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Home My WebLink AboutAllied Sprinkler Company - 1983-04-06IpEcoRDiKo C4}, of Hun�I n . tnt��Ch. REousSTED BY `"� •. WHEN RECORDED MAIL TO: 84-081161 ; CC-597 CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Brich. Cilif. 9264P EXC 2PT NOTICE OF COMPLETION RECORDED IN OFFIML RZCIPZ OF ORANGE COUNTY. CAUFORRIA -3 2 n P&9 FEB Z 7'84 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 ALLIED SPRINKLER COMPANY, INC., 2831 Gretta Lane, Anaheim, CA. 92806 who was the company thereon for doing the following work to -wit: construction of the Bluff Top Landscape Project, in the City of Huntington Beach, California, Project CC-597. 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 That upon said contract the February 21, 1984 UNITED STATES FIDELITY & GUARANTY COMPANY das surety for -the -bond given'by -the-said -company -as-required--by -larr. - - Dated at Huntington Beach, California, this STATE OF CALIFORNIA } 'ounty of Orange ) ss: �vity of Huntington Beach } 22nd day of February lg 84 Ile City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true - and-correct,_and _that said -NOTICE -OF COMPLETION eras .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 This document is solely for the official business of the City of Huntington Beach, as contem— plated under Government Code Sac. 6103 and should be recorded 11roe of charge. 22nd day of February •,.1984 . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ftrlurrt Orryirrwl r1J Copy GtfttlrlalWl C.rrllhclta to: ka„,1 CERTIFICATE OF INSURANCE Approved as to Form: c ily ul IhuttUualup t a"I. 01y AIInrIMv 1' O- 116m 190 Hunt.nvton Saath, CA $2649 Cupv to Risk Man"ei ahag approval TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION Gail Hutton, City ey by. This is to cartlty that the policies of insurance as described below have ben issued to the insured by the undersigned and are in force al this time- 11 these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 10 days prior written notice, by mail, to City of Huntington Beach P. 0. Box 711. Huntington Basch, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured ALLIED SPRINKLER CO., INC., Address of Insured Location of Work or Operations to be performed BLUFF TOP LANDSCAPING PROJECT CC597 HUNT. BEACH, CA Description of Work or Operations INSTALLATION OF LAWN SPRINKLERS POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. in Thousands (000) IINS.1 Effective Expiration GENERAL LIABILITY MP81411 5-31-82 5-31—B3 USF&G v V4 C09APREMENSIVE FORM s CSL Each Occurance l'q PREMISES -OPERATIONS I I EXPLOSION AND $30D/$3OO COLLAPSE HAZARD BODILY INJURY I 1 UNOERG ROUND HAZARD 1,0 PRODUCTS COMPLETED $100/$100 OPERATIONS HAZARD I:G CONTRACTUAL PROPERTY DAMAGE INSURANCE 1:0 BROAD FORM PROPERTY DAMAGE' I:(1 INDEPENDENT CONTRACTORS rr'' I.sl PERSONAL INJURY AUTOMOBILE LIABILITY $250/$590 BODILY INJURY I:1 COMPREHENSIVE FORM BAP77885 5-31-82 5-31-83 $100/$100 PROF-RTY DAMAGE I { owNED $ csL USF&G Each Oecuranea I I HOACO { I NON -OWNED EXCESS LIABILITY { , UMBRELLA FORM CEP 9B2760 5-31-82 5-31-83 I 1 OYMER THAN = 1 • 000 USF&G UMBRELLA FORM WORKERS' COMPENSATION a 0-00228820 5-31-82 5-31-83 USF&G EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the (city of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall to primsry to any insurance of the City of Huntington Beach, as their interest may appear. [fat• — — AUTHORIZE ftEPRESENTAT V;-OF `N ANCE COMPANY 14SURANCE COMPANY USF&G By - , / T slam P O BOX 2068 Address 2600 E. Nutwood Anaheim, Califomia 92804 Lacy fltllertcn, Ca. 92634 city Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) The insired ' . agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any o;Fjf!� vity for which this certificate of insurance is furnished. ' Ill Sol* Proprietorship 121 Partnership f]} radon }ItOLDHARMLESSSIGNED: ByImured: Title - — _j•,�4�tF^i"-�' r IAR nertwa shall be printed or typed By Inured Wow each signature.) If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation. CALIFORNIA PRELIMINARY NOTICE IN ACCOP E WITH SECTION 3097 AND 3098. CALIFORNIA Ck ,ODE THIS IS NOT ALIEN. THIS IS A�?' iEFLFCTION ON THE INTEGRITY OF ANY CONTRN JR OR SUBCONTRACTOR T141S NJTICE IS REQUIRED UNDER CALIFORNIA LAW TO BE SENT TO YOU BY CERTAIN PERSONSOR FIRMS SMLYINNG LABOR OR MATERIALS04 YOUR.)OR 10 IN N E R S C O P y El Ij P lu B L A G 1E �V �C 0 G6 , �qel )i CONSTRUCTION LENDER or Reputed Construction Lender, if any. FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner ion public work) (on private work) C.Lty o6 Huntington Beach 2000 1lktpsaMcet Hunttng.ton Beach, CA. 92636 LICLNSE NO. WE ARE PLEASED TO INFORM YOL.' THAT AtrCatate Rent -A -Fence (memo of person or firm furnishnnq labor, services, equrD- ment or material) 4505 xnduatt&t, Su.tte. 2-G (address of person or fi►m furnishing labor, services. S-W Vattw. Ca. 93063 equipment D. materrals) has furnished or v�i11 (urnish tabor, services, equirxnent or materials of the following general description: WtAU fttcit, 1Lt'Jttt?vat 9 nexttaL {genetan description of Me labor, serv-Ces, equipment or ob ze vAmy 6excing. material futnislieu or to be luen.shed) for the buitnling, structure or other work of improvnanpol located at RI VV : Coat 'ACy, Mot {address or desCrrptron of Job s.le -- -1 Go.tden Wea# 6 9.th, #im ngton Bch, Suffinenl for identification) Const►uttlnn Ivan no. (if knownl FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any r-- - AGGied Sp►r,LcftLPlt Co. - _ 2831 Ghetto Lane i Anahedm, Ca; , .92806 , JobAt te; . Futuu Pam - L 4n Pad jtc Coast Roy, Hunttnotoft Svnf-h ten The name of the person or firm who contracted for the purchase of such tabor, services, equ-r%ment or material is: J UUcd SpUAteA Co. (name and address of person or Iran) 2837 G.t t& Lane (name} (a(jdretsl (name) (,lddrfsi) (name) (address) (name) (address) (Matetlal man not required to furnish the above] NOTICE TO PROPERTY OWNER — If bins are not Peid In full J ,or tt» tenor, iwvkw. equipmehl, tit metwilits furoished or is be furnished, a mechanic's lien trading to the lots. through Court forseloproceedings. tur• proceedis, of ell or part of your property being so Improved may be Plated speinaf the property even though you have paid your eontrector is full_ You may wish to protect year - gdf agrinst this consequenceCo by III requiring Vow ntrsctor to furnish a speed release by the person or firm giving you this no. tics before making Payment to Your eontrector a t21 tiny other method or dwke which is appropriate under the vicumstence%. - Detrdr ~ _ Icy 17. 1983 _�� 1 f f tr y� _ f mrvtag¢ni {aignalur e) ��—� Ildiel ..— Tolephnne Number I jQA_I 119-IAai - ACKNOWLEDGMENT OF RECEIPT OF PRELIMINARY 20.DAY NOTICE This acknowledges receipt on Idate) of a copy of the preliminary 204sy nonce at ([sate this aCkno'"IedyRsent ns erKuten) {signature of person a[knc+wledq.nq recerol w,tn t+'1e If ACknnwledgrnent is made on benalt of another person) 7».. 0%.—. This form 111028 Reyispd August 1917 to cnmply with 1978 Statutes) � CITY OF HUNTINGTON BEACH 2000 MAIN BTREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director' (714) 536-5431 Bluff Tap Land-cca�x. Project City of Huntington Beach M-597 ADDENDM NO. 1 March 10, 1983 Notice to All Bidders: The following revisions and additions shall be made to the bid docmmts: 1. Irrigation for project has been changed as indicated on "Revised Sheets" L-10 & Lr12. (i.e., meter size @ 9th St. is increased fray 2" to 3" and waterline crossing, including water meter & backflcyea prevention device, @ 17th St. is omitted. 2. Backflow prevention assembly size, as indicated in legend on sheet L-13, shall be changed frcra a 2" to 3" . 3. Item #34 of Base Bid shall read "2600 C.Y. of import soil." 4. Base Bid shall include Bid Item #35 which reads "1400 C.Y. of 'agriculturally suitable' import sand such as builders sand or approved equal." 5. All stationary bench pads shall be 3" A.C.Jccmpacted native soil (90%). 6. Base Bid Item #14 sh-nld read "560 S.F." not 560 L.F. You are requested to acknowledge the receipt of this addend► below and return a cow of this addendum with your bid proposal. r Pa E. Director of Public Works PDC:DRV:jy Attach. This is to acknowledge receipt and review of Addendum No. 1 dated March 10, 1983. It is understood that the revision of new docuamts shall be included in the bid do=nents. Ccr.pany ^� By LCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFQRNfA 92648 OFFICE OF THE CITY CLERIC April 20, 1983 Industrial Turf, Inc. P. 0. Box 2247 Laguna Hills, CA. 92653 We are returning your Bid Bond which was submitted with your pro;osal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yo,Lr interest in submitting a proposal. Alicia M.-Wentworth Ci ty Clerk AMW:bt Enclosure f `'TV ITNsphom: 71463"227) ka.J CITY OF HUNT'INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK :' °t' 1 April 200 1983 I Javaid Enterprises, Inc. 2016 Desire Street Rowland Heights, CA. 91748 We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yopr interest in submitting a proposal. Alicia H.-Wentworth City Clerk AMW:bt Enclosure ITetophone: 714-53"2271 CITY OF HUNT INGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK April 200 1983 Kato Landscaping, Inc. 18182 Bushard Street Fountain Malley, CA. 92708 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yopr interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure i MhPhone: 714.5 *62271 NOTICE TO BIDDERS ALTERNATE BID SCHEDULES WILL BE CONSIDERED AS ADDITIVE ITEMS TO THE BASE BID AND MAY INDIVIDUALLY BE ADDED AS DETERMINED BY THE CITY. THE PROJECT BUDGET WILL BE THE DETERMINING FACTOR FOR ANY ADDITIONS. ,J %11.-icc 597 _- FEDERALLY FUNDED THIS AGREEMENT is made and entered into on this 18th day of 19.B, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ALLIED SPRINKLER CO., a corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project (herein as PROJECT) more fully d--scribed as the construction of the Bluff Top Landscaping project -- CC 597. WHEREAS, CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agree- ments hereinafter made and exchanged, the parties covenant and agree as follow: 1. Sl AZ TEMENT 0E WORK, A-, CCEEIAN j~ OF RISK CONTRACTOR shall furnish, at his own expense, all labor, plant, tools, equipment supplies, transportation, util- ities and all other items and facilities necessary to complete and construct, in a good and workmanlike manner, PROJECT. Additionally, CONTRACTOR agrees to assume loss anal/or damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of - 1 -- any description connected with the work; and all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are 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 its 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 Hid Sheet(s). 2. ACCEj?jAFQE_OF CQNPITIOKS OF_WORK.__SPFCIEICATj0NS CONTRACTOR acknowledges that he is fully familiar with all the terms, conditions and obligations of the Contract Docu- ments, as hereinafter defined, the location of the jobsite, and the conditions under which the work is to be performed, and that he enters into this contract based upon his investigation of all such matters and is in no way relying upon any opinions or repre- sentations of CITY. It is further agreed that the Contract Documents are incorporated in this contract 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, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this contract. 2 .. "Contract Documents" as defined herein mean and include A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY'S standard plans and specification, and special contractual provisions, including those on file in the office of the Director of Public works of CITY and adopted by the City Council of CITY and any revisions, amendments or addenda thereto, the 1982 edition of Standard-Soe�ifirAtigns for Public jorks ConstruQtion published by Builder's News, Inc., 3055 Over- land Avenue, Loa 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 Cali- fornia Joint Cooperative Committee. D. Bid documents including the Notice Inviting Bids, th Special Instructions to Bidders, and the Contractual Proposal (attached hereto as Exhibit "A") E. The project plans, specifications, special provision and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in th Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of dispute or inconsistency between any plan or specification, the matter shall be immediately submitted 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 a his own risk and expense. --3- Should there be any conflict between the terms of this agreement and the bid or proposal of CONTRACTOR, then this agree- ment 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. UMMENEMENT OF PROJECT CONTRACTOR agrees to commence the project within 10 calendar days after notice to proceed is issued and shall dili- gently prosecute it to the completion within 180 calendar days from the execution of this contract by CITY, excluding delays provided for in Section 16 herein. 4. Time is of the essence of this contract. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of his work in conformance with the said progress schedule. He shall coordinate the work covered by this contract with that of all other contractors, subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the project and in accordance with Section 3 herein. 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 or order in which the various portions of the work shall be installed or the priority o the work of other subcontractors and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises. - 4 - 5 • QUANGES CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work the DPW may require without nullifying this contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change therefro is authorized in writing by the DPW. Under no condition shall CONTRACTOR make any changes, either in additions or deductions, without the written order of the DPW and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon i writing by the DPW. CONTRACTOR shall submit immediately to the DPW written copies of its firmts cost or credit proposal for changes in the work. Disputed work shall be performed as ordered in writing by the DPW and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to DPW. b. XOJIQE TO ER_ CEFD 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 event of a delay in commence went due to such unavailability, relief to the CONTRACTOR shall b limited to a time extension equal to the delay due to such unavailability. 7. BOh CS CONTRACTOR shall, prior to entering upon the performanc of this contract, furnish bonds approved by the City Attorney: on in the amount of one hundred percent (100%) of the contract price - 5 - to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50;) of the contract price, to guarantee payment of all claims for labor and materials furnished. Such warranty shall apply to all work done under this agreement, including but not limited to any workmanship, installation, fabrication, material or structuralfacilities constructed. CONTRACTOR, within ten (10) days after notification by CITY of any defect warranted hereunder, may, at its option, make appropriate repairs or replace the defe--tive itemor items. 8. SALIEQBNIA EAIE EMPLUENT ERA„Q1ICE5 ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code. 9. CA ,IFQNIA PMAILING ME LAW The CITY has ascertained from the Director of Industria Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holi- day 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 contract, and the same has been set forth by resolution on file i the office of the City Clerk of CITY. CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Qgde Sections 1771 and 1774 of the State of California. In accordance with the provisions of Section 3700 of the Labor Code, CONTRACTOR further agrees to secure payment of compensation to every employee. - 6 - 10. CALIFQRNIA PREVAILING WAGE LAW ,� JENALTY CONTRACTOR shall, as a penalty to CITY, forfeit Twenty -Five dollars ($25) for each calendar day or portion thereo for each worker paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work providedfor in this contract, all in accordance with Sections 177 and 1775 of the Labor Code of the State of California. 11. E Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 12. MAELOXMIENT OF_ APPRENTICES Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicabl to this contract. 13. EIGHI HQQB LAW In performance of this contract, not more than eight (8 hours shall constitute a day's work and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph above. CONTRACTOR shall conform to Article 3, Chapter 1, part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and shall forfeit to CITY as a penalty, the sum of Twenty -Five dollars ($25) for each worker employed in the execution of the contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitte to labor more than eight (8) hours in any one calendar day and - 7 - forty (40) hours in any one week in violation of said article. CONTRACT shall keep an accurate record showing the name and actua hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the project. CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classifi- cation, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman., apprentice or worker employed by him in connection with the project, and agrees to insist that each of his subcontractors do the same. CONTRACTOR further agrees that his payroll records and those of his subcontractors, if any, shall be available to the employee or his representative, the Division cf Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of LAD= Code Section 1776, in general ►r_' r ► 61 k I'laori It is further understood and agreed that the CONTRACTOR is, and shall be, acting at all times as an independent contracto herein, and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compen- sation., unemployment compensation and other payroll deductions fo CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. SK-M 16. LIQUIQATED DAMAGES It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth in Section 3 herein, damage will be sustained by CITY and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage that CITY will sustain in the event of and by reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the sum of One Hundred dollars per day for each and every working day's delay in finishing the work in excess of the number of working days prescribed; and CONTRACTOR agrees to pay said damages herein provided for, 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 with 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, and 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 contract) 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 its decision is 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, if said materials are required by this contract to be furnished by CITY, or by damage caused by fire or other casualty for which CONTRACTOR is not responsible, or by the combined action of the workmen, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the evert of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended 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 contractors, subcontractors or CITY will be allowed and said extension of time for the completion shall be the sole remedy of CONTRACTOR. 17. DIFFERING SITE CONDITION,z (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 10 - the site differing materially from those indicated in this agreement; or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this agreement. The DPW 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) lime ,Extend, on. No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in this clause; provided, however, the time prescribed therefor may be extended by CITY. 18. CQLPEK2ITION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to any additions or deductions as provided in the Contract Documents, the sum of three hundred thirty-nine thousand two hundred three and thirty-eight hundredths dollars ($339.203.38) as set forth in the Contract Documents and provided for in -Section 1 herein. 19. MARIA1IO , IN E51IMATED UANTITIES 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 constructed in accordance with the Plans and Specifications. Upon completion of the construction, if the actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract bid price will prevail. subject to the provisions of this Article. Equitable adjustment in payment will be made upon increases or decreases in costs due. solely to the variation in quantity above or below the estimated quantity when warranted by the facts and circumstances. If the quantity vari- ation 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 justify. 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. 20. ERQQBE§5 PAYMENTS Each month, the DPW will make an estimate in writing of the work performed 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. If CONTRACTOR has, in the judgment of the DPW, faith- fully 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 payments of each month up to one hundred percent (100%) of the value of the - 12 - work completed since the commencement of the work, 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, accompanied by a certificate signed by the DPW, stating that the work for which payment is demanded has been performed in accordance with the terms of the contract, and that the amount stated in the certificate is due under the terms of the contract. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 21. WITHHELD CONTRACT FUNDS, UDSTITUTION_OF SEURISIES 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 Section 20 of this contract. 22. AFC DI AVID$ 0„ F SATISFACTIQN_OF CLAIMS After the completion of the work contemplated by this contract, CONTRACTOR shall file with the DPW its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon PROJECT have been paid in full, and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which - 13 - have been filed under the provisions of the statutes of the State of California. 23. WAIVES Q� F 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 contract, 24. INDEMNIFICATION:HOLD HARMLESS: DEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, including death or injury to CONTRACTOR'S employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR or out of the operations conducted by CONTRACTOR, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 25. WMEX50 CQMEEN5AIION CONTRACTOR acknowledges and undertakes its duty under the provisions of Section 3700 et seq. of the Labor Code to insure against liability for Workers' Compensation and covenants to comply with such provisions prior to commencing the performance of the work hereunder. CONTRACTOR shall maintain Workers' . Compensation. - 14 - Insurance and otherwise comply with all of the provisions of the Workers' Compensation and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable and shall furnish to CITY a certificate of Workers' Compensation Insurance evidencing such compliance. The insurer shall furnish to CITY a certificate of Workers' Compensation Insurance. The provider of insurance shall not cancel or modify any such policy so provided without thirty (30) days' prior written notice to CITY. CONTRACTOR shall further require all subcontractors to similarly provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish a certificate of waiver of subrogation under the terms of the workers' compensation insurance, and CONTRACTOR shall similarly require all subcontractors to waive subrogation. CONTRACTOR'S Workers' Compensation Insurance shall be in forms and underwritten by insurance companies satisfactory to CITY. Said insurance shall remain in force until the work under this contract is fully completed and accepted by CITY. Said insurance shall not derogate from the provisions for indemnifi- cation of CITY by CONTRACTOR under section 24 of this contract. CONTRACTOR shall, notwithstanding nor diminishing the foregoing obligations, subscribe for and maintain in full force and effect during the life of this contract a workers' compensation liabil- ity policy, in accordance with the Workers' Compensation Act of the State of California, of not less than one hundred thousand dollars ($100,000). - 15 26. JN5URANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies satisfactory to CITY for: all operations, subcontract work, contractual obligations, product or completed operation, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the CONTRACTOR shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as additional insureds on said policies. