-vers) Donald Winters Clifford Overacker James S. Mayall WORLD WAR II Peter Eckberg Gordon William Stafford Charles Frederick McIntosh Hugh William Kellerman Billy Bates James E. Zoeter Robert D. Copeland Charles Bowman George W. Shafer Scott Braley, Jr. WORLD WAR II Loren B. Wiedman Edwin Galen Hasson, Jr. Howard Bedford (still unaccounted for) David G. Rohrig Martin P. De La Cruz (still unaccounted for) Kenneth McIntosh Edwin G. Burton William Phillip Henry, Jr. Leroy Derigo Kazuo Masuda (Ka-zoo-o Ma-soo-da) WORLD WAR II Jack Deevers Frederick Joseph McCall Cecil E. Boles George Tyler (still unaccounted for) KOREAN WAR Arnold F. Lobo Joseph Mendoza Will T. Cross James L. Avery Frederick Cornell Alfredo L. Martinez (Mar-teen-es) KOREAN WAR William A. Pharris Loren Rylance Thomas P. Vega (vay-ga) (still unaccounted for) Adolfo Monteberde (Mon-fay-bea►-de) John E. Hughes Claude Camille Castaing (cas-tang) Ramon Alba (Ra-moan) Gilbert R. Higuera (Hee-geer-ah) David T. Mejia (May-hee-ah) David D. Pecor (Pe-kor) KOREAN WAR Robert L. Zuver (still unaccounted for) Andrew SantlbaneZ (Santi-bah-nez) Miner W. Pridemore Raymond Mendoza William Gardener Jones Julian S. Arbonies Billy Walters, Jr. (still unaccounted for) William F. Moment John William Diemer John R. Atencio (Ah-ten-cee-o) KOREAN WAR Richard Sanchez Cruz Antonio B. Villella (wi-ay ia) Alfred D. Oglesby (still unaccounted for) Donald C. Coss Benjamin Rubio Thurman J. Chastain John G. Ruiz (Roo-ease) (still unaccounted for) Salvador Mojica (mo ii-ka) Tornio Honda VIETNAM WAR Terry Lee Quinn VIETNAM WAR Warren Dale Holeman Leland Patrick Finley Mike Armendarez Robert Wilkes West George Tallman Joel Mitchell La Rouche Micheal D. Wallace Zbigniew Josef Dalenta (Zbig-new) Ray Eugene Bradley (still unaccounted for) William Vasquez (vas-kez) VIETNAM WAR Samuel Kent Culbertson William Richard Grant Joseph Francis Catt, Jr. Roger Vernon Inscore Terry Lee Tebbetts Lawrence Bradfo Forrester Sam Gary Cordova Paul R. Ross Manuel R. Denton (still unaccounted for) Jimmy Lee McLellan Dale Frank Fleischmann, Jr. �; 9r Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: 7-0 April 21, 1997 Department ID Number: AD 97-12 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 7u a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator -!- C N :s �y'Mm PREPARED BY- Brian R. Smith, Management Assistant SUBJECT: Veterans' War Memorial Agreement Amendment Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of IsBue: Should the agreement between the City of Huntington Beach and the various veterans groups constructing the war memorial on the Civic Center site be amended to allow the hired general contractor's insurance coverage name the City of Huntington Beach and the veterans groups as additionally insured parties? Fundina Source: No funds required. Reco : Motion to: "Approve amendments to the agreement between the City of Huntington Beach and the Veterans of Foreign Wars (Chapters 11548 & 17368), the American Legion Post #133, and the Vietnam War Veterans of Orange County and allow the general contractor's insurance coverage to name the City of Huntington Beach and the veterans groups as additionally insured parties." Alternative Action(a): 1) Leave the contract in force. 2) Direct staff to modify the contract and/or take action on the issue as specified by the City Council. r REQRST FOR COUNCIL ACTION MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: AD 97-12 Analysis: On May 20, 1996 the City Council approved a proposed plan and agreement to build a war memorial on the Civic Center site by a veterans group which includes the Veterans of Foreign Wars (Chapters 11548 and 17368), the American Legion Post #133 and the Vietnam Veterans of Orange County. The agreement named the veterans group as "Contractor" who would provide and install the memorial. The structure of the agreement assumed that the "Contractor' would obtain and carry all necessary insurance required to perform the prescribed work. However, since the City Council's approval of the agreement, three circumstances have changed. First, the ability of the veterans group to act as their own contractor and do the work themselves no longer exists. They must hire a general contractor to perform the hard construction. Next, the electrical work required is more extensive than originally estimated which commands a higher cost. Finally, several miscellaneous costs such as printing and the dedication ceremony have arisen which were not included in the veterans original donation collection amount. Total donations collected are $26,000 and the insurance estimates range from $1200 to $1800 (for a limited coverage window of 30 to 60 days). Therefore, between the original cost of the stone ($9,000), hard construction including the additional cost of the electrical work ($12,000) and miscellaneous costs ($4,000), the donation balance is not satisfactory to cover the insurance costs. Any donation balance remaining after the dedication ceremony is intended to be used for future maintenance of the memorial such as new flags, cleaning fluids and light bulbs. The proposed agreement