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages, and such certificates shall provide the name and policy number of each carrier and policy, and that the insurance is in force and will not be cancelled without thirty (30) days' written notice to CITY. CONTRACTOR shall maintain all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under section 24 of this contract. Notwith- standing or diminishing the obligations of CONTRACTOR with - 16 respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this contract the following insurance amounts: not less than Three Hundred Thousand dollars ($300,000) combined single limit coverage for Items A and B. A. Bodily Injury Liability and Automotive Bodily Injury Liability (including non - ownership and hired cars) B. Property Damage Liability and Automotive Property Damage Liability CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay the premiums on all insurance hereinabove required. 27. DEEM7.1B PLIEEHIN A11QN If CONTRACTOR fails or refuses to prosecute the work with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt, or makes an assignment for the benefit of creditors, or becomes insolvent, or violates any provision of the Contract Documents, CITY may give notice in writing of its intention to terminate the contract. Unless the violation is cured within ten (10) days' after said notice of intention has been served or. CONTRACTOR, CITY may terminate this agreement upon the expiration of that time. - 17 28. DISPOSITION OF _PLANS,_ETItj& jE$ AND QTHER ,ROUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this agree - sent, all original drawings, reports, calculations, maps and other documents, pertaining to said contract, shall be delivered to CITY and become its sole property at no further cost. 29. Al�LA115FACTION__ WITH _PEgF'ORIANCE In the event that CITY is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in section 27 are followed, CITY may elect to assume complete control over PROJECT. 30. -A No assignment or delegation by the CONTRACTOR of this contract or any part hereof, or of funds to be received here- under, will be recognized by CITY unless such assignment or delegation has had prior written approval of consent of CITY and the surety. 31.01"MPLQUEa CONTRACTOR shall employ no regular employee of CITY in the work performed pursuant to this contract. 32. ATTORNFX'S FEES If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to - 18 - Withhold, which names CITY as a party to said action, or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and neces- sary disbursements arising out of the processing of Stop Notices or Notices to Withhold or any similar legal document arising out of the performance of this agreement. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. 33. FEDERAL PARTM EATION The PROJECT to which the work covered by this contract is being assisted by the United States of America and the following Contract Provisions are included in this contract pursuant to 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. 34. pUj; -E•AGQM ACT CONTRACTOR agrees to pay and to require all subcon- tractors 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 for each craft or type of worker needed to perform the contract. CONTRACTOR agrees to comply with all applicable federal labor standards provisions. Said provisions are incorporated herein by this reference. Handicapped persons are included. - 19 - 35. ALIERE 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 comply with Section 20, amended. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur, and utilize local business firm when possible. CONTRACTOR shall document his efforts to comply with Section III and transmit his documentation to the DPW during the course of construction and will submit a final report at the completion of the job. CONTRACTOR shall insure that all aliens employed on the PROJECT are in possesion of an alien work card. 36. EQUAL N-QUQRIMLU The CONTRACTOR will ccmply with all provisions of EgsMtive Qrder.11246, entitled "Equal Employment Opportunity," as amended by FaXCS'�4]j iya Order 11375, and as supplemented in Department of Labor regulations (41CFR Part 60). The CONTRACTOR is required to have an affirmative action plan which declares that i. does not discriminate on the basis of race, color, religion, creed, rational origin, sex and age to ensure equality of opportunity in all aspects of employment. Section. 503 of the Rehabilitation Act of 1973 prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. - 20 - r Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four years after their discharge and, (2) qualified disabled veterans throughout their working life if they have a 30 percent or more disability. To assure compliance with the requirement, the CONTRACTOR shall provide the CITY his written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY a listing of his subcontractors together with a completed affirma- tive action program from each subcontractor when applicable. 37. COPELAND ",ANTI -KICKBACK" ACT CONTRACTOR and it subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act, as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, 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. 38. Q,ONTRAU W,QRK HOURS AND UEUX 51ANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) 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 - 21 8 hours and a standard workweek of 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 8 hours in any calendar day or 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 avail- able on the open market, or contracts for transportation. 39. POL_ LUIIQN CCQNTROL ACI (a) CONTRACTOR stipulates that any facility to be utilized in the performance of this contract is not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA), List of Violating Facilities Pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all 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 Huntington Beach of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a - 22 - facility to be utilized for the Contract 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 paragraphs (a) through (d) of this section in every nonexempt subcontract, and further agrees to takesuch action as the Government may direct as a means of enforcing such requirements. 40. ENERGY CONSERVATION Contracts 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 (P.L. 94-163). 41. G U 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. 142. ENTIRETY The foregoing represents the entire agreement between the parties. - 23 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers the day, month and year first above written.. CONTRACTOR: 1� A By - Don Eickhoff, P ident By R g Eickhof , Secretary ATTEST: =City -clerk REVIEWED AND APPROVED: ity AdministraVor 4/21/83 TE:kdl -24- CITY OF HUNTINGTON BEACH, a mun' . all corporation 4 - By Mayor APPROVED AS TO FORM: IN TED AND APPROVED: Director, Putlic Works r i . neJ. � •a Paul E. Cook Director' w CITY" OF HUN'TINGTON BEACH 2000 MAIN STREET Bluff Tap Ia- ,pr: Project City of Huntington Beach CC-597 AMEND JN NO. 1 March 10, 1983 Notice to All Bidders: CALIFORNIA 92648 Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: 1. Irrigation for project has been changed as indicated on "Revised Sheets" Ir10 & L-12. (i.e., meter size @ 9th St. is increased frcm 2" to 3" and waterline crossing, including water meter & backflaa prevention device, @ 17th St. is amitted. 2. Backflow prevention asseribly size, as indicated in legend on sheet L-134, shall be changed from a 2" to 3". 3. item #34 of Base Bid shall read "2600 C.Y. of import soil." 4. Base Bid shall include Bid Item 135 which reads "1400 C.Y. of 'agriculturally suitable' import sand such as builders sand or approved equal." 5. All stationary bench pads shall be 3" A.C./capacted native soil (90%). 6. Base Bid Item 014 should read "560 S.F." not 560 L.F. Ycu are requested to acknowledge the receipt of this addendum below and return a ccpy of this addendum with your bid proposal. 'rJtruly.y Pa E. Director of Public Works PD2:DR4:7y Attach. This is to acknowledge receipt and review of Addendum No. 1 dated March 10, 1983. It is understood that the revision of new docents shall be included in the bid docents. Date ITEM APPROMAiE IMI V+1ITH MT PRICE UdiT NO. CJUA ,T, ITY WRITTEN IN WORDS PRICE TOTAL Tcrporary Construction Fencing @ 33. Lcanp S= Lump Sum Ler�.t. Sum Dort Soil @ 34. 2,600 C.Y. ... ----- Per C.Y. Per C.Y. Import sand @ 35. 1,400 C.Y. C.Y. ' Per C.Y. BASE BID TOTAL $ i ' ALTUMTE BID NO. 1 Irrigation System @ 1. � 15,090 SF Per SF Per SF Soil Preparation @ 2. 15,090 SF Per SF I Per SF + 25' High Palms @ 1 3. 2 Ea. Each Eac i 23' High Palms @ 4. 2 Ea. Each Each 20' Iiigh Palms @ 5. 3 Ea. Each Each 161 High Palms @ 5. 1 Ea. Each Each P- ', - jj ex CITY' OF HUN T'INGTON BEACH 2000 h4AIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Director BLUFF TOP LANDSCAPE PROJECT CITY OF HUNTINGTON BEACH CC-597 ADDENDUM 110. 2 March 15, 1983 Notice to all Bidders: Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: The calendar day time limit of 120 days, as stated in page four of the Federally Funded Public Works Contract sample, should read 1$0 caTendar days. You are requested to acknowledge the receipt of this addendum below and return a copy of this addendum with your bid proposal. err.-truly�rours, ( Paul E. Cook Director of Public Works PEC:DRN:jy This is to acknowledge receipt and review of Addendum No. 2 dated March 15, 1983. It is understood that the revision of new documents shall be included in the bid documents. Company By Date X�Jt�if (yo it 0� CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 BLUFF TOP LANDSCAPE PROJECT CITY OF HUNTINGTON BEACH CC 597 ADDENDUM NO. 3 MARCH 16, 1983 Notice to all Bidders: The following revisions and additions shall be made to the bid docu- ments: 1. The costs for relocating the pipe railing, as noted on Sheet L-5, shall be included in the lump sure price of Base Bid Item #2, "Clearing & Grubbing." 2. The costs for placing horizontal railroad ties, as noted on Sheet L-5, shall be included in the per cubic yard.price of Base Bid Item #3, "Earthwork." 3. Mainline piping, for irrigation shown on Sheet L-11, shall be 3" in diameter and not 2 inches and 2 1/2 inches in diameter as shown. (See Addendum #2 for changes in irrigation plan.) 4. The note stating "New 3" A.C. over 6" A.C. sand base (See Spec)" on tNe--bike trail construction drawing of Sheet L-5 shall be omitted. Bike trail shall be reconstructed according to details 5A/L-9 and 5B/L--9 as indicated. You are requested to acknowledge the -receipt of this addendum below and return a copy of this addendum with your bid proposal. err s , Pa 1 E. Cook Director of Public Works PEC:DRN:jy This is to acknowledge receipt and review of Addendum No. 3 dated ]!larch 16, 1983. It is Understood that the revision of new documents shall be included in the bid documents. Company By ..W 41 ATTORNEY -IN -FACT AFFIDAVIT STATE OR COMMONWEALTH OF Cali f trni a COUNTY OR CITY OF Orange es. Before me, a Notary Public, personally came lion B. known to me, And known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, s Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were axed by order and.tuthority of said Company's Board of Directors, and that the execution of the attached bond is the fre4 act and deed of United States Fidelity and Guaranty Company. Given under my han ,,Y QQ --day of ' Pr" 19 83 'ram a riCI+u Wi t � SME A CWaP.ANDA 04 j x '�•{X NOTA v M.? .1c - L u+GauWiM iN Notary Public. OIWZE couNty bly Commission expires uiy s�. =yam r 1 'fin:-r.: p• - ti_---•- r [--*rr�rM'*K'?�-�-+-� - '•-1 n� en:.�:-n- _ -�:'j+ n=:-t •y...:--r-�+-=r^� _'�:,�.[er.._ e4. : r'� '`� . f► .--- �� i:. � �� -- —'�" _ �pk LIA ��P 4 UNITED STATES FIDE - X �ZUARANTY COMPANY (A Stock Company) BOND ltpa00120�1565$3Q.•.-.,, PUBLIC WORKS PAYMENT POND (Premium Included In Performance Bond) KNOW ALL MEN BY THESE PRESENTS: That we,.... S?rinkler Co- f. Inc................................................................. ......................................................................................................................... as Principal, and UNITED STATES FIDELITY AN9 ftJAItANTY COMPANY, a Corporation organized and existing under the laws of the State of Maryland and authOTized to transact surety business to the State of California, as Surety, are held and firmly bound unto............. ... Cit .of Huntington B6aCh...................................................................... as Obligee. IG In the sum of.. QlRe. Dollars ($ I69, 601.69 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these prese-ft v a� WHEREAS, the above bounden P:incipal has been awarded and has entered in:o a contract, dated... ................ with said Obligee :i to do and perform the following work, U6wlt AF1'P,0 ,'.:D AS TO FOfi2d : I; r' GAIL Bluff Top Park Landscape Project — ccr.tract #597 City Attc:: cy I -; fir.; 13y as will more full appear In said contract, reference to which Is hereby made; and, Y Y beputy, City A orney WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Cods to furnish a bond in c� connection with said contract, as hetelnafter set forth. o's �w NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION iS SUCH, That, if said Principal, his or Us helm executors, �lfd adminlstrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams, t Implements or machinery used In, upon, for or about the performance of tha work contracted to be done, or fcr any work or labor thereon of Ir any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, as required by the provisions of E Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have eomp1ed with the provisions of said Code, or 11 1: for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal j`f1 and his subcontractors pursuant to Section 18806 of the Revenue and Taxat:ol Code, with respect to such work and labor, the Surety hereon will pay for the same In an amount not exceeding the sum spetified In this bsnd; otherwise the above obligation s`yall be void. In case suit Is ,. brought upon this bond, the said Surety will pay a reasonable attorneys fee to be fixed by the court This bond shall Inure to tye benefit of any and all persons, eomp3nles and corporations entitled to file claims under Section 3181 of the I.J ' Civil Code, so as to give a right of action to them or their assigns In am suit brought upon this bond t SIGNED, sealed with our seals, end dated.. ................... pril.2.........................................., 1983. +j i X ......Inr1�.......... . .ISeal) '.- UNiT STATES YELAND C RANTY COMPANY By. I/.4'i/.. Ceafl r� Dort B. I,ocy orneyin-fact i II _� • R - i-. - ' - : -:- pr .. •:. SfL7� .�17 t^ � �• 7 '{�• �7 1' G 'i;..tt-. S..5 '+':"' _J:.`• � ..��E• 'iif:,5,`• Lei.'` Ea I Contrset238 (CaUfornis) (T-78) .k. CERTIFIED COPY No.....S9c.�°...... 10tose all Kees by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the State of Maryland. and having Its principal once at the City of Baltimore. in the Sute of Maryland, does hereby constitute and appoint Don H. Loc;; of the City of Anahei= ,State of California its true and lawful attorney in and for the State of California for the following purposes, to wit: To sign its name as surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the re>,elution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us. its Board of Directory, hereby ratifies and confirms all and whatsoever the said Don S.Locy may lawfully do in the pmniscs by virtue of these presents. In ;rltnesa Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to bs sealed with its corporate seaL duly attested by the signatum of its Bice -President and Assistant Secretary. this 32.S t day of z August _ . A D. 19 79- (Signed) ( SEAL ) (Signed) STATE OF MARYLAND. ) BALTIMORE CITY. UYTT£I1 STATES MEi.ITY AND CUARANIN COMPANY. B Thoaas A. Zecha ....................................................... Yke-Presilaat �,..iHilliam J...Phelan ........... Assirtaru �Secrerary. On this 31st day of August , A. D. 19 7R befote me personally ear•.te Thomas A. Zecha . Vice -President of the UNTIED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I wm T rally a qu Ph . -who being by me sevm* duly sworn. said that they. the said Themas A. Zecha and 1 were respectively the rice-Prmident and the Assistant Secretary of the said UNIM STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they each knew the sed of said eogwradoa; that the seal affixed to said Power of Attorney was such corporate seal, that it wave so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively. of the Company. 82 My commission expires the first wy in July. A. D. 19........ EAL) (Signed) ...Margaret M. Hurst (S ....................................................... Notary Public. STATE OF MARYL.AND j ScL BALTImORE CT7Y. !j L William Allen . Clerk of the Superior Court of Baltimore City. which Court is a Court of Record, sad has a aeal. do hereby certify that Margaret It. Hurst , Esq'.tine. before whom the annexed 4davits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore. duly commisaioned and sworn and authorized by law to administer oaths and take atknowledgmtnts, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Tettimo Whereof, I hereto set my hand and athe seal of the Superior Court of Baltimore City, the same being a Court of Record, ibisxlaffix the day of August , A. D. 19 79 William Allen (SEAL) (Signed)............................................................... Clerk o% the Superior Court of &&mare City. FS 3 (6.77) 2 COPY OF RESOLLMON That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States uther than Maryland. and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, bs it Resolved. that this Company do, and it hereby does, authorize and empower its President or either of its rice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, uncer its corporate seal. to appoint any person or persons as attorney or attornemin-fact, cr agent or agents of said Company, in its nafne and as its act, to execute and deliver any and =l1 con. tracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts 0&.er &20 insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings. or by law allowed. and dfso, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything is the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of tiewioundland. or by the rules, regulations, orders, customs, practice er discretion of any board. body, organi:ation, otace or officer. local. municipal or otherwise, be allowed. required or permitted to be executed. made. taken. given. tendered. accepted. filed or recorded for the mcurity or protection of, by or for any person or persons, corporation, body, once, interest. municipality nr other association or organization whatsoever, is any and ail capacities Whatsoever. conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, George R . D o z e r , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original porter of attorney given by acid Company to D o n B. L o c y of Anaheim, C a 1 i L o r n i a . authorizing and espowering ham to sign bonds as therein set forth, which ,power of attorney has never been revolted and is still in fall force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular taeetivg of the Board of Directors of said Company. duly called and held at the office of the Company in the City of Baltimore. on the llth day of July, 1910, u which meeting a quorum of the Board of Directors was present. and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Tadrfsonr Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AIND GUARANTY COMPANY oft April 20, 1983. (Date) Usistant Secretary. 1000) ter. if AT3`ORNEY IN -FACT AFFIDAVIT STATE OR COMMONWEALTH OF Ca l i fn=i a COUNTY OR CITY OF Orange - as: Before me, a Notary Public, personally came: D= B. 16W known to me, and known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by Order � and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my h 20th day of April , Y9 83 oaricku SEAL I i 6M A C�tSRur'.�*� vsiENGIPM oFFICE IN otary Public. "�': a o�:c COUffrr My Commission expires a ub ISM �3 Ana 676 (Wd) M 4l�5 �JplTI+F, .,� UNITED STATES FIDE L ` i �GUAR ANTY COMPANY (A StoXcomaany) PUBLIC WORKS PERFORMANCE BOND (The premium charged on this bond is $4070................ being at the rate of $. 12-P0 .............. per thousand of the ccntract price) KNOW ALL MEN BY THESE PRESENTS: That we,....... Allied ,Sprinkler . :.c .Inc................................................................. as Principal, and UN1TE0 STATES FIDE_ Y AND GUARANTY COMPANY, a [o-poration organized aid existing under the laws of the State of Maryland and authorized to transact surety business In the State of Califomia, as Surety, are held and firmly bound unto ................ .... Glty .of. H tington. Beach...................................................................... a Obligee. In the aum ot. . ThreeHundred Thirty Nine Thousand TWO Hundred Three Dollars & 38/100-- ....................................................................................... %.. Dollars ($ 339, 203. 38 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ' = WHEREAS, the above bounden Principal has been awarded and has entered Into a contract dated ................. with said Obligee to do and perform the following work, to -wit: A,PFER07ED AS TO FORM: GAIL 17UTTON city Attorat"y Bluff Tbp Park Landscape Project —contract 1597 � $y' Doputy City tt rrteT es will more tufty appear In said contract, reference to which Is hereby main.A NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, If the above bounden Principal shall well and truly perform, or cause to be performed, each and all of the requirements and oblifrJons of said contract to be performed by said Principal, as In aid l eareract set forth, then this bond shall be null and void; otherwise It shall remain in full force and effect SIGNED, sealed with our seals, and dated......... April. 2Q .................... 19.83.. a tW t;�- A.................... ................ ....o.,,�u . I' !; ............ ......... .... ...(Sean . LPrincipal g' �� IFT UNITE TATES FIOEL AND G RANTY COMPANY By. �%. .... .. .tSeall `7I IAGy ttcrney4n.fact �gt -- — l.-:il. a".J::J4 -....iL:�. ;; i.: .... T t-�ll�:: -7 [.. - •:.t-_.r�' Ji`I.-- 7 ii� J2«:. ..s.rr Ccub"t237 (Callform") (1-73) ••="• CERTIFIED COPY GENERAL POWER OF ATTORNEY .........:.............. Know all Hers br theca Presents That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the State of .1faryland, and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint Don B. Loc.r of the City of Anaheir- , Ctste of Cali Porn is its true and lawful attorney in and for the State of California for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; aid the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us. its Board of Directom hereby ratifies and confirms all and whatsoever the said Don B.Locy may lawfully do In the premises by virtue of these preenta. In Witness Whomol. the acid UNITED STATES FIDELITY A.YD GUARANTY COMPANY has caused this Instrument to be seat-d with its corporate seal. duly attested by the aigaatum of its Vice -President and Assistant Secmtm7. this 3 Z S t day of August , A- D. 19 75 (Signed) (Signed) STATE OF MARYLAND. BALTI]MORE CITY. a: UV= STATES MELTTY AND CUARANTY COMPANY. Tho>:tas A.. Zecha t.. ............................................ Vic*-Presid&PA �,,,,William..J:..Phelan ................... .faui.rum •Semwy. On this 31st - day of August , A. D. 19 79 before me personaLy, came Thomas A. Zecha , Vice -President of the UNITED STATES FIDELITY AND GUARA.' M COMPA.YY and William J. Phelan , Assistant Secretary of said Company. with both of whom 1 Na personally acquainted, who being br tee severally duly sworn. said that they. the said Thomas A. Z e c h a and i l personally J . Phelan were respectively the Vwc.Pr"ident and the Asawant Secretary of the said UNITED STATES FIDELITY AND CUARA.NTY COJfPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was each corporate seal, that It was so fixed by order of the Board of Directors of said corporation, and that ther signed their names thereto by like order as Vice -President and Assistant Secretary. resMdvely. of the Company. . Air commission expires the first ay in July, A. D. 19. 8.... (SEAL) (Signed) Margaret M. Eurst l.......................................... . ....... Natory Pub&-. STATE OF MARYLAND BALTIMORE CT7Y. � I. William Allen . Clerk of the Superior Court of Baltimore City. which court is a Court of Record. and has a seal. do hereby Certify that Margaret It. hru r s t . Enquire, before whom the annexed affidaviu were made, and who has thereto subscribed his name. was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commi"loned ani swam and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the sipatum to be his genuine signature. Irs Testisrsott Whereol. I hereto set my hand and affix the wal of the Superior Court of Baltimore City. the name being a Court of Record, this jiSt day of August , A. D. I9 79 (SEAT,) (Signed) ...................wil].i.. ......................................... Clerk of the Superior Court of Baltimore City. Fs 3 (s-rr) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business :hat this Company appoint agents and attcrneys wish power and authcrty to act for it and in its nave in States other than Maryland, And in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Then%re, be it Resulted. that this Company do, and it hereby does, authorize and empower its President or either of its `Ice - Presidents in conjunction with. i:s Secretary or one of its Assistant Secretaries, under its corporate sear. to appoint any person or persons as attorney or Attarneys•in•fact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con.- UBC.s gwtrartceing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other an insurance policies and executing or guaranteeing bonds and undertakin;s, required cr permitted is ail actions or proceedia;s, or by law allowed, and Also. in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizanees. obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by raw. municipal or otherwise. or by any Statute of the United States or of any State or Territory of the United States or of the Provirces of tine Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer. local. municipal or otherwise, be allowed, required -jr permitted to be executed. -jade, taken, given, tcrdered. accepted. filed or recorded for the security or protection of, by or for any person or persons, corporation. body, office. interest, municipality or other association or crgeniz L;on whatsoever, is any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided .'or in any such bend. recognizance. obligation. stipulation. or undertaking, or anything in :he nature of either of the same. 1. G e o r cge R . Downer , an Assistant Secretary of tire L'`ITED STATES FIDELITY AND GUARANTY COMPANY. do hereby certify that the foregoing is a full. true and correct copy of the original power of attorney 4hrn by said. Company to Dan B . Lacy of Anaheim, California , authorizing and empowwng h i= to sign bonds as .hernia net forth, which power of attorney has never been revolted and is still in fail force and effect. And I do funkier certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Hoard of Directors of said Company, duly called and held at the office of the Company is the City of Baltimore, Ott the ilih day of 1uly. 1910. 1t which meeting a quorum of the Board of Directors was present, and that the forgoing is a true and correct copy of said resolution. and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof I have hereunto set ray hand and the teal of the UNITED STATES FIDELITY AND GUAfiANTY COMPANY on April 2U, 1§83 (Date) Assistant Secretary. rn (0�) r REQUEST FOR CITY COUNCIL ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. llrr7 son, City Administrato Prepared by: Paul E. Cook,' Director of Public WorksL . Subject: Bluff Top Im2 scape Project; CC 597 mil 6,_1993 83 - ad-a- ��e T'a Cd�c �p iL �,•a /� , it 4 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ST== Or ISSUE: Pursuant to City Council approval. of February 22, 1983, bids were received on March 22, 1933 for the Bluff Top Landscape Project. RDOC[TENDATICN: 1. Accept—Uii low bid submitted by Allies] Sprinkler Company and authorize the Mayor and City Clerk to execute an appropriate contract in the &nolnt of $339,201.00. 2. Approve the attached agreement and thereby accept $100,000 in project funding from the County of Orange. -3.__Authorize the.appropriationof $50,00 from downtown redevelopment funds. Authorize the aap =iat_ion of $700 fran_ SB-821 Bike FLL-A._Authorize -the -appropriation _of -the renain- _inc3 _$83, 906 fran ttie Unappropriated General Fimd_Balance _and _the _Park AecRiisiton_and Development Find in vvk atever proportion . the &nmcil _desires _(i.e. _50% General Fund, 50% Park Acquisition';%General Fund, 100% Park Acquisition; etc:) A�MYSIS : Uz February 22, 1983, the City Council approved the plans and specifications for the Bluff ibp Landscape Project and authorized staff to advertise for construction bids. Bids were received and opened on March 22, 1983. Of the nine bids sul=Itted, only two, as surtnarized below, are close to the estimated cost of construction. Base Alt. Bid Alt. Bid Alt. Bid Alt. Bid Base Bid Contractor Bid #1 42 #3 #4 Alts. 1,2,3,&4 Allied Sprinkler $263,372 $15,879* $25,161 $211338* $13,451 $339,201* Mathis Const. 259,535* 15,458 31,783 25,601 17,164 349,541* *corrected totals (i.e. audited figures) The base bid includes cleaning and grading the project site, installing the mainline irri- gagon system, putting in the protective railing along the bluff edges, and landscaping (on both sides of the bike trail) at 9th and P.C.H., 17th and P.C.H., and Goldenwest at P.C.H. Alternate bid item #1 includes irrigation and landscaping (on both side of the bike trail) at 14th and P.C.H. and 20th at P.C.H. Alternate bid item #2 includes irrigation and landscaping (on the inland side of the bike trail) between 17th and Goldenwest. Only small portions of the bluff, on the ocean side of the bike trail, are included in this bid itm. Alternate bid item #3 includes irrigation and landscaping (on the inland side of the bike trail) between llth and 13th and 14th and 16th Streets. Again, only shall portions of the bluff (on the ocean side of the bike trail) are included in this bid item. P10 4/81 �� Paquest for Council Action Bluff Top Iandscape Project; CSC 597 April 6, 1983 Page 2 Alternate bid item #4 includes the installation of irrigation and landscaping along the un= pleted portions of TF9 bluff on the ocean side of the bike trail between 9th and Goldenw+est. Including all of the alternatives in the project will provide a completely landscaped park from 9th St. to Goldenw est. Therefore, it is recommended that a contract be awarded to Allied Sprinkler Cacpany with the following contract cost provisions: Contract Amount: $339,201..00 Const. Contingencies: 33,920.00 Total Contract Costs: $373,121.00 On March 150, 1983, the Orange County Board of Supervisors approved the appropriation of $100,000 in funding for the Bluff Top Iandscarx! Project. The conditions of this appropria- tion are included in the attached agreement. Staff has reviewed the agreement and recap mends approval of the docum. mt. Although $238,515 has been encumbered from various sources for this project, these is still a revenue shortfall of $134,606.00. Other sources of potential revenues include downtown redevelopment funds, limited eligible S.B. 821-bike monies,.park acquisition and develop- mert funds, and the general fund. - . . FUMING SOURCE: Allocated Pvenues: 1. Orange county Allocation 2. Public Donations & Private Contribution_c, (Account A259 ) 3. Park Acquisition & Development Fund (Account #790606) Subtotal.: $238,515.00 Unallocated Revenues: $100,000.00 111,515.00 27,000.00 4. Unappropriated -General Fund Balance or Park Acquisition & Development FiUnd $ 83,906.00 5. Downtown Redevelogment Fund 50,000.00 6. Limited Eligible S.S. 821 Bike Fund- .700.00 Total: $373,121.00 ALTER.°ATIVE ACTIONS: 1. Appropriate U0 total project shortfall, of $134,606 _or a portion thereof from the unappropriated General - Fund Wil.ance and award a contract - to Allied Spri ;Uer Gn:ipany. 2. ;Uard a base bid contract to Mathis Construction, Inc. and appropriate the $46,973 base bid shortfall fran one or any combination cf the following sources: -Park Acquisition & De v opwent Funds -Downtown Redevelopment Funds -Limited Eligible S.B. 821 Bike Monies. -Unappropriated General Find Balance Est for Cm=il Action `V Bluff Top Landscape Project; CC 597 April 6, 1983 Page 3 3. Reject all bids until revenue shortfall is resolved. A MIM: 1.orangFe—County Agreement 2. F.I.R. Glr:PDC:DRN:jy UNITED STATES FIDELITY AND GUARANTY COMPANY STATUS INQUIRY OWNER. OBLIGEE OR ORIGINATING CO. • ADDRESS CITY OF HUNTINGTON BEACH Building Dept. P.O. Box 190 L Huntington Beach, California 9264E 000188 DATE 04/30/64 OUR YOhO NO. J 40-0120-1 1665--83-0 REINSURER"i NO. :ONTRACTOR ALLILD SPRJNKLER CO.. INC. 2831 GRLTTA LAME ADDRESS ANAHE I M CA ESCRIPT ION Of CONTRACT LANDSCAPING BLUFF TOY PARK Nb97 OWNER CITY OF- HUNTINGTON BEACH CONTRACT PRICE PERFORMANCE BOND L&M PAYMENT BOND EFFECTIVE DATE S3399203 T— $339s203 S1n99602 04/20/83 WITHOUT PREJUDICING YOUR RIGHT OR AFFECTING C UR LIABILITY UNDER BOND 151 DESCRIBED ABOVE WE WOULD APPR ECIATE SUCH OF THE FOLLOWING INFORMATION AS IS NOW AVAILABLE. 1.1F CONTRACT COMPLETED, PLEASE STATE: 2. IF CONTRACT UNCOMPLETED. PLEASE STATE- VERY TRULY YOURS. aY APPROMMATE DATE OF CON PLETION APPROA6MATE ACCEPTANCE faN AL CONTRACT PRICE OF WORK (OR F WAL DELIVERYL - DATE �2/2 2/Z//9 y ' V.?j- 17 4i-e_ O TC�CI►t 36 9 APP1tOX4MATE PERCEN'AGE OR DOLLAR AMOUNT OF CONTRACT CO+APLETEO OR DELIV ERED 3. DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIAL& ❑ YES 4. REMARKS: PLEASE RETURN ORIGINAL OF THIS INQUIRY IN ENCLOSED ENVELOPE TG Fuo S • F. b G• `l LOS ANGELES B• Co NAME. ADDRESS: P*Oo BOX 4 250 LFULLERTON. CA 92034 J GENERAL FORM STATUS INQUIRY FEDERAL CASES TO BE SLSMITTED IN DUPLICATE. STAMPED. ADDRESSED EM"CLOPE TO !E ATTACHED. 11/+ NO It Is understood that the Information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely an expression of opinion. It Is also agreed that In furnishing this information, no guaranty or warranty of accuracy or corre:lness is made and no responsibility Is assumed as a result of reliance by the surety, whether such Information Is furnished by the owner or by an architect or engineer as the agent of the owner. BY: r l�1/t� •/4. �D S� NATUNE TITLE: DATE: THE LANGUA -F TH& FORM IS ACCEPTABLE TO THE GQRV Y ASSOCIATION OF AUERICA rS 71 1126310101 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VZI of the Civil Rights Act and Equal. Employment Opportunity Act of 1972 Gentlemen: ,WI The undersigned, contractor o roiect NO. / V / Titie hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by hip: or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title 1 ', _'!��,,,�/ �4.01 BID PROPOSAL FROM A/b, (-j s�-,jC 1 Fi=Z Nam �' To the Honorable Mayor and City Council, City of Huntington Beach, California: In ccrpliance with the notice inviting sealed proposals for the BLUFF TOP LANDSCAPING PROJECT N/41 SIDE OF PACIFIC COAST FIGFWAY 9th STREET TO GOLDEN EST STREET HUNTINGTON BEACH, CALIFORNIA CC-597 I hereby propose and agree to enter into a contract to perform the work herein described and to fu=u--,h the materials therefore according to the plans, speci- fications and special provisions for the said work a-d to the satisfaction of and tinder the sqpervisicn of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid fran any subcontractor or materialman through any bid depository, the bye-laws, rules or regulations of which prohibit or prevent the contractor frm considering any bid fran any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or raterIman from biddi.rsj to any contractor who does not use the facilities of or accept bids frcm or through such bid depository. For the furnishixyg of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict eon- fo=' ty with the plans, specifications and special provisions, on file in the office of the Direr of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM NO. APPRCKMATE OMNI= ITEM WIM UNIT PRICE WRI= 3N WLMM UNIT PRICE TOTAL BASE BID 1 Lump Sum Mobilization @-� �u* Lure Sure. �r�-"J eed "a_ j ooe J Lunp Sur 2 Lump Suva Clearing and Grubbing Section 9? @ l�ti+�., Sum. Lump' Sum �— q 01 c o P--1 k.», %W' IM i APPMC MTE nMM WIM [PN=, PRIM , M. gJXV= R"RIT•= Lti WORDS PRICE ` I TO'.AL � 3 3 3,500 CY Earthwork (See Section 10) to L per �� Per CY 3 S f ; 4 14,000 SF Asphalt paving @ 0"- �%/�i� � � ✓ tz Sfvr,,-) C'r1,,j7S per SF . c • Per SF' S 1,420 LF Concrete Mow Strip @ atee- Dr,11f7tZ51 /4 I f per LF ` V/ .�� Per LF G. 310 i f, 2,600 LF Safety Railing C :2 - Q - - Oro 7 _ er L V Per LF 3gJ Coe, 7 4 each Project Identification Sign @ -ciC I � � 1 7 Each 8 9 each Stationary Benches @ dLJ J,7,, y ch &Zf -� s Each /41 0. 9 7 each Picnic table/bench @ 47vF N "fol-cJ PY P.each os Each y 10 9 each Trash Receptacles °= I each to?s I Each ai j Y 11 7"-5 LF Wood Bollards 0%1,S / i _ x/T Vr LF ZO y Per LF -7 a, J 12 62 each Wood Bollards with ch in L each Each P-2 — �r �f J= IT M APPRCXIM.ATE fi ITEM 'r:ITH UNIT PRICS UNIT f NO QUANTITY � WRITTEN IN WORDS Pa:CL' � 'MT L 13 62n LF j Street Light Conduit I r L F� e'er LF r. 3 �7 ' 14 560Concrete Pads for Picric Table/ Benches -7`-'b`, J ♦ 4 7r•f1F CC,.+I� Per t:F } �r I Per N SF 700 l5 •-' oac,h 4 ,' Water Service @ / ' each ✓ �� Each 16 125,275 SF Irrigation System @ ?Ift V f f 1 Ntn - E�✓7"5 Per SF ,Y3" { Per SF 17 125,275.SF Soil Preparation @ f; h 7- i 5 =27S Per SF -QSV Y Per SF 1° 10 each 25' High Palms @ � <<e ficinMFJ V/ J18 j o • �i k+?%h {o4c 2 D, l/, 0_S ea clj _ 4&141 r Each to 10 each 23' High Palrrs @ _;. e J 7 i r<' 5 t7 11, 5 / c h o� 1//o M • p� Each 1 j t 20 9 each 20' High Palms @ J r'ft li.,.�,1RE� 1 4 { S"'( f��%11 each j .3!z s •_ 1( Each ` 21 11 Mach 18' High Palms @ l,Q each / Each v 32 'each 15' High Palms @ 74,0 91—JA61 Sal t 1rT R7oMer;1S each ! a! -Each Each P-3 �.j � i' i 1 APPICZ'A EE 1 1 I i I i ^:: i WITH UNIT P:LT= m. QUA TiTy ��':?i'I'I 1 I:I L,�OR S ` P_IU-CEl" 23 29 each 12' High N) IMS @ A.:) 1 Each I,// I 24 9 each 10' F3i.gh Palms -, _.✓ k each Each ' / �e�'.7v 25 10 each 8' High Palms @_c,J� f`��ricll��c� ✓ J epch r/ Each J�3o I 26 80 each 15 Callon Shrubs SIr J s� r A c', a Ch �ln Each i 27 151 each 5.Callon Shrubs Doll,4i? each Each J /:57/d I 28 93 each l Callon Shrubs @ -71e 1r- # u - C +Z each Each 2 302, ' 29 9400 SF Ground Cover @ per S-1 , /6' a� f Per SF 14110 30 115,875 SF Stolonized Turf @-kcj,e, i±tj a,oc- 7" 7 ri CF✓ per SF . n y1 f Per SF 31 Lump Sum 30 Day Plant Establishment f { Period @ P 4T 1�...�ir?✓c� �,�/� Lump Sum CVSa Lump Sur.. f j 32 Lump Su:.i 60 Day Maintenance Period a✓ 4ieff I�ot,spf-� Lump Sure 376o Y j l j Lump 5ur1 I I aG 370o P- 4 - I= RPPROXLV TE ITEM 4+Z711 M*11T PRICE USTIT IBC. Q(JA.YTITY WRITTEN IN WORDS PRICE 7 AL Temporary Construction Fencing @ / ✓ 33. LuTp Stan / �/ Unp Ste► o° /0nC)_- a� L . Sum. impart Soil @- 34. 2,600 C.Y. .Y, S� Per C.Y. ► 3, goo Import sand @ `Q 1: , V/ 35. 1,400 C.Y. �'„•,�- C.Y. C-0- ✓ c— Per C. Y. 1 l ao a� am TOM $ �L3 3�a �� ALTOMTE BID No. 1 j ' r 1. 115,090 Sr Irrigation System @ R&LA.. (110 'S 7 ✓ I wel Per SF Per SF I Soil Preparation @ fl,T� ✓ I i 2. 15,090 SF �'• Ta - - - Per S/ , ON ! jZ Per SF 7 � 25' High Palms 3. 2 Ea. �cknr� +crL D,,llr��5 Each a� ✓ r Each 1 23' High Palms @ P I 4. 2 Ea. '-Ides Each --- Each Fwo 20' high Palms @ jzae- A...,, d"" 5. 3 Ea. 14S, )( P, // rz 5 Each Each/o 8 18' High Palms @_-4 f& 4., 4"a or 6. 1 Ea, Each 2 �i Each �o?/ P_ �, - "M k,1 ITE4i APPIOCI!V= ITEM WITH UNIT PRIG UNLIT NO. QIU11111 TY 'ISM7 'EN IN VXX= PRICE 707AI, 15' High Palms @ rlc-r _ [k, rlr?� ✓ 7. 6 Ea. 4 r a lloa s ✓ Each �r '✓ Each a�yy 12' High Palm @ 7lc o_ &,cj& 8. 7 Ea. �`��,� 17s,1 rr��2 S ✓ Each Each 10High Pallas @ 9. 6 Ea. to, A ?�z /7c+l�i'j►25 . Each 8' High Palms @ 1D. 3 Ea. L a Pe -- Each a. 1 Y Each 5 Gallon Shrubs @ 7l o //rat S 11. 58 Ea. Each /o '� ✓ 1 Gallon Shrubs @ P.141,'s ✓ 01 12. 103 Ea. , .. •� ��- Each u I 33� 13. 4,225 SF Per SF .15' Per SF 33 Stolonized Turf rty-j COF- f 14. 10,865 SF t=TS f Per SF . o f f �/ SIG Per SF 30 Day Plant Establishient Period f / 15. Lump Sun @�� /�SI7k�� Sur, �um? Stet► 60 Day Maintenance Period @ ov� 16. ump sun A/Jjjg LDm p S= oc� Ulm stagy IMI APPRCXINATE ITE4 WrM UNIT PRIG UNIT NO. QMVI'ITY WRITTEN IN MEW PRICE TOTAL J ALTEM= sm #1 TOTAL: $ _ !S , �I? ALTER= BID NO. 2 Irrigation System @!Tf -tr �! 1. 48,100 SF �' �� r7•r%� 7�� Per SF .09S 5� Per SF A/0 Soil Preparation @ eo,• 1, i J 2. 48,100 SF f'/�h i 7t-,74 5 Per SF .09w V Per SF 25' High Palms @ ,� �.,/ ✓ 3. 5 Ea. -�t...? �Zi u �_ t7 /Ih�s S Each 4WV c� Each ��aD 23' High Palms @ ,u / �. ��-�1 ✓ 4. 1 5 Ea. 77-,-) De, //of as Each / /a Each 20' High Palms @-c'-11�1/J 5. 4 Ea. S'", Y Y 1A //HC.S ✓ Each ,I 18' High Palms @ 7%i �?ft /�/i9f ►� a� 6. 4 Ea. _ 7� r�l-•�� _ cs ;• fV1( P 5 .itach S,21 a E�xch 15' High Palms @ 7,6 /4--ttL6f j i. 10 Ea. s,�r �'T T_ J !tars:.. 1 a, Eacho 12' High Palms @ 8. 9 Ea. % ,l/Yl �t i Y Each _ Each 73 F-7— M �wA ITEM APPROUVATE I= WITH U.= PRICE UNIT M. ¢JAVI'ITY kRi= IN %01W PRICE TOM 10' High Palms @ 9. 5 Ea. �r-yr j /(c! S Each d` Each jcd 8' High Pah s @ o..ar / d � 10. 4 Ea. �� rrhK�S f� /, s Ea i , Each Ground Comer @�,,�� ✓ 11. 950 SF Per SF Per SF Stol.onized Turf @ ,c _ A,-,ct 0u( J 12. 47,150 SF, Per SF Y Per SF 30 Day Plant Establis.nmt Period 13. Ixanp Sun c� I Lump Sum 60 Day Maintenance Period ice_ ` 14 . Ix;p Sun Sin i� 7 �� x Diu c �,• � _ Lug Sum �= J ALTE MT BID # 2 'DOTAL: $ o! EL ALTERSMTE BID 140. 3 Irrigation System @ !oo, 1. 39,185 SF 7i A"' Per SF z 7 Per SF Soil Preparation @_ �:' 4 k i - , T —� ✓ / 2. 39,185 SF ��t7" 7f Tl, Cr�..Tj Per SF VA % .7(V ^ Per SF P-8 - CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK April 22, 1983 Mathis Construction, Inc JV Environmental landscape Contractors P. 0. Box 199 Cucamonga, CA. 91730 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yokur interest in submitting a proposal. Alicia M.&Wentworth City .Cl erk AMW: bt Enclosure .y Mlsphono: 71443"227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK April _22, 1983 H. J. H. Western Contractors, Inc. 14450 Hoover Street Westminster, CA. 92683 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for 'your interest in submitting a proposal. Alicia.'M. Wentworth City .Clerk AMW:bt Enclosure 't. - (TT+tePhan: 714 53642Z7) CITY .DF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 22, 1983 Allied Sprinkler Company, Inc. 2831 Gretta Lane Anaheim, CA. 92806 Enclosed is an executed copy cf the contract with the City of Huntington Beach for the construction of the Sluff Top Park in the City of Huntington Beach, Project CC-597. Also enclosed is a Bid Bond which was submitted with your proposal. A1,icia M. Wentworth City Clerk AMW:bt Enclosures 'L, Mkphwe- 714-63"227) CONTRACT PROV1itot iS rOR U' JITED STATES DEPARTMENT OF HOU` 1Nt; AND URI tAN OFVEI-OPIAENT 1. APPLICABILITY The Project to which the work covered by this Contract is being assisted by the United States of Arnerica and the following Contract Provisions are iru:ILuir-d in this Contract pursuant t.n the provisions-ipplicrible to such Federal assistance,. A, Fe(Jrrai funds are financing all cr part of this work, all of the statutes, rules and regulation:, promulgated by the Federal Government and applicable to the work will apply. 2. PAYMENT BOND (APPLICABLE TO CONTRACTS EXCEEDING $100,000) The "Payment Bond" (material and labor) required shall be for 100 percent of the contract price. 3. IMPLEMENTATION OF CLEAN AIR ACT ANO FEDERAL WATER POLLUTION CONTROL ACT (APPLICABLE TO CONTRACTS EXCEEDING $100,000) a. The Contractor stipulates that anyJacility to be utilized in the performance of this Contract, unless such Contract is exempt under the Clean Air Act, ns amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Puh. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 C.F.R., Part 15), is not listed, on the date of Contract award, on the United States Environmental Protection Agency, (EPA) List of Violating Facilities Pursuant to 40 C.F.R. 15.20. b. The Contractor agrees to comply with all 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 Huntington Beach of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that 9 facility to be utilized for the Contract 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 pnra,rap'r n rhr«crlh ri of this ser•tion in every nonexempt suhcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 4. SUriCONTrtACTING WITH SMALL AND MIN()RI rY FIRMS, WONIEN'S F3U5I114CSS ENTERPRISE AND LABOR SUrtPLUS AREA FIRMS The Contractor is required to take affirmative steps to assure th,nt small and minority businesses are utilized when possible as a source of supplies, equipment, construction and services. Affirmative steps shall include the following: —11— a. Including qualified small and minority businesses an solicitation lists. b. ssurinrl that small rind minority businesses are solicited whenever they are potential sources. C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximurn small and minority business participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority business. C. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce and the Community Services Administration as required. Contractor shall take similar appropriate affirmative action in support of women's business enterprises. Contractor is encourager) to procure goods and services from labor surplus areas. 5. COMPLIANCE WITH SECTION III a:* THC 1968 HOUSING ANO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Contractor shall attempt to hire local qualified minority individuals when Sob . opportunities occur, and utilize local business firms when possible. The Contractor shall document his effort to comply with Section III and transmit this documentation to the City, Department of Public Works, during the course of cnnstruction and will submit a final report at the completion of the project, prior to the final progress payment. 6. EQUAL EMPLOYMENT OPPORTUNITY (APPLICABLE TO ALL CONTRACTS - WHICH EXCEED $10,000) The Contractor will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Contractor is required to have an affirmative: nction plan which declares that it does not discriminate, on the basis of race, color, religion, creed, national origin, sex and age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination hl cca:jne of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 4n2 of the Vietnam Era Veterans' RendjustmenL 'Assistance Act of 1974 prohibits job discriminaticn and requires affirmative, action to comply and advance in ernploymont (1) qualified Vietnam veterans d-iring the first frnir years after their discharge and (2) qualified disabled veterans throughout their working life if they have a 30 percent or morn, disability. -2- To assure compli-ince with the requirem-mt, the. Contractor shill provide the City his written afflrmative :action plan prior to commencement of work. %ft.. The Contractor is required to provide the City n listing of his subcontractors tognther with a completed affirmative action program from each subcontractor when applicable. %ft. 7. COPELAND "ANTI-KICKl3ACl<" ACT (APPLICABLE FOR ALL CONTRACTS FOR CONSTRUCTION OR REPAIR) -The Contractor shall comply with the provisions of the CopPland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, mart 3). This Act provides that each Contractor or subgrantee shall be prohibited'from ind«cing, 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. 8. DAVIS-BACON ACT (APPLICABLE FOR ALL CONSTRUCTION CONTRACTS EXCEEDING $2,000) The Contractor shall comply with the provisions of the Davis -Baron Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act Contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wades specified in a wage determination made by the Secretary of Labor. In addition, Contractors shall be required to pay wngns not less often than once a week. Contract' shall be conditioned upon the acceptance of the wage determination. A copy of the wage deterrninntion-issued by the United States Department of Labor is included in these project documents and execution of the Contract'by the Contractor shall be deemed as his acceptance of the wage determination.' If there is n difference between the minimum wage rates predetermined by the United States Department of Labor and the prevailing wage rates determined by the State for similar classifications of labor, the Contractor and his stabcontractors shall pay not less than the higher wage rate. 9. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (APPLICABLE FOR CONSTRUCTION CONTRACTS EXCEEDING $2,000 AND OTHER CONTRACTS EXCEEDING $2,500 WHICH INVOLVE THE EMPLOYMENT OF MECHANICS OR LABORERS) The Contractor shall comply with the provisions of sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under section 103 of the Act, each Contractor shall ba re,7,jired to compute the wanes of every mechanic and laborer on the basis of a standard workday of 8 IZnurs and a standard workweek of 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 Imsic rate of pay for all hours worked it, excess of 8 hours in uny calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides - that no'laborer or +nechanic shall he recrilred 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 promulclated by the Secretary of Labor. These requirements do not apply to the purchase, of supplies or inat.r.rials or articles ordinarily available on the open market, or Contracts for transportation or transmission of intelligence. -3- 1%. 10. HUD CONCURRENCE Or CONTRACTORS The (city is required to Contract HUU' prior to the award of the Contract to determine whr-thee the proposed Contractor has been disqualified under existing laws or regulations. from participating in federally -assisted construction. 11. APPROVAL OF SUBCONTRACTORS The prime Contractor shall submit n-letter to the City requesting :approval of the Subcontractor(s). included in the letter shall be a list of the names and address of each Contractor, items to be subcontracted, by item n0mber, brief description of thn iteon, and Contract bid value. The dollar valrie arnount .-abcontracted is based on the Contract bid item price, not on the subcontractor's price to the prime Contractor. if only a portion of the item is to be subcontracted, indicate what portion and dollar value of the work, based an the Contract item bid value. . The prime Contractor shall also submit at this time a completed affirmative action program from each subcontractor where applicable. Request for approval must he submitted for ALL proposed -subcontractors including those proposed to work only on items identified ns "Specialty items". The mere listing) of the subcontractors in the proposal does not meet the Federal requirements for approval of subcontractors. The prime Contractor shall not permit a subcontractor to start work on the project until subcontractor is cleared by HUD and approved by the City. 12. ISSUANCE OF THC NOTICE TO PROCEED Fallowing execution of a construction Contract, the City will .issue to the Contractor a "Notice to Procend" authorizing the start of construction. This `Notice to P.aceed" establishes the official starting date for the Contract and will provide the basis for assessing liquidated damages where applicable. -4- HUD-= - 18fi81 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS 1. APYUCABILI Y The li'mied or Pre gram to whiclt the work covered by this Contrart pertains is being anaisted lay the United Slates of Aw-rics and the (61L)wing Federal Labor Standards Provisions are included in this Contract pursuant to the pro4iuns sp- laticabic to such E cdrtal a„umsnce. 2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS All laixtrrrw and mechanic employed upon the work covered by this Contract shall be paid unconditionally and not Inn often then once est•h week, anti without subsequent deduction or rebate on any aerount (except such pai•roll deductions An arr rustle manatatory ley law and surh other payroll deductions set are permitted icy the applicable regulations issued by the Secrrtary of La6w, ldttitral 4tstrrt Depatrtment of I.abtrr, purmitant to tlae Anti•Kickhack Act hereirsafter identified). the full anartunls due as time of payment computed at wage: rates not lem than those contained in the wage determinsltion decision of "Secretary of i shor (a copy of which iA attached and herein incorporated by reference), regardless of any contractual re- iati mi%hip which may be sllegrtl to exist between the. Contractor or any subcontractor and such laborers and mechanics. All iabuerrs and rtreehsnirs rmpluyral upon surh work shall be paid in cash, rarept that payment may be by check if the employer 1>Mrie1es or scevrrA sealiefactury firilities approved by the Local Public. Agency or Public Body for the ea+hing of the Aame without co+tt or rspenra• to kite eml,loyee. For the purpose of this clsusr, contributions made or tostA res-innably anticipated under Section I (b) (2) of the DaviA-llacon Art on behalf of laborers or merhanira are Cronsidered wagre pair{ to such labrerrra aaa: meelunics. atuljre1 in the provisions of Section!" .5(sxI)(iv) of Title 29, Coale of Federal Regulations. Aho for the pt>rleoae Of l6t cbtea+e, rrgttLr aentributiursa math or Costa incurred formnre than a weekly period under planA, funds, or programs, but eoverinC the particular weekly prrriod, are deemed to be constructively made. or incurred during such weekly period. 3. UNDERPAYMENTS OF WAGES OR SALARIES In t•s•e of tsrtels-rp•nwrtarnt of wigr% by the Contractor or lay any subrontrartor to laborers or merlunir•s employed h% llw 0intractor or strbrto.trartor upon the work covered by this 0intrart, the {.oral Puhli'! Agency or Puhlir Body in addition to xuch other rightai as rosy he afforded it under thin C.nnlrsrt ahall withhold from the Contractor, out of any payments due the CnIllrirtor, so much thereof sA lltet Loral Pnhlir Agency or Pohlir. Body may ronsidrr neermary to pay surh laborers or mrrhanicat the full arnoteot of wag;rs retitrired by this 0)ntract. The amount sr► withlaelrl may be di•hurwd lay the Local Pish. lir AI!rnry or ruize Body, for anti on arrount of the Cmitrartor tar the aularontrartnr (as may he alalxol,riate), to the rrslee•c. give 4horers or rnrcltanirst tat whom the tame iA due or on their behalf to planA, funds, or programs for any type e of fringe baaert prrwrilerd in the applicable wabr, determination. 4. AtMCIPAlI•S) LU:stS Ui-* FRIN(:E IIENEFIrS If Ilse CAtittrarlor rle-rf nail make Its)rnrnta it) a !roster or tit lerr [hire] pemnsr, he ma)- raana•idrr as part of kite wages ref easy lal.ctrrr ar tors loci, the atuaaunt of Italy Count rrAutttnhly Antiripstrd in prti"Iitay fringe (,rstrfit. under a plan art la stunt aaf a Iy jw raprratnly lalrrl in Ihr wage lie ccrtnittlliun drrilmion n( Ihr Serretary of Lalarer which ie a part taf Ibis Om[tar l- fi.eorlre{ Arearenen, The 1.wr.•Isry t>f lalar haw found, ttl.errs tier as►illen rrefurst of the Cientrartor, that the- applicable attend. amiss sat the Itare.11artian Aat lime I.e-en mrl. 'I'Far tie•rretary of Lalaear tit my rrip6re the t;ottracttar to set .a•idr in a arp,sratr arr.wttl anw id f.er the rrtra•ling of aabligalieenea under the plan or pntgrarn. A copy of any findinp made by the Serretary of gal..er in rerlwrl to fringe lertt;•filn bring; providrd lay the 61oitra,lor must be ■uhtuilteel let the Loral Public elgrnry or public 1S'Wy with the first 1,A)rolt Tilyd by the Contractile subAeriurnt to reeript of the findings. L ILw HUD•3200 �+«: -32M IB 891 ' N%.' S. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK FOURS STANDARDS ACT (76 Stat- 357-36t1; 7itte dU U.S.C.. Sections 327.332) (a) Overtime requirenienttl. No Contractor or subcontractor contracting for any Furl of the Contract work which may require or involve the employment of lalmfen sir nieEli aitical, incIudirig watchmen and guatrda, shalt require sir la-rmii ■uy lahurrr or 111"hanic in any workwtvk in wl+ict he is employed on such work to work in excel of 11 buury in stay ralrndar illy or in exce:n of -10 houn in surh wurkwcek unless path lutwrer of mechanic receives compensation at a rate not let* than ulie and une-lialf times his, basin rate- of pay for all hours worked in exees a of II hours in any calendar day or in excel. of 411 hours in such work wcck, au the caer may be. (b) Violation; liability for untwist wakes; Iuluidated damages. In the event of stay violai'rin of the clause bet forth in paragraph (a), the C ontrarlor and any auhcuntnctur respunsible therefor shall be liable to any affected empluyee for his un- paid wags.In addition, ouch f;uritraetor and liubcttntractor shall be liable to the United Statrs (sir liquidated damages. But h lignidated datllayeb shall br r.urnputed with respect to each individual lahofer or mechanic employed in visitation (if the clause act forth in paragraph (a), in the ruin ttf S It) for each calendar day on which such employee was retluired or permitted to work in excem of It hours or in excess of the standard workweek of 40 huuris without payment of the overtime wages required by the clause bet forth in paragraph (a). (r) witllhul+lint; (tar 64111idaterl darn aces. I'lie Local Public Agency or Puhlic !Jody shall withhold or eau►e to be with- hr1d, from.11y nitincyii paya111r sin arroaint o work perfurniril lay the Contractor or subrnntractur, such aunts as may admin. i,lratrvrly Lr determined to he necrw,ary to satisfy any liabilities of such Cuntr;oetur or stdieuntractor for liquidated damages au pn,vidrd in the clause art forth sit laragraph (b). (d) 5ssIcsinIracts. The fArntr.actur shall inkert in any suhronlract► the rlauaea tart forth in paragaplae (a), (Is). and (r) of this, Seumn and ahu a clam.• rrquiring the wnLcuntrartors to include these elaurca in any lower tier siihrontracts which they nary + ntl:r into, lubether with a clause requiring Chia inacrtion in ariy further subcontracts that rlisy in turn be made. 6. EMPLOYMENT OF APPRENTICES do Apprenticrti will be permittrd to perfurin work covered by thili (: sntrarl only under a Luns Fide apprenticeship program rehiSterrd with a State Apprrntiteallip Agency which is rreognized lay list Itureau of Apprraticeship and Training, Ilnited State+ Depattrnent of IAt-or,air. it no ►ueh recugtrised Agency exNtx in a State, under a program rrgietered with the Bureau of Apprrrtlireship and Trainitig. Thr allowable ratio of apprentices to journeymen in any craft rlaoificstion shall not be greater than the ratio perrithted to the Contrae-tur ■a to his entire work force un+ler the rrl;itotered prugram. Any employee 16tcd on a llaynill at an apprentice wag+: rate, who its not rrbis,lered as alwovc,'ehall he paid the wage rate determined by the Secretary of Labor, United Stem Departnarnt of 1.11aor, for the classifiestiuic of work lie artually latAormed. The Contractor ur aultcun- tractrur •hall furnish the. I.rtcal PuLlic Agrnry or I'uhlic Body with written evidcnee of the rrgihtration of his, program and ap. prrnticrr, an well as of the appropriate ration said wage rates for the area of construction, prior to using au} apprentices an the contract work. 7. EmrLOYMENT OF CERTAIN PERSONS PROHIBITED No perum under the age of ui<Iren years and no person who, at list. time, in serving srMrisr•e in a penal or correctional inatitution shalt be employed an the work euvrred by this Contract. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT' The Caintradeir Oiall comply with like spplieshle regulations (a copy of which is altachrd said herein ineorpsirated by reference) of the Srcretary of Labor, 11nitr(lStates Department of I.Ax,r, mails pursuant to the sari -called "Anti•Kirkbarit Ael" of June 13, ITI.1(VI Stat, 9-M. 62 Slat. Ilfa2; Titles 10 U.S.C.. Section 8 -1: anti Title U) II.S.C., Section 276c), anti any amend. `i manta or modifiratiuns tlhcreof, shall cause appropriate provisions lu be incwrted in Pidicontracts to insure compliance therewith -Z- �• HllDJ?00 t 8�91 by all tuhelint: actors subject thereto, and shall he respon%ihle for the suhntiµinn of affirlavita required ley suhrontractor% there- undrr. except as raid Srrrrlary of Labor may specifically provide for reaaunallle limitations, variations, tolerances, and exein fe- tionl. frnrn the rryuirelnenls lbereof. EMPLO"IENT OF LABORERS OR MECIIANICS NOT LISTED IN AFORESAID WAGE DETERMINA71ON DECISION Any clay: ref laler►re,or mrrhanira whirls is not listed in alie wage drlrrmination and %hick is to be employed under the teintrarl will Ise ela-Aifie•ei or reela.e.iGrd runforrnahly to the wager determination by the Local Puhlir. Agency fir Public (lady. and a re-lvrl of the arlie►n taken Moll lie suhmitted by the local rnblie Agency or rublir Body. through the Secretary of IIr►u%ing and Urban Devr.lopm"t. ti► lire Secretary of Labor, United States Departrnrnt of Ial-or. In the eirnt the intere-ttrd I-amirf cannot sgre on the pnel1e► rlaeufication or rerla.%*ificat►on of a partirular class of l.hnrers and mechanics to he u•rel. the que,tiun arronlParoed by the rri-ornmrndation of the Lr.ral Puhlir. Agency err Pulllic Body stall he referred, through the tiecr-•lan of Iluusinb •rood llrl►.rn 11rvelop►nent. to the Seerrlary of Labor for filial determination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Neetl Public rlgrnry or Puhlic Body %hall require, whenever the minimum wage rate prescribed in the Contract for a r1a.F of lrleeerrr%or rnrrleanie s im turlc% a fringe henedit which in not eaprritsrd as an hourly wake rate and the Contractor ix ideligilrif 11e pay Cale r.linialrrrt of e•111'h a firing.- leelee(it, an ],.,early eaall equivalent (hereof to; he estal.214lyd. in the event the rot+'rrktrll pdrtirt, rarulot ar,rrr lileren it each e,luivalrrlt of the fringe benefit, the ilurritlon, arrnmpanied Fey the rerommenda• luen to( the iAW31 I'ulibr Aviary- it Public lk►ily, shall be ref�rral,11m)ugh the Secretary of Housing slat] Urban Development, te► llee• Sevri•leir) a-( I-al■-r fi-r drierminalion. I 1 P05TING WAGE DETERMINATION DECISIONS AND AUTIIORIZED WAGE DEDUCTIONS 'I Ile 21111lirahlr wige pr►ftrr air the Serrrlary r►f Labor. t'nited Slates Department of I ahor, and Ihr applicable wage de- Irnnio..laui r-( l•ald Srrrrtury of Lahe,r with rr•prct to Ibr varinw► rirs,.ificationa of lat►nrers and merhan;m employed and to he rrnl.lot"ril nl•.en the ..seek covered by 66 Ginlrarl. and a rtalrnernl showing; all drdurtions, if slave in arrorefailrr witfe the l-ree.ileorls of illi• ('a►rltrar•le to lee niarle frorn wages sctually carnal lay pen►na *n employed or to he employed in olm-16 rli.—ifications. shall he hosted at appropriate con*leicuuus points at the site of the veork. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY 13Y DIPLOYE•ES Me laleorerier niechinic lie whom the wage. -Wary, or r.ther labor standardi proviaionli of this Cnntract are aplllicahle *hail ter Ili- harcrel or iu any other inanner die:criminated againet by the rontractor fir any a+aheontrartor breaunr aueh em• ploy rr ha% GICel am cunlldaint Of in*lituterl fir Csu►sd to Ike irie,tiluted any proceeding or his testified or is about to tratify in anv l•ri.ceedln; ul.el. I all ICIAlreg lu lhr labor standard= applicable under thin Uinlrert to his employer. 11. CLAMS AND DISPUTES PERTAINING TO WAGE RATES Claim% and diape►tes prrtaenilig let wage• raltra fir to c6"ifientions of lslenrera anal merllanim employed upon the work Covered by thin. 1;1111raot .hall br prr►nlptly relenrlyd [By the (:snlrartor in writing to the li•ral Pupil. %grncy r►r Poblir Ready (e.r referral ley ll.r i itlrr thr-► igh the- Secretary of I low-ing amel (lrhsn Development to the Seerriary of Illeur, United St step Drpart mrnt of 13lnir, wlule.e dreiaion shell be final with rcl•prrt thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATURES AND REGULATIONS w All elue*tinna arieeing culler (leis (nntracl which relate Ito the application or interpretation of (a) the sforruid Anti• ~' Kickhark Act, (h) the Contrai•t Wink hour% Stanrlarels Act. (r.) the sforruid Ravin.171seren Art, (d) the rrpIlstions ia*ued by the Srrrrlary of Lal►ur, tinited Slates Department of I.slielr, pu:auanl to uid Anne Per (e) the labor standards provisions of any •3. N. PIUD•3200 outer p,:rtincnt hede•rrl alatute, shall lee re-ft•fred, thrutigh the IAiral Pul,lic Agent:v fir I'uLlie Iili11v ;Intl ihr Svi rrtar) of I lailastitg arid IIt Intl l)eltrl.t I enll•slt, lea the :44•errl ity fif IjWr. I let ltrd SI..te-h I►1•I eq rllllrllt to I l seer, fe•r.+ie''� u- +. f prime• ruling; ate ints-rl.r+•l it late, %Ili,:It pIs if 6-r1111N1(lt.lt I" and let's) l a' f•'Ileal III .11If .If teen' part IXnienail IIiv- (Ail it rat I. ' IS. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS 'flee {antrrelor ante ra,-li auLrusalrrrtur iIwtl lerrparr Ili.. paynllls.list fainu, I•aliararlfiry to Bllll ill avrfirJance with in- TIr1H'11+111i let Ll- flletlialu•d Its lilt' [A octal 1'1+1.I H' .��rlli'j fir I'llhllr It+I,ly. *1 lee' IAsntrae'lnr n+eall tnhllllt week l) 1to the I....J 111411• he -,r,,'114.1 tit I'nhlle It. -Ill 1. vrrtelii-d laigen•, ail Al pa)r/ell. for Ili,' l sistrartair a1sll is( [Ili- nett. lllltrdi lose%. It isviwo nllllrr•lunll 01.11 ILI• I:.enlra+'tur ritall 6- rrnpuumhh. fair Ill.- hill1111iW,iUn aif e:ugsirs tit pa) roll. aif all wuheaiiih i- Bur., Fat I1 tell 1. Ilaa r,•Il %hell rfiutain till- " Wurl,I) Ntiteuerut ail (it Ili pli+it. a•".rt furl II in ,r1 Bain :I.:t for Will.- .n. (: it Iv lsf Frllrral 1(rg etIatiuiln. The I'+v[filla'sual I,rAr pa) n•Il rat air.%, ul the I:1n11rdelur and e.avit'suhrainlrrrla+r raivrrirrgy all 1+1s4prrn and nerrbsr.ir, riot lu�r+! nllull till- wlsrl. IU%Irill by thin (itolf;6vt IJIa11 Iw inaits.lainrd durita-, ill,• rlsurw• as[ ill,- wurl, .nail prenertIed fair r prriu+l of :I r m, I herl-afirr. ill% I i s ros n rat+ II 1 ! I f I I l l I' ' } 1 l } 11 1 I.arlr I,.e} fu h•rUh � >• w I t nnlaln (1r nrinr. need ae 1 te•�.. a err 1 fur 1 riot . u� re. Ile fur• . r.-r[ I Ia.e.eln.tenet, fill• air pa) on, IUdmr t+t,-b ail railllnhllleai115 fir furls antlripalyd of Ihr 1) pre• Ile;.rrsllrll Ill 101)12)': ail lilt- 1)alia-ISaclpu :Ire), Il,elly .11141 werl,I) fluml,rr oil hour• wurl.rrl, dedne-tiams leladr, and it l+tal wage. paid. Ill aeldiliun. w llr•II.-tt-r flat- Secretary ut Lilwlr lea lattuid 11a1.1.•r :�rrtltl[I .1. 1{a) (I) (li,) all Tilly 2e11, 0.11,' I,f I�rdi-cal Itt-gillrllt+lll. Illat till - Marra III ,ill% lilairt7 air juvi. hilliv illelNdt- Ilav ullelntlll lof ally rn.ta re.-Inal.ly Billivip'sIrd ill pfilliiling; 1.1•I14-flla leather a plaii for pr+sgraln lira. fihrd ill y.:+aN)n 1(1+) (2) (11) llf the I Nat 6-11id'n11 At-1, late- I:,ntrr+ [air air NIL+'l,eltfarluf Mull 111aill lalll frt-s,r.l- wlllell rhuw Mat II... cuelllllltlllt-nl tat prts►Lh• aural llrlteflla in rnfurer+hle, flat the plait for prug'ratit in fimstiviall% oral*,n-1Lh•, ' -and ill at the plan air prlsrrrnl hat lacrn tumnulnirslyd in writing; tit Ir fl lit air nlrl Iwiiii. Xected, ,rote fru+rd., which A uw• 111+• a 11+la Jilt irlpatrd air Ihr arlual lust lnrtlrrvil ill pnividing wirle hrnr Gt... The• { ailliraclur join rarlt alllta uiltras toe e1e411 Illake. lit, rfii)du) incia rrvaird, with re%prrt to lw•rn.sru rinplu)rd by him upun lhr wore, r+irrred by I[ti, (Imtrart availiUr fur in- „prrliaiu h) autlair U.vil rrprvi+•nlative% air Ior Scrra'tary is( I [tasseling aml 1,elitist I Ievrh,pill vit •ihr IAIl-al 1'uhlia• .1'-rItly air l'ulhe [last[%, +tail ihr Unitrd Slalri. Drpartmrr+l +sr I.rhr.r. Su, It n prrarnlatirra shall he prrntiltell its in(rniew rful•La} rra ul like- I i•retr;,l lo.r for ail ;el+) milwontrarlair during.• ►aufl.iug; hiders un the jfill. 16. SPECIFIC COVERAGE Or CERTAIN TYPES OF WORK BY EMPLOYEES The tr+nal,airtiuKuf ntatrr'ala anal .upplir•K to air from the site fit the Prr+ject fir Propane Ike which Ill (:onlracI pertainA h) the crnplurrr%fif the twlfltractl.r air of aie stlheunlrsrinr, anal III-- manufda-luring; ur furnie.heng; of materials, article,. %11i'- ph• a, aif rlluil•eurest fill the rite t.f the Pr+ljea't air Prlirrsin tit which this C titlraet prriains by permnix einployed by Ihr. f'Am- lrartter. air Is,* arty suhculltr+cta+r, %hall, for the lot rl,s,es, or this Curilraet, Bill] withuul limiting file g onerall1% of tilt fureping pnsv6ionx of this C11111raet, he drrilled to ill- wort, to w hick thrar Federal [Asset Stantlrrd, I't•,vil.ions are applivahle. 17. INELIGIBLE SUBCO.YMACTORS - The (-Ainlrartur shill not wibcuntrart ale}• part of the work covered [by let's. Contract fir permit autscnntracted work to be further a<il,cutitractrd without the local Profiles Agrimy s or Pld.hc llody'r prior written approval of the subcontractor. Tlar La,cal Puhitt: Agency air l'ullhl: It)dv will not approve any leuhcuntractur for work arvered Iq thin Contract who is at the Dull- inrllRiblr tinder tier prusi•iwlx of and applirrl,Ic rrghllaliom isul'd by ihr. Aura lary of 1.alar. United Sl'secs Ilrpartmrnl of I Alsor, its era revC an Awaril (if such .nhratatlr;ll 1. • 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUECOMACTS - Thr (.lnlraclair +hall int-Imb- air eau., t+i he included in each mid uintract covering; any. (+f lilt work cotrrerl by 66 Cull• tract, which if, rnu•i�lrnt with lhr,t Frderal Lallor 51auJar+ll, I'MVi+idle. snel 81-1 r rlau.e triptiritig the suheun• trart+sr% to include surh pr(vm-inns in any hewer tier sithrontrit s whirl they may enter into, laig;ethrr wills. a clatsse reyuirinr nu, )I in,srrlis,n fit my furlhu suhcuntrarta thrl Ina) in tunn hr- nlalle. w 4- t- HVD1:00 '� 18-b91 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS OROVISIO;NS In jilditKut to the vanwiL for termination u( Ihia Gintrart av herrin do-•wherr w-t forth; the Local Public Agency or Public 1641) r,•. - vrs the right to turminate thin Unitrart if the Contractor air any snlmuntravtor wham iuhrontract rovrfA Am a the worm rt►v.rcd by 16. Contract shall breach any of these federal 1almir Standarrli, rrovisions. A breach of these Ved••ral Latour vtandarda Yrovihions may alma he gmundf. for drbarment as provided [ky the applicable reptaLtium i,ocd b% the tirrrrtary of labor. United dates Departmrut of lal-or. M v4M... H UO.0200 IS-Ca91 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED •'ANTI•KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO UY T1lE SECRETARY Or- LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18. U.S.C., section 874 (Replaces section I of Ilse Act of June 13, 1934 (48 Slat. 948, 40 U.S.C., see. 2101)) purslt: nt to the Act of June 25, 19411. 62 Slat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whuevrr, by force, intimitlatiun, tar [lire -at of loroctrring di-mivil from employment, or fly Ally other manner wllAt.n. rver inalures ally penaan ealphavrd in thr runrinro lieu, pruva•ruliun, rumplrtiaur ur rrl.air crf .,oy lnlLlie building. Public work.. or hullfill %air -uric (Inail rrd Ira w luale ur ire part by haaols ur cranky front kite llnitr.rl St.1CH. lot Ove up any part of the eoac- pormwtiun to which he is rolitlrd render hip rurrtrarl of rnlpluyrnent, shall lie iinril nut Inure than $5,(M or impriauned tlul mura- than fir years, ur both. SECTION 2 OF THE ACT OF JUNE I3. 1934. AS AMENDED (48 Slat. 948, 62 Slat. 862, 63 Slat. IOR. 72 Slat. 967.40 U.S.C., ace. 276e) The Secretary of Lallur shall make rewsconahic: regulations fur contractors and slrbeontractors engaged in the construction, prosecution, coral-leti,an car repair cat IMLlic husldlnKs, pluLlie w.rrks Ur harildings or works financed in whole or in part L) loans ur gsanla franc the l.rniied States, iurludnlK a pruvi-ion that each contrartnr and sulrcontraclar sflall funuxh weekly a statement with realaect lu the wagrs paid earl, cutlda,)rc during the Iarreedinb wcrk. Sertu►u 1001 of Title Ili (United StaCea Cudr) Jaall Jppf) Jar such statellrenti. a Pursuant Ica tow aforesaid Ariti•Kie khark Act, the. SrcrrW)' of Lahore United States Ikpsrtment of Labor, has promul. Vaud till rrgulatrral- laalrrinaftrr act forth, whirl; regulationa arr fuand in Title 29, Subtitle A. tdade of Federal Regollatiwls, fart .1. The tcrrn "lloii taut;' ai uaed ill the regul t6uns llrreinatter wt faith, refers 14o PJet :1 bat a1mve mentioned. Said reg- ulatuol, arr as 1a.11aawa: TITLE 29 — LABOR Subtitle A — Office of the Secretary of Labor PART 3—CONTR %CfORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS Olt GRANTS FRO%f 711L UNITED STATES • Section 3.1 Purpose and scope. Thai part prtaerila,-s "anti•kicklwck" regulations under section 2 of the Act of juue I:1. 193-1, as arnende-I (40 ll S.C. 276r), pupulJAY known JS tllr tiaprlind Act. plain part aplalit'a lu arl)_ enrltrarl whirll is snlalrct to l:rrl,-ral wtbe atarldarda and which is fur the eon,lrelelion, prosecution, completion, or repair of puhiic 1111041ings, In11.11C works or Luildings or works rirlr-rced in %)rule car in hart fly luaru rsr grantor from tlic United Stilrs. 'Nita part ill iutrud.•d w aid in the enforcement of the t111111!l11ril1 ++1�C tan;+rni.ln►n( the 11avit !!;woes Av.t and the varicut+►talutesdrafrng v.ith Frdrrrlly-a"loted ronetruclion thak culllaul imill.or ralinrnlunt wage pruvi,wu,., iarlodin6 thohe provisiona %hirh are nut suhjrct lu Ileurganiriotiun flan No. 1-t �I 4\041�rl4 UNITED STATES FIDELIT =,`.. .IARANTY t: i ulstockV paTrl YY COMPANY MAINTENANCE BOND BOND NUMBER40.