amendment will allow their general contractor's insurance to be additionally insured to cover both the City of Huntington Beach and the veterans group. The general contractor is Braughton Construction and has pulled permits and satisfactorily completed work in the City in the past. AttachmentW: City Clerk's Page Number 1 Amendment for approval to the existing agreement 2 Agreement between the City and veterans group 3 Letter from veterans group dated 3/19/97 4 (General Contractor name) insurance coverage 0024977.01 -2- 04117/97 9:35 AM 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 ITE]11 DATE; TO: ATTENTION: crt:e DEPARTMENT: REGARDING: aty,stage,z: See Attached Action Agenda Item Date of Approval 4��Z Z�Z Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. L Connie Brock-%vav City-Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Dced Other Remarks: CC: Nac:e Dep artmcnt RCA agreement Insurance Other Name Deparunent RCA :agreement 'nsurance &_he, Name Department R A Asrccment Insurance Other Risk Management Department Insurance Copy c'Fc:!01%tjp agnnt.trasar I7elephone: 714.536-5227) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE VETERANS OF FOREIGN WARS, THE AMERICAN LEGION, AND THE VIETNAM WAR VETERANS OF ORANGE COUNTY FOR THE INSTALLATION OF A WAR MEMORIAL THIS AMENDMENT is made and entered into the 21 s t I day of Ap r i 1 1997, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and the VETERANS OF FOREIGN WARS (CHAPTERS 11548 & 17368), the AMERICAN LEGION POST#133, and the VIETNAM WAR VETERANS OF ORANGE COUNTY, California non-profit corporations, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY and CONTRACTOR are parties to an Agreement, effective April 21 , 1212,17 0, entitled "THE VETERANS OF FOREIGN WARS (CHAPTERS 11548 & 17368), THE~AMERICAN LEGION POST#133, AND THE VIETNAM WAR VETERANS OF ORANGE COUNTY FOR THE INSTALLATION OF A WAR MEMORIAL" and CITY and CONTRACTOR wish to amend certain sections of that Agreement to more precisely define the intent of the parties, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. PARAGRAPHS 15, 16 and 17 shall read as follows: 15. 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, or its designated representative, 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 1 implktvetsamnd14118197 ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR, or its designated representative, 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, or its designated representative, shall similarly require all subcontractors to waive subrogation. 16. INSURANCE Prior to issuance of the Notice to Proceed pursuant to Section 7, CONTRACTOR, or its designated representative, shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, prod uctslcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. In the event that CONTRACTOR's designated agent provides the insurance required by this contract, the insurance policies shall further name the CONTRACTOR and its agents officers and employees as additional insureds. CONTRACTOR, or its designated representative, shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). 1n the event 2 jmplklvetsamnd14121197 In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR, or its designated representative, shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 17. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to the Issuance of the Notice to Proceed pursuant Section 7, CONTRACTOR, or its designated representative, shall furnish to the Management Assistant in the Administration Department certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR, or its designated representative, shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this 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, or its designated representative, shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the required additional insured endorsements to each of the insurance policies shall be provided to the City Attorney for approval prior to issuance of the Notice Proceed. 3 Jmplklvetsamnd14118197 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the original Agreement shall remain in full force and effect. 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. VETERANS OF FOREIGN WARS, CITY OF HUNTINGTON BEACH, a CHAPTER 11548 municipal corporation Mayor Print name and title ATTEST: VETERANS OF FOREIGN WARS, CHAPTER 7368 G4wo� City Clerk By:^4L-t—- APPROVED AS TO FORM: 0I4ev--S LZ NU L Print name and title City Attorney AMERICAN LEGION POST NO. 133 JA y7Al REVIEWED AND APPROVED: By: Print name and title City Ad inistrator VIETNAM VETERANS OF ORANGE COUNTY By: , Print name and title 4 Imp/kNetsamnd/4/18197 A6-APP7,16-1997 11:05 WI M�'_ A&e 69 -7-71 P.02 F MTE Mwvownn 04/18/1997 FRMUCSR (818)961-3641 FAX THIS CE-Knr-KCATE IS ISSUED AS A MATTER OF INFORMATION Lw QN1.T AND CVWEKS NO MQtfTG VFQ"THE rwMYTFP;ATF-; astern Insurance Marketing tTjqM HOLDER.THM CERWMATE PM NOT AMEM EXTENI)OR M.cl 218 N. Glendora Ave. THIS TKE GWERAGE AFFORDED BY THE POUCES BELOW. Suite A COMPAMES AFFCRDRiG COVERAGE City of Industry, CA 91744 ......... .................. Attn; Fact: A ..................;....................................................................................................................... ............................. ......................... MsuRw er-aughton Construction COMPANY Company i........................................... ................................. 