-0120-11665-83-0 .l KNOW ALL MEN !Y THESE PRESENTS. That we. ALLY>aA... .S.P.R.1.UKLB.P.....C.Q a.... ................................ thereinafter called the Principal), and UNITED STATES FIDELITY AND GVAIANTY COMPANY, a Maryland corporation thereinafter called the .� Surely), are held and firmly bound unto .... = X...S?.] AFeA.C.4i............................................................................. ,I (hereinafter called the Obligee), in the full and just sum of ...TH-REE••••iltT*DR-E-D T.HI•RTY N.I'NE.... Tli-OTiZ-AUD...... ....... TWO HUNDRED THREE AND 38/100TIlS ($339,203.38) Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators. executors, successors and assigns, jointly and severally, firmly by these presuls. WHEREAS, said Principal has entered into a certain contract with the Obligee dated ......... AP..r .1....2,O,,r,,,,,19 B 3,,,,._... Bluf.f.....T..°�'....Park ....Landscape...Project ...--... Contract ....#.5.9?..................................................... which contract has been or is about to be completed and accepted. AND WHEREAS. specifications and contract provided that ......ALL.IED. SPRINKLER CO............ IidC . should guarantee the project free from detects caused by faulty workmanship and materials for a period of ONE years, general wear and tear excepted. NOW. THEREFORE, it the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of ONE years, then Ibis obligation shall be null and void; otherwise to remain in full force and effect. iSigned, sealed and delivered.....��?18.4................................. �� Witness as to .............Tl l�. f'!�Lhk c. ...�a .... �...............(seal) I Principal oe�v ........ .......................................(Seal) , APPF�O';FD A5 TO gQRRE i GAIL1W7T'N...................................................................................................................(Seat) City Atto—=0Y UNITED STATES FIDELITY AND GUARANTY COMPANY =a ............ y ✓ r..r. ...... Les M Mantle — Atlorney-rn-fact r �� B e yDeputy City Att0rlae7�_:•+. .r�+ __-!r Contract 270 (8.70) STATE OF CALIFORNIA ss. COUNTY OF l_r'1 On this day of ort , In the year 19.11L before me, the undersigned. a Nota4 Public In and for said State, personalty appeared personally known to me I+t ' OFFICIAL MEN (or proved to me on the basis o satisfactory evidence) to be the person who executed the W PL Ct.LE14 within Instrument on behalf of the Corporation therein named. and acknowledged to me that ;✓ ORA►ME COUNTY kr C*ft'L &Pk-, An 19, 19e6 the Corporation executed ft. WITNESS my hand and official seal. ACKHMEOCIANT_CmWam-WUYtaltI WM rrr.A-X-%w. 5.9 Notary Public In and for said State. cl9e2 IVACO"& INC ATTORNEY IN-FAM AFFIDA STATE OF CALIFORNIA, SS. COUNTY OF ... lFANGE_. � AUC(A C. QLGON KTARV PURIC „A11FOANIA FRINCIPP %FICt 1"1 0:1-NNGf C01I-1TY My Car-tmisslon Expires Sept. 6, 1985 On this -__...--.-_ day of _...., in the year .__ efore me 6 t h ......_AJp r i 1----------------- Alicia C. O lg u i n---a N o t a xy _- P u b t i c personally appeared ---------------- ._... - ------ 'officer) -...� - (here imsert the name and quality of the officer) .--- --------------- -------- ------_-T+-e�.�l-.__Mande_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as attorney in fact on behalf of the corporation therein named and e.eknowledged to me that the corporation executed it. Given under my hand and seal this ------ -h.___ day of .Ap.r 1---- __......._ -OF PU-bIie 1►iy Commission expires _ 7ud.999 (7-e2) Calif. �'.. �� N.b14.1 DPI y REQUEST FOR CITY COUNCIIL ACTION Date February 1, 1984 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Tharpson, City Pftinistratcr COK Prepared by: Paul E. Cook, Director of Public Works��- APPRED OVBY CITY COUNCIL Z 1(74 Subject: Bluff Top Landscaping Project -Phase I; CC 597 CITY CL Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STAM= OF ISSUE: Allied Sprinkler has completed landscaping the bluffs along Pa ific Coast Highway between Ninth and Goldenwest Streets. RDM-24_ A CVS: Accept the completed work and authorize the City Clerk to file the Notice of Completion. 2. Authorize the Chief of Administrative Services to withhold $5,300 liquidated damages from retention marries due the contractor. AN- =IS: Ong 18, 1983, the City Council awarded a contract to Allied Sprinkler for the construction of landscape i:provements along the bluffs between Ninth and Goldenwest Streets. These imprmvnents are now complete and, therefore, the Director of Public Works recam. ends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a sun-ary of actual contract costs: Council Approved Actual_ Expenditures Construction Contract: $339,201.00 $351,987.59* Construction Contingencies: 33,920.00 17,447.58** Total: $373,121.00 $359,435.17*** *Actual field quantities for asphalt paving, safety railing, and import sand were greater than estknated. **Construction change orders included: removing abandoned drainage grates, addi- tional clearing and grubbing at Ninth Street (i.e., portion of site not included in contract), constructing a temporary beach access stairway at Fourteenth Street, in- creasing (per manufacturer's reeanr.�endations) the thickness of the concrete pads supporting the picnic tables, relocating fifty pairs of General Telephone cables, and installing a drainage system for a low spot in the bike trail at Twelfth Street. ***This total does not reflect withholding liquidated darnages of $5,300.00. Change Order No. 21 extended the contract completion date to December 7, 1983; however, because of excessive delays in obtaining the palm trees and import soil, the con- tractor could not complete the project until January 29, 1984. Staff has reviewed the reasons for the delay in obtaining the trees and soil and cannot justify addi- tional contract time; therefore, the Director of Public Works reco n:iends that the contractor be assessed liquidated damages of $100/day for the 53 day delay or a total of $5,300.00. PIO 4181 Request for Council Action Bluff Zbp Landscaping Project -Phase I; CC 597 February 1, 1984 Page 2 FUMIM SOURCE: N A. Budgeted. ALTERNATIVE ACTIONS: Deny au izati.on to withhold $5,300 in liquidated damages and refund all or a portion of the $5,300.00. CWT: PEC: DM1: jy CERTIFIED COPY GENERAL POWER OF ATTORNEY • No....... 9 82.1 ..................... Know all,flen by these Presents: That UNITED STATES FIDELITY AND GUARANTY C011PANY, a corporation organized and existing under the laws of the State of Maryland. and having its principal office at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint Les M. Mantle of the City of Fullerton ,State of California its true and lawful attorney 7tltlC3flti X*0Cjt=XXkX for the following purposes, In wit: To sign its name as surety to, and to execute, seat and acknowled;e any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directort of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors. hereby ratifies and imnfirmt all and whatsr.ever the said Les M. Mantle may lawfully do in the premise+ by virtue of these presents. In Witness Whereo/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused ibis instrument to be sealed with its corporate seal. duly attested by the signatures of its VicesPreaident and Assistant Secretary, this 26th day of August • A. D. 19 83 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) ay,,,,,, Cecil.................Estes................................. Vice-president. (SEAL) (Signed) ......R.AY...x.,,Britt............................ Assistant Secretary. STATE OF MARYLAND. ) 3 ss: BALTIMORE CITY, On this 2 6 t h day of August , A. D. 198 3 , before me personally came Cecil E . Estes , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. Britt . Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said that they, the said Cecil E . Estes and Ray H. Britt were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they inch knew the seal of said corporation; that the seal alfix"i to Paid Power of Attorney was such corporate seal. that it was so fix.�bs order of the Board of Directors of said corporation. and that they signed their names thereto by like order as Vice -President _ and•Assistant S cretsry, respectively, of the Company. biy eo!rtt�nssion expires the first day in July. A. D. 19.86 . Margaret M. Hurst (Sig:led)........................................................ Notary Public. STATE'OF,.1fARYLAND Sct. —•B.1LTI1f0RE CITY, L Saundra E . Banks Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst . Esquire, before whom the annexed affidavits were made. and who has thereto subscribed his same, was at the time of so doing a Notary Public of the State of :Iaryland, in and for the City of Baltimore, duly commission+d and sworn and authorized by law to administer oaths and take acknowledgment. or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary. and verily believe the signature to be his genuine signature. In Trallnson7 JlFherrol, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this Q ( t h day of August , A. D. 19 8 3 (SEAL) (Signed) Saundra E. Banks Clerk o/ the Circuit Court for Balwnore City. FS 3 (1•83) �''+ COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland. and in the Territories of the United States and In the Provinces and territories of Canada; Therefore, be it Reaolssd, that this Company do, and it hereby does, authorize and empower its President or either of its dice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persona as attorney or sttorneys•in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts gusrinieeing, the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance -policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allo.redind'� �r- _ Afso, to �ta name and as its attorney or attorneys —in —fact, or agent or agents to execute and guarantee the conditions of any and all bondi, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same. which are or may by law. municipal or oth"ise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, mu ictpaj�or otherwise, be allowed, required or permitted to be executed, made. taken, given, tendered, accepted, filed or recorded for the security or protection of. by or for any person or persons, corporation, body. once, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond. recognizance6 obligation, stipulation, oe undertaking, or anything in the nature of either of the same. 1, George R . Downer , an Assistant Secretary of the UNITED STATES FMELi1Y AND GUARANTY COMPANY, do hereby certify that the foregoing is a full. true and correct copy of the original power of attorney given by sand Company to Les M . Mantle of Fullerton, California , authorizing and empowering him to sips bonds as therein eft forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursusace of a resolution sdopta& at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of .4ovember,198L at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPA.YY on Cy— Assistant Secretary. 1* CITY OF Huive NIGT®IV BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536-5431 BLUFF TOP LANDSCAPE PROJECT CITY OF HUNTINGTON BEACH CC 597 - ADDENDUM N0. 3 MARCH 16, 1983 Notice to' alb. Bidders: The following revisions and additions shall be Made to the bid docu- ments: 1. The costs for relocating the pipe railing, as noted on Sheet L-5, shall be included in the lump su-n price of Base Bid Item #2, "Clearing & Grubbing." 2. The costs for placing horizontal railroad ties, as noted on Sheet L-5, shall be included in the per cubic yard price of Base Bid Item #3, "Earthdork." 3. Mainline piping, for irrigation shown on Sheet L-11, shall be 3" in diameter and not 2 inches and 2 1/2 inches in diameter as shown. (See Addendum #2 for changes in irrigation plan.) 4. The note stating "New 3" A.C. over 6" A.C. sand base (See Spec)" on tbe-Yike trail construction drawing of Sheet L-5 shall be omitted. Bike trail shall be reconstructed according to details 5A/L-9 and 5B/L-9 as indicated. You are requested to acknowledge the receipt of this addendum below and return a copy of this addendum with your bid proposal. f___V1errul.�ro s, Pa 1 E. Cook Director of Public Works PEC:DRN:jy This is to acknowledge receipt and review of Addendum No. 3 dated March 16, 1983. It is -understood that the revision of new documents shall be included in the bid documents. Company o B . . 3/a//093 ' + BID SUMMARY SHEET X�?"IdzleAz may- y �3 A March 22, 1983 :,:ia[•..EF.'S ESTIMATE: $308,000 3 AND CC NUMBER: Bluff Top Landscaping; CC-597 )DERS NAME TOTAL BID 1ILMOUNT :� 3`j ?�7 3.3$ 1) ,r 879. t �' Ilied+Sprinkler 1 �S,/6I.9S� 3) y� �/, 3 3 p'. 27 /3,YS7. le 63, 3%C�7 rtistic Landscape arlson Landscaping k?,01 54,44-;�, T! 1) All yesq. air om Downey Const. Co. 4 y2 i37. gS 3) 390037 y 5 Y) 1� y28 to nvironments West, Inc. 00, 15; 3 r&. 7 e. .J.x. Western Contractors) 3 j, 3t,o . s'S- 3) s.Y, 7 33. 04w 44)W,1110.701 •� ;kg, 349. yv 01do m-.oerial Landscape i I a 1 'ZV7, Z 0 F1) 23, a rr2 . k1 n.3ustrial Turf, Inc. a) 32 S-3 .Pr '3) 9 31, 5 sy. 33 /r 44 S? �7 31, rkl.go a-vaiA Enterprises, Inc.,2n qa1 -3) W,, 9 F 9 3r 5 p arleskint - Crum, Inc. 4-�C1 Q-S� f� do r 4 1} �s�• a, a to Landscape 38' 3'1 3 I,'Iiq. yo arina Landscape 'athis Const., Inc. A 31 ¢3, S-p ZS; hoenix Landscape, Inc. Y� �1 X4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HI�TWGTQN /F+►CH To Charles W. Thompson From Dan T. Villella City Administrator Acting Chief of Administrative Services Subject Requested Funding for B1 ufftop Date April 14, 1983 Landscape Project FIR 1 83-43 In response to the Directors of the Community Services, Public Works and Business and Industrial Enterprise Departments, a Finalzial Impact Report has been prepared and submitted relative to the requested funding for the Blufftop Landscape Project. It has been estimated that an appropriation of $373,121 would be sufficient to fund this venture. An affirmative response by the City Council will reduce the General Fund donation account titled "Donation Blufftop Beautification (A259) to zero, the unappropriated fund balance in the Redevelopment Agency Fund to $140,045, and the unallocated balance in the 58821 Bike Trail grant to $125,713. The Park Acquisition and Development Fund has a previously approved appropriation of $27,000 for this project. This would leave a balance of $183,906 to be appropriated. This could be accomplished by rescheduling previously approved projects for the Park Acquisition and Development Fur.d or using the unappropriated fund balance in the General Fund which would be reduced to $1,124,039. At the completion of the project, the County of Orange has agreed to reimburse the City $100,000 for this project. DTV/AR/cg Y Dan T. Villelia Acting Chief of Administrative Services P'l/ �+ BID SUMMAF.Y SKEET P 2 jaTE: March 22, 1983 ENGINEER'S ESTIMATE: KJB AND CC NUMBER: Bluff Top Landscape; CC - ,597 ' I F� +IDDERS NAME TOTAL BID AMOUNT Steiny & Co. Terra Cal Const. 3�G� (off] �, 3 S j �Q4;' got. L"01A,99� Thomsen Landscape ' 7,racy & Haigh Landscape Valley Crest Landscape.2) 311,LU.5p y1iy i9o, ds. TV 740, i CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Project Name Bl� Landsca2e-Project Cescription Requested funding for this project._ 1. DIRECT PROJECT COSTS 1.1 One -Time Costs an Acquisition Construction Furn., Mill - ties E ui ment Other Total Cost 373,121 373,121 1.2 Recurring Annual Costs Payroll - Additional Personnel Materials a Out -side Supplies Services Revenues Total Cost 1.3 Replacement/Renewal Costs N/A 2. INDIRECT COSTS - toss of interest earnin ca ability due to expenditure of funds. Financial Impact Report Page. 2 3. NON -DOLLAR COSTS N/A k. BENEFITS TO BE DERIVED FROM THE PROJECT Approval of this appropriation will allow for the timely commencement of the project negating the potential of increased bid costs if additional delays are encountered. 5. PROJECT USAGE 6. EXPENDITURE TIMING Subsequent to City Council approval and staggered over duration of project. 7. COST OF NOT IMPLEMENTING THE PROJECT µ Status quo will prevail or City may opt for -one of the alternative actions as noted In the RCA. rN THE Superior Court OFTHE STATE OF CALIFORNU In and for the County of Orange CITY OF HUNTINGTON BEACH CITY CLERK BIDS State of California ) } County of Orange ) APRIL L. ELLIOTT That I am and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that I am not a party to, nor interested in the abtme entitled matter. that 1 am the principal clerk of the printer of the HUNTINGTON BEACH IND. REVIEW a newspaper of general circulation, published in the City of HUNTINGTON BEACH County of Orange and which newspaper is publiahed for the disemination of local news and intelligence of a general charac- ter, and which newspaper at all times herein mentioned had and atilt has a bona ride subscription list of paying subscribers, and which newspaper has been established, printed and pub- lished at regular intervals in the said County of Orange for a period exceeding one year•, that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper, and not in any supplement thereof, on the following dates, to wit: MAR. 3+ 10+ 179 1983 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at..... GARDEN_.GROVE..................... California, this . Z 8 t N,y of ...MAR • 19 ... 8 3 April L. El liott 2 Form No. POP M, S?1 r Lot 29 of Tract No. 9924, in the City P. Hunk' u Beac -County of O. f 'rate of California, as per map rem e,4 I, Book 431, Page(.) 22 and 23, Miscal- meoua Maps, in. the office of the County i decorder of said County. EXCEPTING THEREFROM all oil, gas, minerals and other hydrororbon sub- stances lying below a depth of 500 feet from the surface of said Property, but with no right of surface entry, as reserved) in instrument of record. PARCEL2: An easement for the use and enjoy- ment of the Common Area. being Lot 46 of. said Tract No. 9924, referred to in Parcel 1 above, as set forth in the Decla- ration of Covenants, Conditions and Re- etrlctiom recorded in book 12914 page 929 at seq. of Official Records of �eaage County, California YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED JULY 21, 1980. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY; IT +'MAY' BE SOLD AT A PUBLIC SALE IF YOU NEED AN EXPLANATION OF ? THE NATURE OF THE. PROCEEDING AGAINST -YOU, YOU SHOULD CON- TACT A LAWYER. 16071 Crete Lane, Huntington Beach, CA 92649. "(If a street address or common deeig- nation of property is shown above, no warranty is given m to its completeness or correctness)." The beneficiary under said Dead of Trust, by racoon of a breech or default in the obligations secured there. by, heretofore executed and delivered to the undersigned a written Declaration of', i Default and Demand for Sale, and written notice of breach and of election to cause the undersigned to oil] said property to satisfy said obligations', and thereafter the undersigned caused said notice of breach end of election to be recorded November 4, 1982 as Instr. No. 82-388593 In Book- -, page of Official Records of Orange County; Said sale will be made, but without covenant or warranty, express or implied, regarding title possession, or encum- brances, to pay the remaining pprince eum of the note(s) secured by saki d of Trust, with interest as in said note pro- vided, advances, if any, under the terms of said Dead of Trust, fees; chargos-and expenses of the Trustee and of the trusts created by said Deed of Trust. Said sale will be held on: Thursday, March 17,1983, at 2:00 p.m., at the Chap- man Avenue entrance to the Civic Center Building, 300 East Chapman Ave., Orange, CA. At the time of the initial publication of this notice, the total amount of the unpaid balance of the obligations secured by the above described dead of trust and estimated coats, expenses, and advances if $18,523.47. The opening bid may be obtained by tall. , 714)937 0988 the day before the we. Date: February 16,1983 GATEWAY MORTGAGE CORP. as said Trustee By. T.D. SERVICE COMPANY,agent By. Vicki J. Hopkins Ass, Secretary One City Blvd. West Orange, CA 92668 714-835.8288 Pub. Feb. 24, Mar. 3, 10, 1983 „A'r- LEGAL DESCRIPTION OF THE A leasehold interest in and to apartment Unit No. 206 and Restricted Common Areas F46, 5-76, D=206/207/210 in the Huntmgton Pacific Beach House Cooper- ative Apartment Project ("Project"), Iuant to a Proprietary Lease between Huntington Pacific Beach House Associa- tion as Leaser, and a Predeteseor-in- interest of Buyer, as Leasee, a Memoran- dum of which was originally recorded on A t 13, 1978, as Instrument No. -, in Book 17i99, Pegg Ir 4 at. eeq in Official Records of ))range County, Celi- fornia. Said Imsehold interest was sa- signed to Buyer by a Memorandum of Assignment of Esistmg Lesse Dated Au- gust 4,1978, between Steven B. Goldman, and Darlene J. Goldman, as assignor, and Buyer as assignee which Memorandum of An''gnmant of Lease is recorded eonciu- rently herewith. The plocation of the Unit end Restricted Commmon Areas in the Project are more partiadarly de- scribed ld the Project Plan recorded as Exhibit "TWO"' to the certain form of Proprietary Lease for the Project recorded on June 27, 1978, as Instrument No. 38927, in Book 12734, pages 1041 at. seq., of Official Records of Orange County, California rho real property compriainrq the profit, a more perticu- larly described as follow+: Lot No. 1 of Tract No. 8623, as shown on a Subdivision Map, recorded in Book 418, Pages 31 W 33, inclusive, of Miami- laneoua Maps, in the Office of the Orange County Recorder. The street address and other common designation, if any, of the real property described above if purported to be: 711 Ocean Avenue, Unit 206, Huntington Beach, CA. The undersigned Trustee disclaims any liability for any inmrtectnesa of the street address and other common desig- nation, if any, shown heroin. Said We will 'be'made, but without covenant or warranty, express or implied, regarding title Ion or encvm- brancee, to pay a remaining principal sum of the note(s) secured by said Deed of Trust,, with interest thereon, as pro- vided in said note(s), advances, if any, under the terms of said Dead of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Dead of Trust. The total amount of the unpaid bal- ance of the oration secured by the property to be sold and •'ramonable esti- mated costa, expenses and advances at the time of the initial publication of the Notice of Sale is f97,142-36. The beneficiary under said Deed of Trust heretofore executed and delivered to the underargned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The and ceused said Notice of Default and election to Sell to be recorded in the county where the real property is located. Date: February 14,19M EXCHANGE. TITLEHOLD- ERS, INCORPORATED a California Corp. - as said Trustee 19818 Brookhurst St Fountain Valley, CA 92708 1-714/963-5226 By: Elizabeth Berber Pub. Feb. 24, Mar. 3,10,1983 Hunt. Beach Ind. Rev. #33329 Ivnve uaijcnuea as foLl - . , - -- Lot 34 of Tract No. 9100, in the City �d Fountain Valley, County of State of California, as per map recorded n book 374, pages 44 to 46, inclusive, of ,lfisoellaneoue Mope, in the office of the .ounty Recorder of said County. i The street address or other common lesignation of the real property herein - love described is purported to be: 17927 J'oiyabe Circle, Fountain Valley, Califor-' Is The undersigned hereby disclaims all ability for any incorrectness in said treat address or other common designa- .ion. . Said sale will be made without war- anty, express or implied, regarding title, aaseseion, or, encumbrances, to satisfy he principal balance of the Note or oher :bligation secured by said Deed of Trust, vith interest and other sums as provided 'herein; plus advances if any, under the, arms thereof and interest on such ad- 'ances, and plus fees, charges and :penes of the Tnistm and of the trusts rested by said Dead of Trust. The total :mount of said obligation, iaelud�ng easonably estimated €ees charges and xpenees of the Trustee, at the time of nitiel publication of this Notice, is $93,- '39.81. Dated: February 10„1983 REALES ATE SECURITIES SERVICE a California Corp. as Trustee By.. (SEAL)D.J. MORGER its President 2020 N. Broadway Suite 206 Santa Ana, CA 92706 (714)953010 'ub. Feb. 17, 24, Mar. 3,1983 NOTICE OF TRUSTEE'S BALE Lan No. RAY r.e. No. F-02607 UNIT CODE F GATEWAY MORTGAGE CORPO- RATION as duly appointed Trustee urider the following described deed of ,trust WILL SELL AT PUBLIC AUC- XION TO THE HIGHEST BIDDER FOR CASH AND/OR THE CASHIERS OR CERTIFIED CHECKS SPECIFIED (IN CIVIL CODE SECTION 2924h (pey- iable at time of sale in lawful money of the ,United States) all right, title and Interest conveyed to and now held by it under said Deed of Trust in the property hereinafter recorded August 8, 1980, as Instr. %32 In Book 13693 page 1815 of Ofi Records in the office of the Reoordi Drange County; said deed of that wribes the followin¢ nronertr. LEGAL NOTICE ORDINANCE NO.2805 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE H N'1'INGTON BEACH ORDINANCE CODE BY 'AMENDING SECTION MI THEREOF AND DWMCT MAP U TO INCORPORATE 'HUNTINGTON BAR- 'BOR BAY CLUB SPECHRC PLAN (ZONE CASE NO.82-18r'(Copy on file in the City Clerk's Office) SYNOPSIS: Ordinance No. 2605 amends District Map No. 34, S. 9061; changing the zoning on teal property located north of Warner Avenue between Sceptre and Edgewater; Lanes from ROS, (Recreation Open Space) and Rl, (Low Density Residential District) to Huntington Harbor Bay Club Specific Plan: ADOPTED by the City Council of the City of Huntington Beach at a rWAar in t'ug held Tuesday, February 22,1983, by the fallowing roll call vote: . AYES: Councilmen: PaWason, Mae - Allister, . Mandic, Kelly NOES; Councilmen: Thomas, Finley, Bailey ABSENT: Councilmen: None CITY OF HUNTINGTON BEACH Alicia M. Wentworth City Clerk Pub. March 3,1983 Hunt. Beach Ind. Rev. #33363 NOTICE OF TRUSTEE'S SALE T.S. No. F-8267 NOTICE ; YOU -AIRE IN. -DEFAULT. UNDER A DEED OF TRUST, DATED'Jme IS, 1979. UNLESS YOU TAKE ACTION TO PRO- TECT YOUR PROPERTY, IT MAY BE SOLD ,AT A PUBLIC BALK AF YOU NEED AN EXPLANATION OF THIN NA- TURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAW - On Match 18, 1983, at 9:15 A.M., EX- CHANGE TITLEHOLDERS, INC., A California Corporation as duly app . ted Trustea.under,sud;pursuant to Deed of Trust recorded,August 2, 1979, as inst. No. 3067, in book 13254, page 1527, of Official Records in the office of the County Recorder of Orange County, State of California. Executed George Freder- ick Schmidt and P ggy� Schmidt, hus- band and wife WIIJ SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH (payable at time of We in lawful money of the United States) at the front entrance to the old Orange County Court- house, located on Santa Ana Blvd., between Sycamore SL,/• & Broadway, Santa Ara, Calif. all right, title and inter- est conepad to and now held by it under said Deed of Trust in the property situ- ated in said County and State described bi nl ip Ti Ti Di FI BID SUMMARY SHEET DATE: March 22, 1983 CNGINCEWS ESTIMATE: $308,000 JO.3 AND CC NUMBER: B3uf_9 Top Landscaping; CC-597 13IDOERS NAME TOTAL BID 2010UNT tr 3) 21, 33P'. 27 Allied Sprinkler 21 aS,IL/, 9S� y� 13, yS7. 1P' 63� 3 %�. a7 ,Z� Artistic Landscape Carlson Landscaping f) 71,yu9. 3fr 3) 39,037 yy �' Tom Downey Const. Co. 33 � �i2 8'37. QS r!) 1�. Y28',4a � 3 �y� Environments Fest. Inc. �) /$; 34 V, 933. 01 H.J.H. Western ContractorA)31,3a0.5'.r 4)IS1-.6io.70j i1cndo Imperial Landscape Industrial Turf, Inc. " .?2 �3y.sr1 /r yyb' v 'Id G' �}y�• Javaid Enterprises, Inc.2 90j y} Iy,i9v.10 ��7' Sray' Karleskint - Crum. Inc. /) -4V 0 r-,^ rf � 3) 31, Ka -o Landscape �) 3�, 373. Hj '2v ?c�ly0 11a3-ina Landscape 1�IS�ySP. pg Mathis Const. , Inc. � 3/ F 3. SD y 17 16 N. Phoenix. Landscape, Inc. I BID SUMMARY SHEET page 2 DATE: March 22, 1983 ENGINEER'S ESTIMATE: JOB AND CC NUMBER: BXuf f Top Landscape; CC 597 BIDDERS NAME TOTAL BID AMOUNT Steiny & Co. Terra Cal Const . � .� �$�� Gp a' A 5,;,9o/ s-��i;9l t Thomsen Landscape Tracy & Haigh Landscape 21, 7w9. G Y Valley Crest Landscape ��y�L�� S� 3) ZY9 S77 7-f y� ago• NOTICE INVITING SEALED 41DS CC-597 Notice is hereby given that the City Council of the City of Huntington Brach, California, will received sealed bids for the construction of Bluff Top Land- scape Project in the City of Huntington Beach, California, in accordance with ' the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on February 23, 1983. A Charge of $30.00, not refundable, wiLl be required for each set of specifications .and acczmpanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE BASE' BID Approximate Work Item quantity 1. Mobilization Lump Sum 2. Clearing and Grubbing (See Section 9) Lump Sum 3. Earthwork (See Section 10) 3,500 CY 4. Asphalt paving 14,000 SF 5. Concrete mow strip 1,600 LF 6. Safety Railing _ 2,600 LF 7. Project Identification Sign 4 ea. 8. Stationary Benches 9 ea. 9. Picnic table/benches 7 ea..- 10. Trash receptacles 9 ea.• 11. Wood Bollards 725 LF 12. Wood Bollard with Chain 62 ea. 13. Street Light Conduit 620 LF 14. Concrete Pads for Picnic table/benches 560 SF 15. 2" Water Service 2 ea. 16. Irrigation System 125,275 SF 17. Soil Preparaticn L25,275 SF 18. 25' High Palms 10 ea. 19. 23' Higl�Palms 10 ea. 20. 20' High Palms 9 ea. 21. 18'.High Palms 11 ea. 22. 15' High Palms 32.ea. 23. 12' High Palms 29 ea. 24. 10' High Palms 9 ea. 25. 8' High Palms 10 ea. 26. 15 Cal. Shrubs 80 ea. 27. 5 Cal. Shrubs 151 ea. , 28. 1 Cal. Shrubs 93 ea. 29. Cround Cover 10,120 SF 30. Stolonized Turf 113,755 SF 3L. 30 Day Plant Establishment Period Lump Sum 32. 60 flay .Maintenance Period Lump Sum -Vo 33. Tsar aazy Construction Fencing Lure Sum 34. Icrported Soil 4 000 CY 4�7� N-1 c ALTERNATE HID h'0. 1 !-:ork Item 1. Irrigation System 2. Soil preparation 3. 25' High Palms 4. 23' High Palms 5. 20' Iiigh Palms 6. 18' High Palms 7. 15' Itigh Palms 8. 12' High Palms 9. • 10' High Palms 10. 8' High Palms 11. 5 Cal. Shrubs 12. 1 Cal. Shrubs 13. Crou rd Cover 14. Stolonized Turf 15. 30 Day Plant Establishment Period 16. 60 Day 'Maintenance Period ALTERNATE BID NO, 2 Work Item 1. Irrigation System 2. Soil Preparation 3. 25' High Palms 4. • 23' High Palms 5. 20' High Palms 4. 18' HigH Palms 7. 15' High Palms 8. 12' High Palms 9. 10' High Palms 10. 8' High Palms 11. Ground Cover 12. Stolonized Turf 13. 30 Day Plant Establishment Period 14. 60 Day Maintenance Period ,Xpproximau Quantity 15,090 SF 15,090 SF 2 ea. 2 ea. 3 ea. 1 ea. 8 ea. 7 ea. 6 ea. 3 ea. 58 ea. 103 ea. 4,125 SF 10,865 SF Lump Sun Lump Sun Approximate Quantity 48,100 SF 48,100 SF 5 ea. 5 ea. 4 ea. 4 ea. 10 ea. 9 ea. 5 ea. 4 e3. 950 SF 47,150 SF Lump Sum Lump, Su+a N-2 ALTEMTE BID NO. 3 Approxirrate Work Item Ouantity 1. Irrigation System 39,185 SF, 2. Soil Preparation 39,185 SF 3. 25' High Palms 3 ea. 4. 23' High Palms 2 ea. 5. 20' High Palms 3 ea. 6. 18' High Palms 5 ea. 7. 15' High Palms 9 ea. 8. 12' High Palms 9 ea. 9. 10' High Palms 1 ea. 10. 8' High Palms 2 ea. 11. Ground Cover 4,860 S^ 12. Stolonized Turf 34,725 SF 13. 30 Day Plant Establishment Period lArp Staa 14. 60 Day Maintenzin a Period Lta;tp Stan ALTEFC= BID NO. 4 Approximate Work Iten Quantity 1. Irrigation System 39,970 SF 7. Soil Preparation 39,970 SF 3. Stolonized Turf 39,970 SF 4. 30 Day Plant Establishment Period D rp Stan 5. 60 Day Maintenance Period Urp Sun This project is being assisted by the United States of America. 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. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determirations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Minimum. wage rates for this project are predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the United States Secretary of Labor and the prevailing wage rates determined by the State for similar classifications of labor, the contractor and his sub- contractors shall pay not less than the higher wage rate. Plans and specifications, together with proposal form, ray be obtained _at the office of the Director of Public Works, City Hall, Huntington Beach, California. N-3 No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications for full directions as to the bidding. The above quantities are approximate only, being given on as a basis for the cat7parison of bids, and the city of Huntington Beach does not express or by im- plications agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be caipared on the basis of the Director of Public Works estimate of the quantities of work to be done. The substitution of securities for any money withheld by the City, to ensure performs, shall be permitted in accordance with the provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, De-velopment. Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 p.m. on March 22, 1983, and shall be opened by a committee ecrPosed of the City Clerk, the City Attorney and Director of Public Works or their auth- orized representative and the results of said bidding will be reported to the City Council of'said City of Huntington Beach at their regular meeting to be held on Mornay, the 4th of April, 1983, at the hour of 7:30 p.m. in the City Council Chaabers in the Civic Center of said City of Huntington Beach,'and shall be acted upon by said City Council at the regular reet.ing of April 4, 1983. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California, this 22nd day of February,. 1983. MTES'T: Alicia Wentworth City Clerk 10r NA Submitted to: Submitted by: Prepared by: Subject: REQUEST FOR CITY COUNCIL. ACTION Date February 14, 1983 Honorable Mayor and City Council T C. W. fin, City Administra .PR t; v r• • 'r r •"Ty COUNCIL Paul E. Cook, Director of Public Wor s 4p Jim Palin, Director of Development xv ce o' Blufftop Landscape Project; CC 597 C[TY&LK Statement of Issue, Recommendation, Analysis. -Funding Source. Alternative Actions, Attachments: STATEMENT OF ISSUE: Plans and specifications for the landscaping of the blufftops along Pacific Coast Highway, bebaeen 9th and Coldenwest Streets, have been completed by Presburger and Associates as authorized by the City Coxmcil on November 15, 1982. 1. Approve the plans and specifications for the blufftop landscaping project and authorize staff to adhvrtise for construction bids. 2. Authorize a $4,500 increase in architectural fees, thereby changing the limit of payment from $18,500 to $23,000. 3. Approve a transfer of pipeline agreement with Pn=* it U.S.A., Inc. (see Exhibit "A"). 4. Approve the attached vmaterline easement with the Huntington Beach Co. for a pipeline that transverses their property (see Exhibit "B"). 5. Approve an appropriation of $126,000 fran the general fund to Finance, in part, the construction of the blufftop landscaping i-nprovements. AII,YSIS i:N7-conceptual plan fcr the development of landscaping along the blufftop5, between 9th and Goldenwest Streets, was approved by the City Council on Novamber 15, 1982. Subsequent to this approval, final plans and specifications were prepared by the architect and reviewed by the State Department of Parks and Recreation, the Environ- mental Management Agency of Orange County, Chevron Oil Company and Aminoil, U.S.A. 2. The architectural fee of $18,500 for Presburger and Associates was based on a preliminary project cost estimate of $200,000. However, the calculated cost break- down for the approved can:eptual plan totals $308,000 plus construction contingencies. Therefore, the architect has requested an additional. $4,500 for architectural services. Staff has reviewed this petition, in light of the proposed project cost differential, and recommends approval of the request, thereby increasing the limit of payment to Presburger and Associates from $18,500 to $231.000. 3. AnAmii, U.S.A. has offered to transfer ard donate to the City a pipeline, as graph- ically illustrated in Exhibit "A", that will be an integral part of the irrigation system for the landscaping along the bluffs. ib%vver, the pipeline transverses property awned by the Huntington Beach Company; therefore, we requested an easement as included herein (see Exhibit "B"). ti� V ReqUest for Council Action Blufftop Landscape Project; CC 597 February 14, 1983 Page 2 4. The conceptual plan for improving the bluffs along Pacific Coast Highway consists of several phases. Phase one, which includes five alternate bid items, is limited to landscaping needs, protective guard rails along the.bluff line, park benches and walkways; while later phases, not included herein, rake provisions for the completion of the parkway adjacent to Pacific Coast Highway, additional landscaping and accessways on -site parking, and the stabilization of existing bluff lines. The estimated cost for phase one on construction is $308,035 (see Exhibit "C"). Based cn audit of avail- able funding, these is a revenue shortfall of approximately $126,162.43. This short- fall is based on the following data: . Project Cost Base Bid Alternate Bid No. One Alternate Bid M. Two Alternate Bid No. Three Alternate Bid No. Fou~ Alternate Bid No. Five Construction Contingencies: $211,232.00 26,171.00 32,713.00 26,101.00 17,318.00 4,500.00 Subtotal: $308,035.00 30,603.00 Subtotal: $338,838.00 Additional Architect Fees: 4,500.00 .Total.: $343,338.00 Available funding Anticipated Orange Co. Contribution: $100,000.00 Public Donations (now in hand): 81,175.57 Park Acquisition & Dm-. Funds: 319500.00 Total: $212,675.57 Revenue Shortfall: $126,162.43 f This revenue shortfall could be offset with the following -fund appropriations: 1. Senate Bill 821 (Bike Funds): $ 44,000.00 2. Downtown Rede-mloiment Funds: 82,162.43 Total: $126,162.43 1. Approve the construction of phase one only. 2. Approve the construction of phase one and any number of additional phases. 3. Reject the construct%:: of all phases and delay canmencemnt of project until sufficient funds are available. 1. it "A" - Transfer of Pipeline Agreement 2. Exhibit "B" - Waterline Easement 3. and ibit "C" - Construction Costs (Architect's Estimate) 4. F.I.R. nLr. T».nn...-4.. U.S.A Y tt U IN., AMD URBAN DIV1,0POENT COMMUNiTT DEtr[LO►MENT OLOCK GRANT PROGRAM CONTRACTOR'S CER711tICAT10N CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREtwENU , 1rgw pr..rue R:. �L,. wN• C/0 . 1. The undersigned, harins executed a contract with DATE ►wojecr "uraen 1rf r-1t1 e04iscr Kart for the construction of Ohs above-adenttfted project, aciaowledges that: (a) The Labor Standards provisions are included in the ajoresaW contract, (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. He Carrilies Owt: (a) Keither I» sor any firm, partnership of association in which he has substantial interval is designated as an Ineligible contractor by the Comptroller General of the United States pursuant to Section SA(b) of the Regulations of the Secretary e( Libor, Part S (_"q CFX. ra►r 51 or pursuant to Section 3(a) of the Davis -Bacon Act, as amended 120 1 XC. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub- contractor or say firm. corporation, partnership or association in which such subcontractor has a substantial interest is designated as an Ineligible contractor purseentto may of the aforementioned regulatory or statalory "isiotts. 3. Ile agrees to obtain and forward to the aforementioned recipient within ten days altar the execution of any subcontract including those executed by his subcontractors Rod any lower tier subcontractors, a Subcontractor's CestrftCatron Conceeniag Labor Stssdardt and Ptevsiling Wage Requiretsenis executed by the subcontractors. _L He Cewiftes rhat: el he iepl =ae sad rho krieeu sdtksst a ;it eaden4ned err. a: tin A s4%QLe PwOan+eTORxwta i tsi A CGROGRATtom GAGAr1=90 ttr eMe ss ATa of w�Awswswsttt• tat OTw[n6wGAwtx►TtOwtU+•erta.• NUO-16=1 to-r3• la (d) The saros eed addresses of off other Aeneas, hatA nalwel end co"reto, having a subsionl.al Interest to tka vadorsigned, *Ad t1he "two of A# utetesl era 0/ im+ r..0 sir, k hy.. (r) The ea.ees, oddrassos and treda clessiLcatiees of all other "Idial taMstrydiea contractors in .hick the aedlsiomw has ST (Ceetrersorl WARNING U.S. t ,I—pol t9..t. 4er•r1W1 tole. Title Is. U.S.C.. povrdee to ON% 'mm"or..... pokos, posses, tttten or Publishes ear starss....r. ka mms the sane to be fobs ..... aboll be Reed emt sore lea 23.00 or lowlsoaed sot awn Mon two Toers, or both." lb goo 094.r4; U.S. DEPAIITMENT OF MOUSING AND MAN OEYELOPMENT COMMUNITY DEVELOPMENT $LOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REOUIREMENTS TO(tpprop'wre R•<6p1#e9J• c/o DATE PROJECT NuMetR PROJECT NAME 1. That wbdoraigred, having executed a contact with o,rrorm... onus<ro. for , Agre o "Wil In the amount of S in the construction of the above -identified project, certifies that; (a) The Labor Standards P"Ovigrons of The Contact For Construction are included in the mfortsaid contract. (b) Neither be aim soy firm, corporation, partnership or association in which be has a substantial interest is designated as an ineligible contractor by the C"ptroller General of the United States pursuant toS4ctionS.6(b) Of the Reptations of the Secretary of Labor, Part S (20 CFR. Pert 51, or pursuant to section NO of the Davis- Bacom Act, as amended (40 U.S.C. 276a-2(a)A (c) 'No part Of the aforementioned Contract bag been or will be sabcontrected to any aebcontaCtor It such subcontractor or any tun,, corporation, partnership or association in which ouch subcontractot bag a Substantial Interest is designated as an ineligible contractor pursuant to the aforesaid Itgulatory or statutory provisions. Z- He agrees to obtain and forward to the contractor, for transmittal to the recipient. within tee days after the execution of any low" subcontract, a Subcontractor a Certification Concomtag Labor Standards and Prevailing Wage Require- ments, stecuted by the lower tier msbconteactor. in duplicate. (a) The workmen will repod for duty on or about re -9. 14e certittos that: (a) The lerl awe 04 the hve+sees edlreaa of the eadersigaed an: (b) The vadersismed is: rp A SINGLE PrK aTOrISMtPr 113? A CON PQRAT+ON 9OGhoop =ED 14 TNa STATE aVe III A PARTNinSNIP1 ' lei OTMERORGANr1:AT1ON file.err6eJ (c) The name, title and address of Ike swmer, ►ortnert at officers of the undersigned orc : - 2a FEDERALLY FUNDED PUBLIC WORKS CONTRACT THIS AGREEMENT, made and entered into on this day of , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein- after referred to as "CITY," and hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited .bids for a public works projec;L (herein as PROJECT) more fully described as the construction of .the ° in the City of Huntington Beach, California. WHEREAS, CONTRACTOR has been selected and is to perform said work, 1101.1, THEREFORE, in consideration of the promises and agree- ments hereinafter made and exchanged, the parties covenant ai,-3 agree as follows: 1. STATF. MrNT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at his own r?xper:::+r, all lab , plant, tools, equipment supplies, tranuportaLion, tat -ill, Ica as-,,l n: other items and facilities necessary to compici:c and contutru:-l-, {r a good and worlananlike manner, PROJECT. - 1 - WSA : bb g/82 �-' Additionally, CONTRACTOR agrees to' -assume any loss'and%or damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements, and from any unforeseen difficulties which may •arise or be encount- ered in the prosecution of work and for all other risks -of any description connected with the work; and all•expenses_ incurred by or in consequence of the suspension -or discontinuance of work, except such as are 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'its 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, SPECIFICATIONS CONTRACTOR acknowledges that he is fully familiar with all the terms, conditions and obligations of the Contract•Documents., as hereinafLer defined, the location of the jobsite, and the con- ditions under which the work is to be'performed, and that he enters' into this contract based upon'his investigation of all such Matters and is in no way relying upon any opinions or representations of CITY. It is further agreed that the Contract Documents -are incorz porated in this contract by this reference, with the same force and 2 -- • r fir/• effect as if the same were set forth at,length herein, and that CONTRACTOR and its subcontractors, if any, will be and are bound by•any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this contract. "Contract Documents" as defined herein mean and include: A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY's standard plans and specification, and special contractual provisions, including those on -file in the office of the Director of Public Works of CITY and adopted by the City Council'of CITY and any revisions, amendments or addenda thereto, the 1932 edition of Standard Spocificntions for Public Works Construction, published by Builder's,Nevrs, Inc., 3055 Over- land Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter o£ the American Public Works Association and.the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. I31d documents including the Notice Inviting Bids, the Special Instructions to Bidders, and the Contractual. ;proposal (attached hereto as Exhibit "A" and incorporated by reference herein as though fully set forth at this point.) E. The project plans, specifications, special provisions and addenda applicable to the PROJECT., Anything mentioned in the .3 -. i � V 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 dispute'or inconsistency between any plan or specification, the matter shall be immediately submitted 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 his 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 said terms of said bid or proposal which is in conflict here- with. ' 3. COMMENCEMENT OI'' PROJECT 'CONTRACTOR agrees to commence the project within 110 calendar days after notice'to proceed is issued and shall diligently prosecute'it to the completion within 120 calendar days from the .'execution of this contract by CITY;'excluding delays provided for 'in'Section 16 herein. 3. TIME OF THE ESSENCE Time is of the essence of this contract. CONTRACTOR shall.prepare and obtain approval as required by the Contract Documents for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of his %.ark in conformance with the said progress schedule. lie shall coordinate s - 4 -- the work covered by this contract with that of all other contractors,0 subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the Project and in accordance with Section 3 herein. CITY shall have complete control of the premises -f on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontrac- tors and, in general, all matter representing the timely and orderly conduct of the work of CONTRACTOR on the premises. 5. CHANGES ` CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work the DPW may require with- out nullifying this contract. CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change therefrom is authorized in writing by the DPW. Under no condition shall CONTRACTOR crake any changes, either in additions or deductions, without the written order of the DPW and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPI -I. CONTRACTOR shall submit immediately to the DPW written copies of its firm's c:osL or credit proposal for changes in the work. Disputed work shall be performed as ordered in writine by the DPW and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to DPW. _5_ b. -- -rdOTFCE 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 event of a delay in commence- ment due to sudh"unavailability', relief to the CONTRACTOR shall be' limited -to a time extension equal to the delay due to such unavail ability. 7. BONDS : .. •. - _ _ - , CONTRACTOR shall, prior to entering upon the performance -of this contract,'furnish 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 and to'warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of fifty percent (50%) of the contract price, to guarantee payment of all claims for labor and materials furnished. -..Such-warranty shall apply to all work done under this agreement, including but not limited to any workmanship, - 'installation, fabrication, material or structural facilities con-- . ... . structed: CONTRACTOR, within ten'(10) days after notification by CITY of any defect warranted hereunder, may at its option make appropriate repairs or replace the defective item or items. - 6 - `-• 8. CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT CONTRACTOR agrees to comply with all requirements and utilize.fair employment practices in.accordance with California Labor Code Sections 1410, et seq. 9. CALIFORNIA PREVAILING WAGE LAIN The CITY has ascertained from the Director of Industrial Relations of the State of California 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 per- formed for each craft or type of work needed to execute this con- tract, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR agrees that not less than said prevailing rates shall re paid to workers employed -on this public works contract as required by'.Labor Code Sections 1771 and 1774 of the State of California. In accordance with the -pro- visions of Section 3700 of the Labor Code, CONTRACTOR further agrees to secure payment of compensation to.every employee. 