0 .. .....1. 525 W. Allen Ave Unit 12 COMPAW 64�i C San Dimas, CA 91773 ........ ................ COMPAW ;4.......... ...... Tm ts To cEwnFY THAT THE POUCES W M:RAMM USTW MOW WE BEEN WJW t*MC- WMATUD.WMTWANDM ANY REOUREMEW.TM OR CONDMON OF ANY CMM=OR CrrHER DOCLAeNT Wn"FMWP=t TO VVKCH TW CERTMATE MAY BE=%=OR WAY REWAM.THE W0URMCE AFFORDED BY THE POUCCES&CSCMWD 1+�_- IS SUBJECT TO AL THE TMZ. EXCLUS1 NO CONWONS Of SUCH POUMS.UM"WO"M&Y HAVE BEEN REDUCED FY PAZ CLAW. ............................................................................................................................... .......................... ............. .................................... CO FOWY U76MM'P=XT WMATM: .M: ryps OF PUR"WACE POLWY 1AMM L Mtn W00" VAra MWVOITT) ..... . TE ..... .... ............. .......... X . COMUERCAL OENERALuAukrry ............. ............................ X OCCUR ---------- ............ SIMC11528 09/19/1996 C A CLAW Noto'm ; _'oyvr+EaSa COWIACTWS TROT EACXCX=RRE4M ... ................. ........ ...... oA ........................................... ....................................... ................. 51000 ALITOMOGIU t3jAze.M ANYAUTO LWAT 41 ----------------------- 'ALL OWEDAVMS COOLY W&A7" ............................ WRED AUTOS SOMY HU.M N0N47o4NWAL11O8 ----------------------------------------- --------------------------------- ................. GARAGE UA&IM =AUM ONLY•rA AO=ENT S ....................... ANY AUTO OTHER 1w^K AUTO ................. EACH It^ ......................................................... ................ ........................... AWRWATE 5 EXOM LLPAWY CKIW7RENCE S .................................... ...... A3131rWATE UMBRELLA FORM MER THAN UMBRMLA FORM WOR69M CO&WqNU71"MD WX1.7770MENW. THE PR0PK2r_TQW a waL 7 n perAw-Poucy Lwr --------------.................... --------------- OFFK*R$ARE,` =EM; QTMM -�e'rtW'i'c'aot"e'proYodRewrLo�iAs"madvd"'e"=s Md 7onal Insured per the attaicft F 1 , ;rimary and non-contributory endorsenimont to follow by cndor&eneqj;j-.' y By-, 909wjw"If 07 T=AMWE BE CA.14MUM 80FORE rM City of Huntington Beach Its Agents, exp"naN r"Mmp, COWARY VML W90SOM MAIL Officers and Employees and Huntingtion Beach 30 DAYxvw. WnCtT0TKCWTMATfhM=- MM=T0TWUEr. Memorial Committee, Its agents. offic#!rr. and - employees P.O. Box 130 Huntington Beath, CA 92648 PFR'19-1997 11'06 6J I me 918 M9 3731 P.03 600.10 POLICY 1 TMBM-04CI I32S OOWO&RCAAL 4EN'ER4.L LLAB nY THIS tiN-DORBEMIENT CHANGES THE POLICY,PLEASE READ 1T CAREMLY. ADDi'lliONAL m"UMM-OVIKER&IJ=ES OR CONTRACTORS(FORM 8 This eadananeas modiSto inu aao prvvdad under Ow fcrliowisw 3�a 97 OOMMERCIAL GENERAL LIABILITY COMAGE PART SCMWULB Name of Pcrmm or ftwgmdm City of Huaingtm lUatk Th Agents,DMcen sad Xmplayeea and HuadogUm Bur:b Vetersas Mtmorb] Committee,Its ASenb,DtEfcm tmd employees (Nno=tr7 appan Agv%i dbrmp m roquired to complata this endwamemR wM be>r.-M is an Doderdkw ee gTGasbh to*6 mdarmmaa) WHO IR AN to ir�ws m mrund the pwpm ar ae t+oa abos+u�t}��ch�dat.,bale*ai4► respect to liability mrigmg out of your acm perfmmmd for tld item C'G M 14 I0 4S tbpyri�[Aaewnoe Sers3ces pffict~lac.14&4 L� L J TCTFL P.03 ' 0PR 1 B '97 04: 16PM • P.212 / 600 . /0 ATE P O. BOX 420807,5AN FRANCISCO, CA 94142-0807 161a► I NSU NSUPtA1VCECE FUND CERTIFICATE OF WORKER& COMPENSATION INSURANCE I97 nn - 97 POLICY NUMBER-) -I a. - CERTIFICATE EXPIRES: 4-• r;G F_ ;;f �i: R ;i cti':T"`,� : �. _.i$ a k . :)� r- L e�- %G .i T. .C- L This is to certify that we have issued a valid Workers' Compensation insurance poky in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon tan days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be :slued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. V" PRE81DEN; ZZ 7� :j4 ._�:? � -rIA'. 7E.' .. .. ...1;7z.]' .N,r, Ti.�tvC :!E,F'natF -... V �L� - •j'. � i?i;flr �l °k' .'�i �j4.;.��b2�':�t"�'C 1 EMPLOYER r F,.T�i . �� t ^" _ - L sr;IF 102621FrEW 2a4± i He L4` CITY -OAF I� UNTING ON -BEACH INTER-DEPARTMENT COMMUNICATION HIWiNGTON BEACH Date:, April21, 1997 To: Connie Brockway; City Clerk From: rian R. Smith, Management Assistant Subject: City Council Agenda Item E-16, April 21, 1997 meeting Please find enclosed, the following attachments for Item E-16 agendized for the April 21, 1997 City Council meeting_ • Attachment 1, page E-16.4, Amendment to the Agreement between the City and the Veterans Groups, • Attachment 3, page E-16.22, Letter from the Veterans Groups dated 3/19/97, and • Attachment 4, page E-16.24, Braughton Construction Insurance Coverage naming the City of Huntington Beach and the Veterans groups as additionally insured parties. �t �.M • :-:ter^. %.