10. CALIFORNIA PREVAILING WAGE LAVI - PEHALTY, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-. • five dollars (�25) for each calendar day or portion thereof for each worker paid (either by him or any subcontractor Ader him) less than the prevailing rate set forth herein on the ::ork provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of•California. - 7 - '- • 11. PAYMENT OF TRAVEL AND SUBSISTVICE ALLOWANCE Section 1773.8.of the Labor Code of the State' -of. - California, regarding the Payment of -.travel and subsistence: payments, is applicable to this contract. 12. EIMPLOYMENT OF APPRENTICES Section 1777.5 of -the Labor Code of the State -of California, regarding the employment of'apprentices,-is=applicable to -this contract. 13. EIGHT HOUR LAW In performance of this contract, not.more.than eight (8) hours shall constitute a days work and .CONTRACTOR shall -not require more than eight (8) hours of labor in a day from any person employed by him hereunder except ab provided in paragraph 9 above. CONTRACTOR shall conform to Article 3, Chapter 1, part.7 (Sections 1810, et seq.) of the Labor Code of the State of.California,_and shall forfeit to CITY as a penalty, the sum of twenty -five -dollars ($25) for each worker.employed.in the execution of the contract by CONTRACTOR or any subcontractor --for each calendar_.day during which any worker is required or permitted Co labor.more than eight.(8) hours in any one calendar day -and forty (4D) hours in any one week in violation of said article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by.each worker employed.by-CONTRACTOR in connection with the project. - 8 -- 14. PAYROLL RECORDS ' `y CONTRACTOR agrees to keep accurate payroll records ' showing the name, address, social security number, wor;c classi- fication, straight time .and overtime hours worked each day and Creek, and the actual per diem wages paid to'each ,journeyman, apprentice or worker employed by him in connection with the project, and agrees to insist that each of his subcontractors do the same. CONTRACTOR further agrees that his payroll records and those of his subcontractors, if any, shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, in general. 15 . -INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is, and shall be, acting at all times as an independent contractor herein, -and not as an employee of CITY. C014TRACTOR 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 e)f*'Icnrn, agents and employees, and all'bkisiness licenses, if any, in connection with the services to be performed hereunder. lb. LIQUIDATED DAIIIAGV. it is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of calendar days as set forth in Section 3 herein, damage will be sustained by CITY and that'it is and will be impractical and extremely difficult to ascertain and determine the actual damage which CITY will.sustafn In the event of and by reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the- sure of One Hundred dollars ( $100.00 ) per day for each and every working day's delay in finishing the work in excess of the number of working days prescribed; and CONTRACTOR agrees to pay said damages herein provided for, 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 with damages for any portion of the delay in com- pletion of the work clue 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, and unsuitable Breather, 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'sPttlement of the contract) notify'• the DPI•! in writing •of the cause of the delay, and CITY vhall extend the time for completing; the work if, in its judgment, the findings of fact thereon justify the delay, and its'decision is conclusive on the parties hereto. 10 �,.• Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CIT7, or should CONTRACTOR be delayed waiting for materials, if said ' materials -are required by this contract to be furnished by CITY, or by damage caused by fire or other casualty for which CONTRACTOR is not responsible, or by the combined action of tine vorknen, . in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended the number of days that 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. do 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 contractors, subcontractors or CITY will be allowed and said extension of time for the completion shall be the scle remedy of CONTRACTOR. 17. DIF'FERING SITE CONDITIONS (1) ?Notice. The contractor shall promptly,_ and before such conditions are disturbed, notify the DPI! in writing of: (a) subsurface or latent physical conditions at the site differing materially from those indicated in this agreement; or (b) unknown physical conditions at the site, of -%n unusual nature, differing; materially from thos; ordinarily encountered mom and generally recognized as inherent in work of the character provided for in this agreement. The DP.l.shall-promptly investigate . the conditions, and if it finds that such condit:ions"do materially so differ and cause an increase or.decrease in the time regiiired 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 clause shall be allowed unless the contractor has given the notice required in this clause; provided,.however, the time prescribed tjierefor may be extended by CITY. 18. COMPENSATION CITY agrees -to pay and•_ CONTRACTOR agrees to accept as full compensation for the faithful performance of.this contract, _subject to any additions or deductions as provided in the Contract' Documents, the sum of , as set forth in the Contract Documents and provided for in Section 1 herein. 19. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will he made onlY for the actual quantities of contract items constructed in accordance with the plans and specifications. Upon completion of the.construc-- tion, if the actual quantities -show either an increase or decrease e 12 — � 1y from the quantities given in the bid schedule, the' -contract bid price will prevail subject- to the provisions of this Article. Equitable adjustment in payment will be made upon increases or decreases in costs due solely to the variation in quantity above or below the estimated quantity when warranted by the facts and circumstances. 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 justify. 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. 20. PROGRESS PAYMENTS ..r .Each month, the DPW will make,an estimate in writing of the work performed 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. If 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 satis- factory progress has been and is being made, thy CONTRACTOR may be paid such sum as will bring the payments of Pach month up to one hundred percent (100%) of the value of the work completed since the - commencement of the work, as determined by DP14, less all previous. paymer 11 «. - 13 - 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, accompanied by a certificate signed by the DPW, stating that the work for which payment is demanded has been performed in accordance.with the terms of the contract, and that the amount stated in the certificate is due under the terms of the contract. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 21. WITHHELD CONTRACT•1'UNDS, 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 Section•20 of this contract. 22. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of.the work contemplated by this contract, i;iJNTRACTOIT shall file with the DP!1 its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon PROJECT have.been paid in full, and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set Forth in an - 14 - � r►W: affidavit covering disputed claims, or items in connection with Wotices to Withhold which have been filed under the pro- visions of the statutes of the State of California. 23. 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 -contract. 24. INDEMNIPICATION; HOLD HARMLESS;_ DEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, Its officers, agents and employees against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons, including death or injury to CON`fRACTOR's employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR ar out of the operations conducted by CONTRACTOR, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will . defend any such suits at the'sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorneys fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded CITY by a court of competent jurisdiction. 25. 11ORKERS' COMPENSATION CONTRACTOR acknowledges and undertalces its duty under the provisions of §3700 et seq. cf the Labor Code to insure against liability for Workers' Compensation and covenants to comply with such provisions prior to commencing the performance of the work r .— hereunder. -15- L. . " CONTRACTOR shall" maintain 'tlorker n' Compensation Insurance and -otherwise comply with all -or the -provisions of the Workers' Compensation-and'Safety Acts of the State of California,.the' applicable provisions of Divisions 11 and 5 of the California labor Code and all amendments thereto; and all similar State'or Federal acts or laws applicable and -shall furnish to CITY a certificate of Workers' Compensation Insurance evidencing such compliance.- The insurer shall furnish to-CITYa certificate of Workers' Compensa- tion Insurance:" The provider of insurance shall not cancel or modify -.any -such policy so provided without thirty (30} days' prior written notice -to CITY. = CONTRACTOR shall -further require all subcontractors to . similarly provide-such.worlcers',compensation'insurance for all of .the subcontractors'. employees. CONTRACTOR -shall furnish a certifi-• sate`of=waiver of subroeation'under the terms of the workers'' compensation insurance, and CONTRACTOR shall similarly require all subcontractors to waive subrogation. CONTRACTOR's`Workers' Compensation'Insurance shall be in forms.and-underwritte'n by -insurance companies satisfactory to CITY. Said insaroice -ohall remain in force until the work under this contract -is fully completes] acid 'accepted -hy CITY. SaiA insurance shall not "derogate froin 't;he -provisions for inde'rinirication of CITY by CONTRACTOR under section 24 of this contract.' CONTRACTOR shall, notwithstanding'nor diminishing the foregoing obligations, subscribe e — 16 — .ter for and maintain in full force and effect during the life of this contract a workers' compensation liability policy, in accordance ' with the Workers' Compensation Act of the State of.California, of not less than one hundred thousand dollars ($'100,000). 26. INSURANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including.automotive bodily injury and property damage liability insurance, in forms and underwritten by Insurance companies satis- factory to CITY for: all operations, subcontract work, contractual obligations, product or completed operation-, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the CONTRACTOR shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as additional insureds on said policies. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, -or prepares or delivers materials to the site of construction, CONTRACTOR shall furnioh �a CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be can- celled without thirty (30) days' written notice to CITY. CONTRACTOR shall' maintain all of the foregoing in suranne_ w7erage3 ir. f crce until -the work under this contract. is fully c9mpl eted and accepted by CITY. The requirement for carrying; the fore,_ping insurance shall. not derogate from the provisions for indeinificstion of. CITY by CONTRACTOR under section 24 •of thi s contract-. . ;;otc:ithn t :ndinG or diminishing the obligations of CONT13,"XTOR with respect to the ' foregoing, C011TRAC`1`OR shall subscribe for. and rmintain in full force -and effect durinC t-he wife oC this contract the fol lowing insurance amounts: not less than one million dollars ($1,000,000)• combined single limit coverage for Items A : ant F. A. Podil •y In,jirry labi] ity ad i,ut4r:rolfive BodilyIrrjrary Liability (including non- - ot•:nershi p and hired cars l B. Property Mrriage Linhit it,y " and Automotive Property Damage Liability CITY or its representatives shall -at all Wines have the right 'to demand the original or a copy of al] said policies of insurance. CONTRACTOR shall pay 7 the - premiums on all insurance here- inabove required. - -27• Atli) T I;t?MMATIn'rt if Cr)UMIAC' 011 rail s or refuner, Ao -pPOS cute" then work with dil if-ence, or• fuil ; to cornpl ctc tho Cork ::! t:hin titre time, specified, or is adjudged a bankrupt, or r;ahn an as::�,r::.:�:nt for the benefit of creditors, or becomes insolvent; or Violates an:; provision_of the Contract Documents, CITY way give notice in —18-- ti wriLInG of its intmlon to tenAnnte tine contract. unless the �r violation is cured within WOO days after said notice of •. intention has been served on COS TRACTOR, CITY uay •tern.,; state his agreement upon the expiration of that time. 28. DISPOSITION OV PBAHM, FI ff-',AEI.. ► ND t•T HE liii"r•'rrrr+: CONTRACTOR 'agreez that upon completion of the :•nor% to ke performed hereunder or upon carller termination of this Aoreement, 01. oriGi.nal drawings, reports, clIcuiations, maps and other docu— .vents, pertaining to said contract, shall be delivered .to CITY and become its sole property at no further cost. 29. DiSnATTSPAVION VTTV NKC?Fn;',',If+IIM In•tbe event that CITY is dissatisfied with performance of COfI BACTOR and the procedurer. for tennina t inn net romp in `,. nection 27 are fol3pwed, MY may elect t4 :i:.:,une complete control over PROJECT. 30. mHAM LVVY A assignment or delegation by the •^,^iI RACTCs; of this contract or any part hereof,• or of funds to be received hereunder, rill be recognized by CITY unl esi such assignment or del elation .hang had prior wri tton approval of consnnr or CITY and the •rnre L-y. 31 . C VVY V.i !'t,r+'f 11M COPlTIM t'Utt ::Ir:il ampl oy no regular o P ;:i':` :' in the work performed purs"ant to thin contract. 32. A 'tT01' VFY • 1 V.F'" If any action at: law ov in equity is no►nczar;: to en:arcc. or interpret the terms of Lhis agreement, the prevailing party shall 19 - be entitled to reasonable attorneys' fees, coats and necessary disbutsements in addition to any other relief to which he may be entitled. If any action is brought against CONTRACTOR or any subcontractor to.enforce•a Stop Notice or Notice to Withhold, which names CITY as a party to said action, or 'by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorneys' fees, costs and necessary disburse- ments arising out of the processing of Stop Notices.or Notices to .Withhold or any similar legal document arising out of the perform- ance,of this aCreement. Said obligation shall be provided for in the labor and materials• payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any'sum or -sums owed by CITY to CONTRACTOR under this agreement. 33• -FEDERAL PARTICIPATION The PROJECT to which the work covered by this contract .is being assisted by the United States of America'and the following Contract Provisions are included in this contract pursuant to 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. - 34. DAVIS-[3ACOM ACT CONTRACTOR agrees to pay and to require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wages as'determined by the -• 20 - . & `✓ Secretary of Labor d n accordance with the Davis -Bacon Act for each V. craft or type of worker needed to perform the contract. A cosy of applicable federal labor standards provisions which are to be complied with are attached hereto, marked Exhibit "B" and incorpo- rated herein by this reference. Handicapped persons are included. 35. DISCRTMINATION, 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 comply with Section III, 1968 Housing and Community Development Block Grant, Section 20, amended. CONTRACTOR shall take affirm- ative steps to hire local qualified minority individuals when job opportunities occur, -and utilize local business fires when possible. CONTRACTOR shall document his efforts to.comply with Section III and transmit his docunentation to the DPW during the course of construction and will submit a final report at the completion of the job. CONTRACTGR shall.insure that all aliens employed on the PROJECT are in possession of an alien work card_ 36. LQUAL 1-.14PLOYMENT OPPOFTUTUTY The CONTRACTOR will ccmply with n2 l provisions of Executive Order 112)16, entitled "Equal Employmf. nt Opportunity," as amended by Executive Order 11375, and.a: supplemented in Department of Labor regulations (41CFR Part 60). - 21 - The 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 and arse to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973.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 prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four years after their discharge and (2) qualified disabled veterans.throughout their 'liorking life if they have a 30 percent or more disability. ' To assure compliance with the requirement, the CONTRACTOR shall provide the CITY his written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY a listing of his subcontractors together with a completed affirmative action program from each subcontractor when applicable. 37. COPELAND "AAJTI-KICKBACK" ACT CONTRACTOR and its subcontractor^, shall comply w f th the •provisions of the Copeland "Anti -Kickback" Act, as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in - 22 - the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 38. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 1.07 of the Contract Bork Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department or Labor regula- tions (29 CiR, 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 8 hours and a standard workweek of 110 hours. Work in excess of the standard work- day or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1l2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 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 sunpli or m.1terials or articles ordinarily available on the omen market, or Contracts for transportation. 39. T11PLI"ME.NTATIM] 01-' CLfiATJ AIR ACT AZID F1DEMAL WATF:ii i UL 1_Y_ UN (:cyFVH01, ACT (a) CONTRACTOR stipulates that any facility to be utilized in the performance of this contract is not listed, on the 11 - 23 - date of Contract award, on the United States Environmental Protection Agency, (EPA) List of Violating Facilities Pursuant to �O C.F.R. 1..20. (b) The CONTRACTOR agrees to comply with all 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 Huntington Beach of the receipt of any communication from the, Director, Office of Federal Activities, CPA, indicating that a facility to be utilized for the Contract 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 paragraphs (a) through (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. 40. ENERGY CONSERVATION Contracts with Federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State ener,,y conservation plan issued in compliance with the Energy Policy and Consnrvatfon Act (P.L. 94-1b3). h1. STATE: CONTRACT ACT Th Nimrovement ntemplate:urti performance of this contract'elera] „�u ^Plan (FAQ J ire } ove,ment over Yshich ■ow -• 24 - the State of California shall exercise general supervision; and the State of Cal' or is-shaA ve t __ `lt to assume. full and direct control o his cot whe r�� the State of California � i at its sole disc.,:tiun r shall determine that its responsibility to the United States so requires._ In such cases, the State -Contract Act will govern. 42. 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 officers the day, month and year first above written. CITY' OF HUNTTI-IGTn1.1 BEACH, a.municipal corporation ATTEST: ' By Mayor City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: GCty A1B7FRin1'strator CONTRACTOR: By .By City Attorney INITIATED AU D APPROVED: Directar, k•ublic 1• orVo 16 ?a - (This affi-CA'vit shall ba- executed, in rhiplimit•:, by the surcessful hidder in ircnrdnncc with instrurtions in the Federzl Rnrilfirements for this project. BidlInr inrly execute thu affidavit on this parse and the following page at the time of submitting his bid.) P. NON -COLLUSION AFFIDAVIT To the City of Huntington (leach, Oepartment of Public Works: The undersigned in submitting) a bid for performing the following work by contract, being duly sworn, deposes and says: That he haz not, either directly or indirectly, entered into nnv agreement, participated in any collusion, - or otherwise taken any action in restraint of tree competitive bidding in connection with such contract. Signature of Bidder usi6ess Address lace n Residence Subscribed and sworn to before me this day of 19 Notary Public in and for the County of Stntr_ of Califnrnia. My Commission Expires , 19 -1- NON -COLLUSION AFFIDAVIT To the City of Huntington peach, Department of Public Worsts: The undersigned in submitting a hid for performinq the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into :any agreement, participated in any collusion, or otherwise taken any action in restraint of tree competitive bidding in connection with such contract. Signature of Bidder Business Address Place of Residence Subscriber) and sworn to before me this of 19 Notary ublic in and for the County of State of California. My Commission Expires , n day -2- St1PLR510W uL�:tJfu11 eTArT, CGlltornla CUUUTIESI imperial. 1nyo. Serra. Lae Angelue. Mono. 011kn9e. S1Ve1e1o4. Sees *ecnarslnu, son Luis Oblepa. Sent• Sarl,sts, end Yentuca 09031011 N1111[E111 CAS2•S111 CAM Oat* of Pabllcotlon supecoeJes O*elelon Noe. call -MI listed July 7. 1111. lm If PR 111111 and CAII-3111 detod septembee 11, 1111 In II ra 41114 otscoirt1CN or wopst *utldln/. sosoy, Ina tlllnrsI projector ARJ Rosldentlal, Project• IeacluJtov $myo and %one COuntled. Calllucnfal and OfaJylnv rlr ewefle wr1P et..got I aser2ws witstos 120.1% 11.11 Ormilro *OIICArMArENf 2/,01 1.10 CIVIC. rat 111.1 If.1) „ IIICrIArCOSs ales#. atsnJ oy 11.1 6.11 Aces 1 U .01 3.31 aloof. tenser 11.1 4.53 Aces 2 I 11.11 t.1f ILCCTRIClAil 11 + •A/e@ ? I ,1f.10 ).!2 ACC♦ !a Ices 1 i ' 11.61 1.00 tloctrlclen, " 20.1 4.22 Ages 1 16.10 1:10 Cable Spllcaca 20.1 4.23 Also 116.)2 4.01 Aces 20 IRICR TCNOLPS .11.41 1.21 ' Slectelelano$ CARPrMrrRfc' Ttchnlel@na 20.1 `4.62 Are@ It .Cable Spliesce i, 32.1 4.11 Carpentosa' 11.21 4.11 Aces is • f*invlel@. Plltdrlieiien •clove of oocl' Corpeetels ' I1.12 iardroaS Plooclayafe 11.11 MtilYctvnte Area 2s Cacyamtare 1i.71 fbinglares Plladrliero.a SCIJIG of Dock t.; Ceeptntore I11.It amtd..ur! r1weleveia'' 16.11 111 t..M l ve.t s I 11.11 [, CLH171t ethwisso . Aces 1s Cement "&Gone 11.51 Cement rlostlnq and " Irco..eltng Machin. opolatols 1.11.t1 Arta 1e Cement Mason* 11.71 Cement Peaatlnl ana te0+01lnv 144keb1ne Operators 11.11 '• ORIWALL INSTAtI.rNSr 1 Ate• 1 l/.1) Ages 1 ll,fl f' r 1.1: Slactglclanet Tectrni- elanal Cable Splicers Aces 11 Slectrlcl@ns Cable spllcags arcs 1r • , Sleclgiclans r Arta is Slectriclsne Coble splicers Ages Is Aloctrlclons Cable spllcole Soeldencla! Slectrlela Loss It Slsetrlclane Cable splicer* Ara$ is IIOct flelans Cable Splicers Area 101 *leetcltlane ' Cable 1plicere Aces 1LM Slectticlans Cable Splicers OCC181011 W. CA11_3119 Pave 2 rslr s.nerst :[CYATOII C'011lTR11CT+ORS1 Ai8s is Rackbalco MA) $2.415 a ■alpha 11.0t 2./13 a Probationary relp.re 1.3/ Ago@ Is Mechanics 24.13 3..I61 0 *elpors 1s.1S ],t1S• a Probotlonarr i*ipors I1.11 Ulli all Iraq 1 I 11.12 4.21 Iles 2 16.03 3.41 fD1MHV*RERs1 , . Pence sraatore 16.41 1.01 etevetutal. Ofnasantal� ' Salnforcln/ , lT.10 t.OI RRIcAtion anut d [J! SPPIMRLYRA 11.12 1.41 ATeDRls .. Ares 1 : „' U.f1 1.17 , Arms 7 ISM 1.11 11.14 4.1) 14.10 1.31 Ages 1 i 11.11 f.1s lot Co"STROCTIORM i Arta Is CsoundasR'' Llno*on ` Cable Sptfedce 1 20.10 J.11.'- Aras 1e I r Groomsman , 11.11 I.SI Llmtwse - 33.17 4.67 Cable splicer* 11.72 4.11 r Area )a Craundmon 11.11 3.73 Llaawanl Egalpeent j 1 Opetatoto 11.01 1.11 Coble splicers 11.12 2.Is Area It llnswen r• 11.1t s.0f Cable splicers I1.31 I.IL Arta 3s .Llnsean 10.31 1.21 ' Cable Spltcels i 1/.10 1.16 I LINS COMSTRIICTIOMI (Cant141 Area II CCound*aw , • , .. Lineman# Equipment operators Cable spileaee Ace@ is Croundesn Llnamens Equipment O$•erstore Cable splicers + Area Is CrounJesn Llnemont Ciulpment Operators+ - -'-' Cable splleoio - ; Area *e ' Crouns�en 1 Lineman$ Equlpaowt; operatols + Cable Spllcare Atee'!01 Ccoundsa4 Llnaean ' ' Cable Splicer 1 Alas Its Ccoundsan + Llatuani Squlpment� opetatote• Gable splicers , IIAROL* 7LTTLRlr Acoa 1 Agee 1 nARSL1 r1fllStCAs1 Ares 1 ..