£FUFtGt:pptk •tv,Vy OES OF kU 1Yias John Maxwell Bob Kakuk V.F.W.Post 7368 V.V.O.C, American Legion Post 133 (VMTN,uvrruAt4arokAmcacoumn) i • Gary shifman • • V.F.W.Post U548 f • * * t HUNTINGTON BEACH VETERANS ME:1iORIAL IFUND 21661 Bmokhurst,#377 • Huntington Beach,CA 92646 -(714) 968-959 March 19 , 1997 City of Huntington Beach c/o Brian R. Smith, Management Assistant 2000 Main Street Huntington Beach, CA 92648 Re : Insurance : Huntington Beach Veterans Memorial Dear Brian: Pursuant to your conversation with Bob Kakuk regarding the insurance requirements in the contract concerning the above- referenced matter, this letter is to formally request that the City of Huntington Beach consider eliminating certain insurance requirements of that contract for the following reasons : 1 . The committee will not be handling any of the construction directly. A general contractor will be handling all of the construction. 2 . The general contractor and all sub-contractors will be required to be insured pursuant to the contract as referenced above, including automobile and Workers ' Compensation insurance . In short, our insurance requirements will be duplicated via ., the contract with the general contractor and his sub--contractors . If we can eliminate our auto liability and Workers ' Compensation insurance requirements , we can save between $1 , 000 . 00 and $1 , 500 . 00; which sum can be retained for upkeep of the monument . We will still furnish $1 ,000 ,000 . 00 liability [premise operations , personal injury, contractual , products & completed operations , advertising , fire legal liability ( $25 ,000 . 00 ) and guest medical per person ( $500 . 00 ) ] and the bond pursuant to the contract . Thank you for your consideration of this matter . Very truly yours , Gary Shiffman COPYcc : Bob Kakuk C_t`, *P-0,60 �� U H-Item_- 11/18/96 City Council Agenda - Dave Sullivan ' 1. Approximately $10,000 has been raised for a new war memorial.: Fund Raising efforts have, however, stalled. Currently Huntington Beach does not have a commemorative for the Veterans of the Korean War. Such a commemoration4s long overdue. A paltry sum of $15,000 is a small price for a city to pay to honor its sons and daughters who have given their lives for this Country. lit RECOMMENDED ACTION: It is therefore recommended that the City Council approve an appropriation of $15,000 to complete construction of a new veterans memorial in Huntington Beach. ntington Beach is the 92nd largest city in America. Many other larger cities tablished police commissions. Huntington Beach may or may not be ready fora ission. A City Council subcommittee should be appointed to study the issu report back to the full City Council. RECOMMENDED ACTION: Establish a City Council Committee to study whether or citizens' police commission is advisable. The Council Committee is to re t back to the fu114;ity Council within 60 days. • m Page 14 - Council/Agency /agenda - 11/18/96 • (14) 4 H-5. Submitted By Cp-uor[I/Ag-e=y_Mayor Dave Sullivan A. (city Council) ARprop-riation Of Funds Eor.T a Completion Of The YVar Memorial For Veterans Who Have Clven Their Uyes For Our Country �4363r, Approximately $10,000 has been raised for a new war memorial. Fund Raising efforts have, however, stalled. Currently Huntington Beach does not have a commemorative for the Veterans of the Korean War forward. Such a commemoration is long overdue. A sum of $15.000 is a small price for a city to pay to honor its sons and daughters who have given their lives for this country. R e c o m m ended AO'o : It is therefore recommended that the City Council approve an appropriation of $15,000 to complete construction of a new veterans memorial in Huntington Beach. [Action not needed as Mr. Ackerman has donated funds] B. (City Council). Of Coungil Committee.-ToStud d isabilit o Establishina A PoliceCommission (120.25) Huntington Beach is the 92nd largest city in America. Many other larger cities have established police commissions. Huntington Beach may or may not be ready for a commission. A City Council Committee should be appointed to study the issue and report back to the full City Council. eco n ed c Establish a City Council Committee to study whether or not a citizens' police commission is advisable. The Council Committee is to report back to the full City Council within 60 days. [Approved 5-1-1 (Green -- NO, Garofalo absent) Harman, Sullivan, Dettloff appointed to committee] H-6. Submitted By Council/Agency Member Shirley Dettloff H-7. Submitted By Qg-wncil/Agency Member Peter Green, Council/Agency Adjou nment [At 11:45 p.m.] To Monday, November 25, 1996, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. Council/Agency Agendas and Minutes are available at no charge to the public at the City Clerk's Office and by mail through paid subscription. Complete Agenda Packets are available at the Central Library and Library Annexes on Friday prior to meetings. Video tapes of Council meetings are available for checkout at the Central Library at no charge. CONNIE BROCKWAY, CITY CLERK City of Huntington Beach 2000 Main Street - Second Floor Huntington Beach, California 92648 (714) 536-5227 (14) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK June 7, 1996 Gary Shiffman, Veterans of Foreign Wars Post 11548 16872 Bolsa Chica Street, Suite 100 Huntington Beach, CA 92649 The City Council of the City of Huntington Beach at their meeting held May 20, 1996, approved execution of the enclosed agreement between the City and The Veterans of Foreign Wars (Chapters US48 and 17368), the American Legion Post 133 and the Vietname War Veterans of Orange County for the installation of a War Memorial. Enclosed is a duly executed copy of the agreement for your records. Sincerely, Connie Brockway City Clerk Enclosure: Agreement cc: John Maxwell, American Legion Post 133 & Veterans of Foreign Wars Post 7368 Bob Kakuk, Vietnam War Veterans of Orange County Brian Smith, Management Assistant gzc`veleran 1 Telephone:714-536.52271 i Council/Agency Meeting Held: Slack�q Deferred/Continued to: approved ❑ conditionally Approved ❑ Denied City Clerk's So-nature Council Meeting Date: May 20, 1996 = Department ID Number: AD 96-15 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ or /�_ PREPARED BY: Arian R. Smith, Management Assistant SUBJECT: Veterans' Memorial Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Should a new veterans' memorial be placed on the City's Civic Center site? Funding Source: No City funds required. Recommended Action: Motion to: a) "Approve the proposed plan for a new veterans' memorial on the City's Civic Center site," and b) "Approve the agreement between the City and the Veterans of Foreign Wars (Chapters 11548 & 17368), the American Legion Post #133, and the Viet Nam War Veterans of Orange County to install a new veterans' memorial and authorize the Mayor and City Clerk to execute the agreement." Alternative Action(s): 1. Approve the Veterans' Memorial plan and agreement with modifications. Direct the Mayor and City Clerk to execute the agreement as amended. 2. Approve the plan "in concept", specifically modify the plan and direct staff to return the plan and agreement as amended to the City Council for approval. 3. Do not approve a new veterans' memorial on the City's Civic Center site. N QUEST FOR COUNCIL ACTH MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: AD 96-15 Analysis: During the Public Comments portion of the May 15, 1995 City Council meeting, Huntington Beach citizen Bob Kakuk stated his concerns regarding the existing war memorial at the City's Civic Center site. His primary concern was that the existing memorial does not acknowledge those veterans who were lost or are missing from the Viet Nam conflict. Mr. Kakuk requested the City Council's permission to pursue possible modifications to the memorial. At that time, the mayor requested Mr. Kakuk to formalize his ideas and requested staff to contact and work with Mr. Kakuk. After initial discussions with Mr. Kakuk it was staffs recommendation, and Mr. Kakuk's concurrence, that this project be all inclusive in nature. Specifically, the project focus should be: a) that any modifications would consider all past and future wars and conflicts, i.e., plan to include the placement of names of veterans lost from all conflicts and wars since World War I and to leave sufficient space for names from future conflicts, and b) that the community should be represented to the largest extent possible. Staff invited all known veterans' groups of Huntington Beach to a preliminary meeting on June 1, 1995. The purpose of the meeting was: • to identify the inadequacies of the existing memorial, • establish a consensus between the groups for a project, • begin to develop modification alternatives, and • create a Veterans' Memorial Committee and define the roles and task assignments of the members of the committee (veterans' groups) and staff. - At this meeting, the veterans' groups, some of which had donated the existing memorial, agreed to modify the old, or create a new, memorial that would include lost veterans from all past and future wars and conflicts and began developing alternatives. The groups also agreed to raise the funds to pay for any modifications approved by the City Council. Finally, staff was to participate in the initial research of a complete list of known casualties, to facilitate the group meetings and assist the project through the process to present to City Council for approval. In the following months the research for the list of names was completed, a design and cost estimate for the memorial formulated and contractors secured to perform the work of the project. The recommended veterans' memorial committee project includes: • the retirement of the current monument, • creating a new memorial, 0018384.01 -2- 05/08/96 1:29 PM NQUEST FOR COUNCIL ACTON MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: AD 96-15 • relocate the memorial location from the existing location of the western pillar of the Administration Building to the lawn south of the east main entry to the Administration Building, • the location will include the new monument (similar in design and slightly larger than the existing monument), flag pole, two benches, three uplights and various shrubs with a tree (conceptual site plan is an attachment to the agreement). The committee finds the existing monument and location inadequate for several reasons. First, it does not have sufficient space to satisfy the list of names developed. The monument has been vandalized over time and allowed to deteriorate. Some names were added by placard atop the monument, therefore not uniform with other current or future names. Finally, from an aesthetic perspective, the monument has a tendency to hide or blend into the abutted building rather than stand alone as a primary focal point. The work will be completed by a variety of sources. The veterans' groups will hire a memorial fabrication vendor to create and install the monument. The veterans' will also hire a general contractor to prepare and build most of the site and its amenities and remove and finish the existing monument and site. City forces will modify the existing sprinkler system and provide the shrubs and tree. One of the veterans' groups will donate the flagpole. The City will provide two eight foot benches for installation that are currently in storage. The veterans'groups will satisfy all costs through fund raising in the name of this project. The total cost of the project is estimated at twenty thousand dollars. This figure includes the City's participation to be reimbursed by the veterans' groups. The agreement's insurance requirement reflects the uniqueness of this project. The veterans' groups, as individual non-profit entities, have joined as one for the purposes of this single project. Once this project is complete, they will disband. Further, work on city property will not commence until the stone has been acquired and transformed into the monument (several months after City Council's project approval). For these reasons, the veterans feel, and staff concurs, that the normal insurance requirement constraints may be excessive. Three other alternatives exist. The veterans would like the City Council to waive all insurance requirements. Staff does not concur and believes some form of protection from liability and other concerns should be provided. The general contractor's insurance could be modified to cover the " contractor" (veterans' groups). Staff does not recommend this option because the service of the general contractor may not extend through the life of the project and work performed, while, such an allowance would establish a precedence for like modifications in future agreements and contracts. The final option considered is that proof of insurance may not be required until work on city property is to commence. This alternative satisfies the concerns of both parties and has been written into the agreement 0018364.01 -3- 05/08/96 1:"PM REQUEST FOR COUNCIL ACT& MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: AD 96-15 language. The Settlement Committee considered these options on May 2, 1996 and also recommended this option. The Design Review Board considered and approved this project unconditionally at its May 9, 1996 meeting. The Veterans' Committee has set a goal to have the new memorial dedicated on Veterans' Day, November 11, 1996. However, the memorial fabricator requires five months to order, receive delivery of and prepare the stone. He also requires a down payment prior to the start of his work. Therefore, the veterans' groups must begin their fund raising efforts immediately. The Veterans' Committee requests that the project at least be approved "in concept"tonight so it can begin those fund raising efforts. Attachment(s): 1. Agreement between the City of Huntington Beach and veterans' . . . groups. 2. Settlement Committee recommendation memo dated May 8, 1996. 0018364.01 -4- 05108196 1:44 PM HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: BRIAN SMITH, MA!�MENT ASSISTANT FROM: JENNIFER MCGRAI �UTY CITY ATTORNEY DATE: MAY 8, 1996 SUBJECT: AGREEMENT REGARDING THE VETERANS WAR MEMORIAL At the Settlement Committee Meeting of May 2, 1996, four options were presented to the Settlement Committee for review regarding the insurance requirements of the Agreement with the local Veterans' Organizations. The options presented were: 1. No waiver or modification of the insurance requirements. 2. Complete waiver of the insurance requirements. 3. Acceptance of the General Contractor's Insurance in lieu of the Veterans obtaining a separate policy. 4. Temporary waiver of insurance. Proof of insurance must be provided before the Notice to Proceed with the work will be issued. The Settlement Committee recommended the final option, the temporary waiver. CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE VETERANS OF FOREIGN WARS (CHAPTERS 11548 & 17368). THE AMERICAN LEGION POST#133, AND THE VIETNAM WAR VETERANS OF ORANGE COUNTY FOR THE INSTALLATION OF A WAR MEMORIAL TABLE OF CONTENTS Pave No, I. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMMENCEMENT OF PROJECT 3 4. TERMINATION OF AGREEMENT 3 5. TIME OF THE ESSENCE 3 6. CHANGES 4 7. NOTICE TO PROCEED 4 8. BONDS 4 9. WARRANTIES 4 10. INDEPENDENT CONTRACTOR 5 11. DELAYS 5 12. DIFFERING SITE CONDITIONS 6 13. WAIVER OF CLAIMS 6 14. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 6 15. WORKERS COMPENSATION INSURANCE 7 16. INSURANCE 7 17. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 8 18. DEFAULT& TERMINATION 9 19. DISPOSITION OF PLANS, ESTIMATES AND OTHER 9 20. NON-ASSIGNABILITY 9 21. CITY EMPLOYEES AND OFFICIALS 9 22. NOTICES 10 23. CAPTIONS 10 24. IMMIGRATION 10 25. LEGAL SERVICES SUBCONTRACTING PROHIBITED 10 26. ATTORNEY FEES 11 27. ENTIRETY 11 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE VETERANS OF FOREIGN WARS (CHAPTERS 11548 & 17368). THE AMERICAN LEGION POST#133, AND THE VIETNAM WAR VETERANS OF ORANGE COUNTY FOR THE INSTALLATION OF A WAR MEMORIAL THIS AGREEMENT, made and entered into this a?b" day of 1996, by and between the City of Huntington Beach, a public body, hereinafter referred to as "CITY", and THE VETERANS OF FOREIGN WARS (CHAPTERS 11548 & 17368). THE AMERICAN LEGION POST#133, and THE VIETNAM WAR VETERANS OF ORANGE COUNTY, unincorporated associations, hereinafter collectively referred to as "CONTRACTOR." WHEREAS, CONTRACTOR desires to provide and install a Veterans War Memorial for the Huntington Beach Civic Center, hereinafter referred to as "PROJECT;" and CITY desires to permit the installation of such War Memorial, 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 CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities (except as provided herein) necessary to complete and construct the PROJECT in a good and workmanlike manner, according to the schedule attached as Exhibit B. In addition, CONTRACTOR will remove the existing monument from CITY property, repair the cement area where it was located and retire the existing monument in the appropriate manner. CONTRACTOR agrees that no work shall commence on the PROJECT until the requisite funding has been collected in full. A. CITY shall provide all labor, plans, tools, equipment, supplies, transportation, utilities, and all other items, services and facilities necessary to complete the portion of the PROJECT identified as landscaping and irrigation as identified on Exhibit A as items A through E inclusive. 1 agreementiveteransrjmpIS1 M V B. CONTRACTOR shall deposit One Thousand Five Hundred Dollars ($1,500) with CITY prior to commencing PROJECT for all expenses incurred by CITY for said items A through E inclusive, pursuant to the figures on Exhibit A. Any funds remaining upon completion of items A through E shall be returned to CONTRACTOR. C. CONTRACTOR shall obtain all required permits at its own expense. 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, 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. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all 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 subcontractor, 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; 2 agreementiveteransljmp15110196 B. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the CITY, and any revisions, amendments or addenda thereto; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 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 CONTRACTOR of the California Joint Cooperative Committee; D. 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 CITY, without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 3. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within thirty (30) days after notice to proceed is issued and shall begin installation of the memorial no later than December 31, 1996. 4. TERMINATION OF AGREEMENT CITY and CONTRACTOR agree that if the requisite funding is not collected by December 31, 1996, either party may terminate this Agreement with ten (10) days written notice pursuant to the provisions of Paragraph 22 of this Agreement. 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. 3 agreement/veteransfjmp1513M 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 CITY. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the CITY may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the CITY. 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 the Management Assistant in the Administration Department. Said notice to proceed shall not be issued until the CONTRACTOR has established proof to the Management Assistant that the requisite funding for the services to be performed on the property of CITY and provides proof of insurance pursuant to Section 17. CONTRACTOR does not warrant that the work will be available on the date the Notice to Proceed is issued. In 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent 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 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 for one (1) year commencing on the date of acceptance of the PROJECT including, 4 agreementiveteransrpp1513196 but not limited to, any workmanship, 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. 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 and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, 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. 11. DELAYS CONTRACTOR will be granted an extension of time 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 subcontractor due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the CITY shall grant a further period of time prior to the date of final settlement of the Agreement), notify the CITY 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 CITY 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 to 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 5 agreement/veteransrmp/5J3196 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 claims 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 CONTRACTOR or subcontractor, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12, DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CITY 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 ofthe character to be performed under this Agreement. The CITY shall promptly investigate the conditions and if it finds that such conditions do 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. 6 agreemenVveteransfjmp1513196 13. WAIVER OF CLAIMS The request by CONTRACTOR to City Council for acceptance of the PROJECT after final completion shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 14. 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. 15. 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. CONTRACTOR shall require all subcontractor to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish 7 agreemenVveteransljmp1513I96 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. 16. INSURANCE Prior to issuance of the Notice to Proceed pursuant to Section 7, CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, prod uctslcompleted operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 17. CERTIFICATES OF INSURANCE; ADDITIONAL_INSURED ENDORSEMENTS Prior to the Issuance of the Notice to Proceed pursuant Section 7, CONTRACTOR shall furnish to the Management Assistant in the Administration Department certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days 8 agreementiveteransfpp15f7196 prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the-provisions for indemnification of CITY by CONTRACTOR under the terms of this 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 policies hereunder 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 issuance of the Notice Proceed. 18. 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 CITY shall have access to requisite funding collected pursuant to Section 7 to offset said costs of cure to default. CONTRACTOR shall facilitate CITY's access. 19. DISPOSITION OF PLANS, 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, 9 agreementiveterenMMp15R196 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. 20. 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. 21. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement except as provided by this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemmenf Code Sections 1090 of seq. 22. 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. TO CITY: TO CONTRACTOR: Brian Smith, Management Assistant John Maxwell, Gary Shiffman, City of Huntington Beach American Legion Post 133 and Veterans of Foreign Wars 2000 Main Street Veterans of Foreign Wars Post 7368 Post 11548 Huntington Beach, CA 92648 P. O. Box 133 16872 Bolsa Chica Street, Huntington Beach, CA 92648 Suite 100 Huntington Beach, CA 92649 Bob Kakuk, Vietnam War Veterans of Orange County 21661 Brookhurst Street, No. 377 Huntington Beach, CA 92646 23. 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. 10 8greementtveteranMmp1513196 0 • 24. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 25. 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 services expenses incurred by CONTRACTOR. 26. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement to secure the performance hereof, each party shall bear its own attorneys' fees and costs. Rest of page intentionnaly left blank 11 agreement/veterens/jmp/513196 0 • 27. ENTIRETY The foregoing, and Exhibits "A" and "B" attached hereto, set forth 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. VETERANS OF FOREIGN WARS, CHAPTER CITY OF HUNTINGTON BEACH, a municipal 11548 corporation By: GGCr 4� Mayor Print name and title EST: VETERANS OF FOREIGN WARS, CHAPTER 736$ City Clerk ay: APPROVED AS TO FORM: G � r Print name and title ity Attorney AMERICAN LEGION POST NO. 133 — — REVIEWED AND APPROVED. By: �~ L 1 City Administrator Print name and title VIETNAM VETERANS OF ORANGE COUNTY By: �f± ko, K_ Print name and title 12 agreemenVveteransfjmpl513196 VETERANS WAR MEMORIAL CONCEPTUAL ESTIMATE A. 14 5 gal. Shrubs at $12/ea. $ 168 B. 20 1 gal. Shrubs at $6/ea. 120 C. 1 24" box tree (possible at 250/ea). 250 D. 270 s.f. Groundcover(3 ft. @ $30/ft) 90 E. 270 s.f. Irrigation System Modification @ $2.50/s.f. 675 F. 1 ea. Flag Pole & Footing L.S. 1,500 G. 2 Existing Benches (Install Only) L.S. 500 H. 625 s.f. Concrete Slab @ $4/s.f. including saw cuts 2,500 I. 30 I.f. 6"wide concrete mow strip @ $5 I.f. 150 J. 1 ea. Drain inlet (catch basin) + 30 I.f. pipe L.S. 1,000 K. 3 ea. Up lights + electrical connection to L.S. 1,500 Subtotal $8,453 20% Contingency: 1,690 $10,143 EXHIBIT A �I • 1 7 f .`1 J • N�r��3Hr21�P� NTN�� - :� le EraC�N- S LA N� . + p 4 \r IA:� N QIASf, -` vV U r9- L Wr' • Nov G�NcrzlETi�T,� .s�Tc�N �• - - --__ . N cl E"l-AT 09r-4c , •; • ��N� �t� -�� v��I�-�H-Ts f C1�TNe� G�NG12�� • �C ES�N C1 G3�•1 f'� • 4S"TI N�+1 Li EXHIBIT B �=- 1 � � � c-�� I I I I I I i i i I I I I 1