• n1e+rl:Pf, ' Ages If !cash$ Painter Sutnee, 781•41honlere ` " 4 Sandblaolate lean. @toe" and Bridge (8V1nl •ravel Sheet Roca repore '*rush (arinv Stegall Iprerr Staapielach s + MW 1.1) 1.1) 3 to ifs so 03 0 6' fe t. aft lgtrtrl 112.1 C7k. sllg .d Vft/ Xlt1ffM$i Kant '.It Ale. 3s Stt1,h lII.3F plr.eh T+tnt et. sttyrtuaa steel. ralnt par..rf 1p.11 S-tn7 St a7e. un.tet 11 staines: Saudblasterl reflwl♦ P.•Ilar Opo• ratorf Tap•fh�nl•t 11.)7 Sving stal.. a+.as ti @toilet Taste Maehln. Opet.tor 11.71 Srrsy ralntags Steertt- Jael Tares Area 11 , lioah- S1.f0 ptu+h of $*list lowing @la•lrtl raperhenlelse Tars• (short recall 14.70 Sp@a/f Sandhlaster 14.14 steprlefech 1,11.10 area is @gush. pot londts 11,t1 ral•efh@nlefs, taste Machine operotorae from and Steel tf,13 fpror. Target Sandblast* 31.11 11-je fainter 11.13 lean sn'1 Steel "+posy reinter 11.11 fleerkelock t1.11 Drt•w611 fapar and 0rrar , Teatur* 1f.1t efktng Lot stllpin') wotit and/or 111110vay ltarketas Teaflle tvlinealing Deelre Applicator wheel Ser.p r..etallee. Traffic Surface tond- bloatttl itilper t1.1i <luler Seat Crerattnna 1`1144r orefet.ol 11.1t Irlueggte Mn, Applleato Ortratoc on.1 Shutiloma 10.91 Top Man• f.11 %SIFPta:1 fee lea 3. T1.10 fee.00 1 1i.71 Iea 3 •. 11.3S see S 1i.SS page 1 lrlwi. wY TtAStepEP!' T/HnrpSr As** 1 11.10 Area t Area 1 4.10 Area t Alfa S Alta i /Lt1MOrtsr lteam(lRlee@r 4.10 Area l Alta 1 4.10 Area 7 4.10 Area t ptTpICtAATtf11t and AIR 4.10 C00101Tinlilti.l 4.30 Area 1 Arta 3 l.17 s�orlasa.. . Area = Art• 1 1.13 As to 1. 1.1a Asoi 1 1.01 atta ) Area f 1.41 51117T METAL WOPFrrsr Arts t Area 3 . 1.61 Area 1 ).01 Are* 1 l.il .Are$ S Are$ 0 Ares 7 1.4k SOFT IFWA LATrhsr Ales 7 JIM Ale$ 3 Arse t ' irA1+1$lra rlrfrasl ... Area l be1.11 Is 7 lTA*A3td W)ASbsr At+$ t Roos? Ages 7 11t.1 trTfEpl1 h/1.SS At*@ t Also 7 bal.11 Aeto 1 6►k.11 Aisa 1 , Airs ! f.g41 T1L• 71Nloarpsl' are 1 Alta ! 7.37 foil ' 11. 11 Il.id 33.10 13.00 1.11 4,40 1.73 l,S1 1.41 1.11 7.15 4.10 f ., tr�fnq an. .; �3•iiii Tile f sae Ir ln,f ' .dvs11 $..toII 111 M►PLPsI atea_, towr■ rcoirmr.af r+rr.PATOP' AAfA 1s •eaatndte of Mont 'At I Countless Clove l Croup 1 flT.lf 11.11 Cen..r 7 Ctqup t 17.1i 1.10 CI our 1 Cromer 1 1l.11 1.31 Clo./p t cloop i 11.1? 1.10 Clnur 3 Cromer S SIA S T.if ClO..P (G1ln111IrlI Croup 7 Clnvp 1 13.11 1.10 Clove / Ceoap 7 10.)1 1.11 Ctovr / Ctonp 1 11.10 1.14 •when the home at m y e+ tTt+1110rt1t rloree Is rarer 10 road ' Croup 1 11.13 1.16 splits tfoo th* eenror o Croup 1 14.4% 1.94 the Job of pto}ect on Ctour 1 15.01 1.16 4Andenbetg All FDIC* clove 1 IS,79 7.I6 pate, a Rite of 111.00 April 7e ?oink Afguello. + Vol scht•lules volt day Corp pobelta, tdrards All #boll'be addod to the rote* !late. Isaeal Ordnane base psy. Test Contest fandenbeel TALCS DILM PSt AIr rorce $l n r croup l Clove 1 11.13 1.11 Clamp 1 Croup 7 14.11 1.70 Group 1 Croup 1 13.I7 1.71 Group f Croup 1 15.41 1.111 crow 3' Group S 15.11 1.10 Group f ICurL1a crow T P 31.11 1.11 Croup 1 Gtoup 3 11.13 1.14 Croup 1 Ctoup t 17.01 All Croup 10 Croup 1 11.71 T.tt Cfovp It "IN 1:001tstrlrT OPEPATOrlf croup 11 DPrOCfell. Cloup 11 (IlTdcaulle suctfon Dradgaa I croup If &$Vernon 11.50 3.3t cfaup Is watch r$ltasell %%slog/ croup 1/ T:rc>aats 10,01 1.lt Clovp 11 tllnchmsA tstorn winch at Croup it ' + 0redgol 11.41 $A t Group 11 psrgeeant Dtelhandl rift •+1ben the 'home of on tm- aanl 011erg L,testhand I9.99 !.1{ plores l0 Graf 10 C044 "sac 11.1) S.11 ells@ tas•M the ererer n (CIO-oat+elt Or*dgsil . lh@ Sob at riolett on LoTtlr•an 11.10 4.11 VeneeAbell Air rote@ *etch Cnglna*r1 Decimate 11.03 $41. sass. a rate of 110.00 Mgt Mate '11.11 15.1L Vol scho4*1ed -oft day largtaanF Deelhandr tire @hall be g'ldrd to the Pont Oiler 24.91 $.ft same ter. MW-2- �+f le ar w.fltr 14.11• foil 39.71• I.fl 35.11• 4.61 11.11• I.41 16.11• I.61 It.it• 4.11 16.10• 4.6%, � 1i.01• I.i) lf.1i• I.tl 11.17• I.il 1i./t• I./l li.fc• foss 31.01• f.11 11.1S• 4.40 11.51• I.i{ 17.11• foil' 11.13 /•11 II.It• i.11 {0.11• I.il . w Cn Ill A Ls 7d u� C O Cr910to No. Cast -Slit Tag• rClo•Y ggQT f S l � borer eonttibutea It of basic hourly rats fog over 5 year • ••tvtc• an4 61 of basic hourly rate tot a months to S y•ace' service to Vacation Pay Ctedlt. SIR Pala. maulers, A througb r. b. t• foyer Contributes 1.11 pat hour to tlolldoy rund plus i.�t p.t Aoue to Vacation Lund tot the drat year of ea- ployaent. 1 Yost but less than 7•reats I.11 pas hour to Vacation rund. 5 Yeats but logs than 10 less■ I.41 per hour to VAeatloI rand, over 10 Yeats 1.54 per hour to Vacation fund. E1RdLiQk151 -Gar yeaPs Days 11-Memorial nsys C-independent• Days , D-Labot Delp t-Th■nkagleing Dell r-Christmas Day - Lit r 16 DCSCRl4T1OUS DRICglAFt0St Stonesssonse , Area Is Imperial County ' Atea 21 Jaya, fern, and Mono Counties Area 14 We Ang9eles and Orange Cauntiaa s Ace& 1r riverside end San Bernardino Counties . Ares So Santa $debate and Dan Luis Obispo Counties Area As Ventura County C�RV[ur[Rle1 .. - Area 1t Camp Roberts, gdvatds Alc race* nose, slaval Ordnance ?sat stationPolnt Agguallo and Vandenberg Aft farce 1950 Ages 21 Romaialnq Countlaa .', crKE'NT 1411501151 Area 11 Camp Roberts, taw rail Alt rocee Base. Naval Ordnance Tort station. Point Arguello and Vandenberg Air rotes Base ;r. Area 21 tam+lntng counties O1YNaLL Ir1STAL[.tRl1 Area to Camp' Roberts.'naveide Air race* some. Naval ordnance Test Stotlon, Point Arguello and Vandenberg All rates Dos* Arts 2e Remaining Counties :. DIVI:R9s• � ` . shall, deceive a elnl■us of s hours pay -fog any,day of part thereat. r rMTRICIA11St Atea 11 = tw,petial County ' .Area 20 fern .ounty'leem■Inder'of Countyl Area 3s COS Angeles County Area Ie Orange County Area So Riverside County Ares is tnyo. Nano, and San Degnsrdino Counties t MW -3- arCISION NO. CAi2-5111 e) Page s AREA DLSCPIPTION3 (Cunt'd) at" RICIANSa ICont•dj Ages Is San !-uls Obispo County Ate& is Santa botbara (Remainder of County) Area !r Ventyra Coun Area 101 Point As llty gueo and Vandenberg Alt costs tease Area Its China Laae.Nawal Ogdnence Test Station and : Edwards Aft force ass* , UrMOR CONSTPVCTORII Ases,ls Imperial and tnyo Countless tern Count (south'of " Tehachapi Rsegell Its Angeles. Mono, ocaoge. 0 vegelde, i' San ssegnardino, fan Luis Oblepo. Santa Barbara, and Ventura Counties „ Atea 21 9stn County (north of Tehachapi Range) " ,CIAI ILRSs „ Ages Is Los Angeles, Orange, Riverside, San Bernardino, ; r Santa lagbacs. San Luis Obispo, and Ventura Counties Ato& 21 Imperial County ' ' � lfOMiOR]LtR41 � Y • t Wiese the pcoject is located 60 ails& or wore from the City Bails Indlcatea below,, the folloving amount shall be .died a to the Sage Pall I . - 60.-[lea to 100 miles - $10.00 per day . 1104 miles and owes - 121.00 pat day' City Bali of San Ptancisco, Oakland; Sin-Josei Sacramento. Dtoekton,-rreeno. Baca•rstleld, tug$%&. Redfing,•uspa,, ' Los Angeles, San Diego, San sernsealoo, Venture; and It Centro LA TII F Rl e Area 1s Inyo, tegn.,and Mono Counties Argo 21 Los Angeles County (except City of'Lancastetl•'• " '` Area 31 Ventura County Arms to Orange bounty Ara& $1 ,Rlvsrald0 County ' ` .. 41Nt CoaSTRuCTIOm, f ` Area to lmpetlat County 4 Ares 21 ,soon County'(RsAafndet of Countyl Area 11 Orange County .Aga 11 Los,Angeles Co u nty, ' Asia So tnyo. Mano, and San Betnaidlao Counties . Area SI Rlweeside County Ate& 71 Son Luis Obispo County Area 81 Ventura County Ate& Sg. Point Agguyllo an4 Vandenberg air rJtf• lane Area 101 China Lek* t1av&1 Ordnance Teat•Statlon aus [drardo Air rotes lease Area Ila Santa Ratbaca (Remainder of County) O l Prosiom tin, CAe)-slle tog T AOFA r£:CltrMOUS icont•dl KAPDLC SzrTrPS1 Area Is Into and Memo Countles Agee It imperial County MAPPLF TiP115111PS, Area is lorerlol County FAIMTIFSs Aces It Imperial, Orange, and aiveraidt Countlesr Loa A„gele■ County ITo-ons Areall San Brrnardlno County ttsetuding westeln pletlon) Agee 21 Inyo Countyl Los Angeles County (eseept tomone Arta)1 Monn Cnuntyl Can lietnsgdloo County lvest of ■ line north of Tgan) Including China Lake Area, Jol,anneaburq. Mogen, mouth (nrludlnq the wrlghtwnod Ataslt Rein tnunty teat of the Los Anq•les Aqu•drrctl Arts )e Fela County (eacert the pT tlon lying post of,. the Loa Angeles Aqueduct) Area 41 San Luis Obispo. Santa Borbats. and Vtotuta Counties PLAST£PLRSI F.eto I Loa An-Jeles and Orange Countles, . Agra 2e Inpttlal. P(verel4e, and Son aelnacdtna Counties Area )r Son Luis oblero County Aces /s Sent• barbers County Agee St .Ventura County Area 61 Point Arguello and vandonberg Air roree ear• Area is Tern. Inyo, and Mono Countles r(.ArtTl:Pr1tSs TF11@LA3e Area Is . log -trial, Inyo. M.7no, Ittverol•3t, and San betnordlno C^u-tlee Art. 21 gain County Area lr L'a An eles and orange Counties Area 11 San Lu�a Ohlspo and Santa barbate Cnuntlea Arab Ss Ventura County Area i1 China Labe rravot Ordnonce Toot Statlnn and FAvorda Air Force Base rLl'MBf.FSg.Steamlltterar Agee is lwpetlal, Los Angeles, Orange, P(vetelde. San begnordino, ion Luis Obiaro. Santa Botbace. and Vontuto counties Area Ir Inyo, Fern, and Ihne Cnuntito Ater 31 fd�asds Air force Base. Travel Ire+rope-Center end China fake Havel Ordnance Test Center Area Is. Tolnt Atguoliel and Vandenherg Alt roret Bose MW -4- PICISION 110. CA&I-31111 Ta1ei� ARr.A CrSCPIPTIuMS tcont•al P£FAICtRATIOq and AIX Ccv1DITIne+ts,Cs Area If Fle*galde and San BtgnArdloo Counties Arta Ir Lao Angeles and orange Counties pmriPSt Area Is fortttal County Agee Is Inyo. Fern, and Mnno Counties Also It Alvotside and San bernarellno Counties Area it Roo Angeles, Orange, and ,Ventura Count lea Area Sr San 1.1110 Oblepo and Santa Besbet. Countles Ares lit Point Atguello and Vsndanteeg Alt force Best serf? MtTAL s*P1trOS1 Arta 14 topertal Couryiy Area is tern County and &11 of lure and Mono Countless Loy Angelea Countyr (that portion north At • 1ttal'%t line drawn het..etn Coo -on and btq rinvel Area 31 Loa Angeles County iromaininq rettlon) Area es Orange County Ate& St Plvtgside and ion btcnacdlno Counties Agee it flan Luis Oblepo. $onto esrbate. and Ventura Countle" Ase& le rdvards Air Force Bore and China Lake elaval weapons Bgse sorT FLOOR LATrPSs Ares 11 lorait. I county Area 21 Los Angelea. Orange. P1vetaf4le. Santa saft-are. Soft Luis Oblero, San bern.r,llno, end Ventura Counties Area Ir Fern, Ingo and Mono Counties eritiRRt.LR 11TTCPsg ' - Alta 11 foperial, Inyo, worn. end Mono Countiter Orange county (except !lento onell Plretslda County, San becnerdlno County (except ontactolt San Lute ohispo. Sonts Barbera and Ventura Counties Arta 28 Loa Angeles City and aces within ?S piles and Pcmons Atone Orengs County %Santa Anal San Brrnardlno County lontatirls and VIM'S County (sent■ routs. roint Mugu and Port autue.e) TVPRAIIO UOPFrPS1 Ares is Irpecl61 county Are■ xs Pewalning Cnuntla& TILE SMIPSI Area Is Irrefiel County Area IN Lo. An77etes, Orange, and Ventura counties Area Is San Luls Obtbro and Conte barbsr. Countles Ate is lkiverrlde and San $etnsralno Countles Area Se Inyo, gain, and Mono counties TILT rmil strPSr Iltsa is L%wa Angelea, orange, Plretalde, San Bernardino, and Ventura Countle+ Ate& 21 Pttn. Inyn and Bonn Cnuntloa r C 0 �t rCo O n ra . • DtCl+rt+M wo. C0,02-Sill Page P LANOPLAS Croup II Cleaning and hsndling of panels togas, Concrete lCreeding tog cough stelke-offl Concrete. wStec eugingl Denalitlon Laborer. ^ •',, the cleaning of brick and lumhetl Dey packing of concrete, plagglny. filling or Shee-bolt Holes, riro watcher. timt,ac. &gush uadere. Purrs and Debels Ilandlersl Cos. oil and/or Water pipeline Labor ar#'LaLorrt, general cc come tcuetIon I Lobotec, general eleanupr 1•21Jaree. 1Sndae6ping, Laboreg, letting, temporagy avatar end air Ileless Mated&$ llase■an twells. slabs, floors, end decksll AIggtnt and slg- noting# $Coleco Slip Form Palserel SlurcY Sral Crews (Kiser Opetatoc. Applicator Operator. Squeegee Man. Shuttle Man, rep Mani# Striper. Concrete or other paved surfaces, Torman and Mortar Mani Tool Crib er Tool House LSboreca Traffic Delineating Device Applicstato window Cleansro Nice Nosh, pulling all concrete pouting opagailons Croup is Asphalt Shovelseg Cement Dumper (on I yard or laggof Mlaer and handling bulk eeaentle Cesspool Dlgger and Installer. Chuckten- cloes Chute Han, pouring concrete, the handling of the Chute from Reedy Hie Trucks, such sa walls. slabs, deeka. floors, foundetlons, foatings.'curb, gutters, and atdowalkac Concrete Cucar, lmparvlous Membsone and rain ollots Cutting Torch Operator Idemolltloall Flne Cradle. highways *nJ street paving, aleport. gunwSys. and similar type heavy eonstruetione Cie. all and/or water Pipeline wroppeef tot tender and form Mant Culnes Chasers Hesdoebosid Mon, asphalt$ Laborer. packing cal Steel and panne ~Power Bronx $weoptge Is%allll • Pipcop Stoneyaver. placing stone or vet sacked concrete! loto Scraper and Tillers Sandblaster I►ot.tendello Septic Tank'Digger ' and Installer flsodsanlo lank $color and Cleaned ?roe Cumber. • roller, Chain SSW Operator. Pittsburgh Chipper snJ-elmller type $rush Shcadder d underground Laboror.rincluding Caisson 90110wag Croup ]aAsphalt As►er. Lutssan. Iconic and Asphalt Spreadet Bose* fall typeoll &uggy'obfle Mang Concrete Car* Cutter. Ctinder cc Sandece Concrete Cutting torchl Concrete Caw Man, cutting, scouring old or 4 now eonecate, Driller. JackhSOL+ar. ]% tt. drill steal cc longer Del Pak -it Machines Cos, oil and/oc water Pipeline wrapper, 1' pipe and over, by any a+ethod. Inside and outs Bydro leaJac and 61611ar types Impact drench Multi -plates rattl*men. ►ogwen and Mon applying asphalt, Lay-kold, creosote, ila* eauetle and similar type materials v applylnq• means applying. dipplog, brushing or handling at such als- terials for pipe wcalping and waterp000tingl# Opec*tore Of pneumatle. - goo. electric toolat VibeatIng.Hschlnos.;Pavomt ht breakers. AIr ,parting, Coot-olongo, and,slallor mechanical tools not s*parately -classified beftins FlFilayor'a Backup Man, coating, grouting, making of lolnts. seating, caulking, diapering and Including Rubber Gsakat JDlnle, polnllmg and any and all.other services$ Bock Slingore Potary Su riflaa or Multiple head Concrete Chipping Searltlerr Steel Header - based Man and Culdoline Seskee, Tseperal lark,, waekor, and aimlls, types Trenching 114c Nine, hand peopelled. r ' DECISIWI lei]. CA/1-5119 al Page 10 t"opicPS ICont'dl CroL,p Is Ctlbl,er, Shover, Lsgglnq. Shteting and Tcench Bracing. hand-gutded Legging Ilan.+eel His d Iloet Slingerr Later Dtawj Over - alike Conelete vibrato[ Opecatog, 70 It,s. and oven Plpelayer. In- eludlnyy water, @&wage. solid. gas as alto Prefabsleated Manhole Insist tot Sandbtastef itrostlemanl. water blasting, sselding In connection with Laborers' work Croup 51 Blaster Powderman, all work of loading holesplacing and blasting of all powder And eoploslves of whatever typo. regardless of method used for such loading end plaetngs Dalllege All power drllle, secluding Jackhammer, whether Cora. Diamond, wagon, Track, Multiple Unit. and any and all types of mechanical drills Cu14141'et: Gcoup is Morglomen and Rodeen ' y 'Croup It, Cunmen 1•' 1 Group ]s Reboundmen' Croup Is latch Plant Lat>orecsl Bull Cang Mocker, Tgsckmanl Concrate Crow, Including Poddere'and Spceadecal ChangeheL►semane Du%pnanl Dunposa fouteldel# $wamper (Btakeaan and iwitehsSA on tunnel wockll tunnalimaterlole handling lu n$ Tool Man Group tl Cable Tendeel Chuck Tenderl >rlppore Steel for% looser onJ� letter'* Tend4el Vibtatocesn. Jackhamsat. Pneumatic tool• fSseept' Drllletll Leading end unloading Agltatof,Catif Pot-TsnJeg.'uslnq '" Raetic of other materials croup ]s 'Bloater. OrlllSr, Powdarman$ Chemical Gcout'Jetman#-Cherry .'. ►Ickernan# Grout Gunmen, Grout Hlsermanr Clout Pue�pnsnt Jack ltq "Intel Juml,o Mani Cooper and othsi pneuestie eonersts Placer Opt rotor# Miner, tunnel (hand a[ nachlmail Powderman (Pcioer Houst)l ' Primer Mans Shotectte Man, Steel form Pallet and Setters'Timbetmanr latimbtg (wood or steell# Tunnel Concrete rinishe d wottlaraan# Opq. • „'" i gating Trowsllng and/or Grouting Machinel Sandblasts[ .,. • L Croup it Shaft. Aalsi Mlnei$ ofamoild ofIIIs' r r MW -5- a »rcisio►i too. CA117-5114 Page 11 POw[P rotrirmrler orr"TpAS Crcur la arakeeans Competeanr (leas than 600 C.r.H.11 rnylneer 011erl Ceoves tors Heavy Duty eeralemanl Tenderi rumrs Signal- wani SwltN.man Group 2s Compevsaor l60o C.r.M, or largerlr Conerrtr Mlser. Skip type. Conveyoce riramant oyiic oetallc ruwi+s O11er Cru+her tasphalt or concrete plantlr plant ortrators Cenetstor. Pump of comptessers Aotery Dclll Melpat (011lirldil Sklplosder, wlrepl type up to 1/4 yard without sllschmentsl Salle Fleld Teclrnlelsul Tar rot flcemani Tampotary !seating Plsntr Trenching Machine 011ets Truck Crane Olive Croup Is A -Prams, or Winch TruCkl Elevator Operator flnsidell Equlp- went Cteaset (raeklr ror4 rrcquson twlth dtagtype attaChmentsls Hell- ec,rtcc p�dloman fgtound)a rower Concrete CtrrinT s•schlnto Power Con - crate Sawl rowee driven Jumbo roan Setters Aoae Carrier (job attrll stationacy ripe Heapping ■n.l Cleaning Hachlne Croup to Asrlralt Plant rilrwan# borinq Machlnel borasn or Mlast- Stan IspshaIt or coneeatelr ChIp 5pcwed lnq Mach Intl Conerrtr rump fossil rortebtelf Bridge type Unl,7ader and Turntabler Olnker Loco- motive or motorman sup to and Including 10 tons)# rquipatAt Ctreset (greaser Trucked llellcepter Ilolltr Righllne Cableway Slgnslwans Rydr■-hammer-memo 6toer•pecl Power Sweepers Pollee Icempaetingll Screed larphslt or eoneretels Trenching Machine (up to 6 feet! Croup It Asphalt Plant roglelvcts backhoe sup to and including 3/1 yetdli batch ►lants Bit Stiarpcnerr Concrete Joint MaChlne lCanal ens similar tyrelt Concrete Planeel itch Ediglneo r+ettlek Msn 1011- 81p10 typell Drilling Machine Operatoe lineluding water vellal# /ockllft (under S ton'eapacttyll ordrugtephle seeder Machine sat/sw. Nulls of seedll Machine Toot Operators maglnnis lnternsl ruts boat, Vlt•cator# Heehanle Berm, Curb or Cutter (asphalt or eonctste)l Mr-` ehanlcal rinishvt leonerete-Clary. Johnson, aiduelt. or @toilette PevePpnt ere■ker ftruck awuntedle Aoad Oil Miring s-aehinvi Pollee (ar.rhalt or flnlsh)i Pubber-tlred Earth Moving Cqulf'ment [single e+rglne, up to and lncludlug 21, yards struck)# Self-propelled Tat Plrctlning Machines Slip roan rump (p,3wet dclwen hydraulic lifting drvlce for concrete formsll Sklp-loa.lrc 1Crawlet and wheel type. over 3/4 yard and up to and (nelu•fing 15 yardsll Stinger Cesne (Auettn-Heslern of similar typell Tractor, Bulldozer. Tamper Scraper feingle engine, up to too rtr,.flywheel and sl+Ilse types, up to and Including D-S and slwllar tyreslr Tug-7t( ►ooist. 1 drumt Tunnel Lueomotive lover 10 tons up to and Including 10 tonsii i+rider-general ' of oreisso" too. CM-Sitb Pepe 12 rOWrA rOUlritVIT OPFAAMAS IContId) Croup is Asphalt Or Concrete sptesAing (tamrinq or flnlshlrills Aal•lralt resin q Machine lPerber Cr.ene or slwllar tyrelt Pcldge Crane ►q.#,eatnre Cams-In-ptaee ripe t.aying Machlnel Combination solace and Cnmlmeser•r (Cunite vorkll Cc+ psr.tar. self-peop.11edl Concrete miser - pavings Con - Clete rump Itruek wountedill Crarre Ol-cralnr up to and Including 23 ten Capecttyl (Long-tw+o•a par appllr.ahl►!s Cruahing rlantt Drill D+rctncl tlevating Gesderl forkilet levee 5 tonsil Crane Checkers Ceadp-atlr CroVtlnp Machleret Ireading Slrlelds heavy Duty Perelemonl Hoist ctl.rcator fChleago lino+ and violist tyrelt Rolman belt Loader and similar lypel LeTourneeu blob Cnmrsetet or slwllar types Lilt rbhllel Llft Slab Ma- chine lVogtborg and similar tl•resit Loader (Athey, ruclld, SI-rra and alailer trpe)I Material Moist, mucking machine 11/4 yard tubber tired. call or track oU.mlmilar tyrelt Pneumatic Meading Shield ltutrnel)s ruwpccete Can# Potaey D1I11 leecluding Calsson typell Putter-H eed teeth scaling Equipment (single engine, Caterpillar, Euclid. Ather. icegon and slwllar' types with any an.i all ettachmentq, over 2S yards *truckle Dubber -tired 6erarte liteI(-loading paddle wheel type. John Deere. 1040 and elmller •Ingle unit)1 Skip -loader lCrawiee and whprl 1jp•r, over IS yrds., up to end Including 65 Yde•!l Surface Heaters and Planers trrno; oil Machine Over 6 ft, depth capeeityll Tower Cranvo ?rector Coeptesaor Drill Comhtnaticnl Teactoc (any tyre larger than o- S-l00 flywheel rip and owes, or al.11aril Bulldozer, Tamper, Scrap-c and rush Tractor (,Ingle englnell Tractor ft.00t attaehmentall Traveling Pipe wrapping. Cleaning and Brndlnq Maehlner Tunnel Locomotive lover )0 tonsil Shovel, Backhoe. Deapllna. Clanshcll lover 3/4 yd. and up to S Cu. rds. M.P.C.) (Long -boon pay applleablell Sell -propelled Curb and Cutter Hachlne , croup 78 Crane, over 25 to,, ur to and Including 100 tons M.P.C. tl.nnq b— ray orplleablall Detsick Berge (Long troop pay arpliesblell Dust Drum Mlseri Reav��+ Duty Pepaltmen, Welder combinations Hoist, 6llfl-1egs. Cur Dertlek et al+.11or type, up to end including 100 tons ([song hocn Per applicable)1 Monocall Locomotive Idlesel, gas or electrlcir Motor rotrol-blads Operator (singlg errginell multiple engine Tractor Iruell•i and similar type, accept Cued S Cat)r Auhher-tired Cacth M+vinq fgulr*pnt faingle engine, ever SO roil. steuek)l Pubber-tiled t.•rth Moving Equirmprrt (multiple engine, Euclid, Caterpillar and sl*Ilarl lover 25 yards and up to S Co. rds. struclls Shovel, backhot, Oragllne. Clamshell lover S Cu. yrds. M.P.C.) (Long (+cone par arpllrablelt Tower Crane Peratraanl Trart.rr 41s4er lceswler and wheel t)re, ores 6% yardsi s Welder. sett 1 (lo,1r es,^tills Hiner and similar Pugmlll rquirment MW -6- i DMS1044 IW- CASI-Sill Page 13 K)WER EGUIPMLi1T OPCHATORS ICont'd) Group If Auto Graded Automatic Slip rotes Crane -over 100 tons it-ony-beam per epplieahlell Oaiat. 6tllf 9.4096. Guy Derrick of slaifac types ieapahle of hoisting 104 tons of •orst IL•onq boom or 41,44(eahlel1 Maaa tocevator. Ilse than 150 cu. yds.I mec- hanleal finlshing Hachlnal Hubile form Teavelerl Motor Patrol. multi -engines Plpe Mobile Machlnee 1uhl.et•t1re4 Earth Having tqulpsent laultlple engine. Euel14. Caterpillar and similar type. over So co. yds. stfucall Rut.ber-tired Sell -loading Sce+pec (paddle wheel, auger lylle self-losdlnq. I or more unitall Rubber -tired 6eraper. pushing one another without Push Cal. Push-pull IS06 pet bout additlonsl to bass retell T+n•1ta Equip- ment IT units onlyll Tandem ?factor (Quad t of similar typall Tunnel Mole Noting Machine C10.0p It Canal Liftoff Canal Tile-crl Nellcuptef Pilots Iligle- llne Cablo-layl Pe;ats Controlled Earth Mowing Equipment 1S1.00 per hour sJdltlonal to base rat*is wheel Eaearatot lover 110 cu. yds.l , TR:i:R Gk1VKP5 Group Is :warehouseman and Teae•atef Group 21 Driver of vehicle or combinations of vehicles of 2 +slas flneluding all vahleles less than f tonsil Traffic Control Pilot Cat, excluding sovin9 heavy equipment peralt load Group 31 Truck m-3unte4 power efar:o Group 6r Ocivers of vehicles of coobinetion of vehicles of 1 asles Group 51 Bootmanr Co'ent Diatrlbutocl fuel Trucks Read Oil Spre+•let Truckl water Truck, 1 aefe Group 66 DUMP, or lees than 16 yards Group To Ttanslt•mla, under 1 yards. Du-peeete, less than 6% yards Group Is Truck Repalrsan Velpoc Group Is water Truck, l or sole sales f MW -7- • al DECISION HU. CAs1-SII6 Page If' TIUCA DRIVERS (Cunt'd) Group 101 fs and slallar type truck when pe(furming within the To+mstatel Jurladletlonl Pipeline and utility wurking T411ck In - eluding flinch. but llwlted to truck applicable to Plpellne and utility walk, hers a composite crew is useds Stuffy Drlverl ttuc% Grosser and Tlte■sn I50t per hour addition lot Tllesan) Croup III Tranalt-Mix. I yards or rotor Daw'pceete. 6% Tarde and over Croup I?s Driver or vehicle or combination of vehicles of e of more &ales Croup 131 [lump. Ii yards but less than 2S yards C Croup ]is A-rcome or Swedlsh Crane, or similar type of e.luil•■ent.• Wears folk Lift Delvsel pose C699141, highway Group III All off -highway equipment loff lilghway eosbinstlon of vehicles or equipment with multiple power sources, 11.00 per. hour additlonall l Dtir.11, 2S yds: Of moral True% Ptpalrsan Croup 141 truck Repalrsan Helder *coup III Lois sea Driver, f axis or over Group 116 Water. Full, single engine with atteelusenle ' Group Ifs wafer full.-tvin engine wltb attachments Unllsted elasslflcatlons nee4cd fog wow% not Included within the y scope of the classifications listed mly to a•Ide4 sftet award o�� .as peovlded in the labor atandalJs contract cl4uses f?i CFR. 5. I+lfllfllll. Yr.•1 1 , -i,- ew a/,{1 -'lL,.,:ni:�;']■i:l I n; ••r H1. 1nl a, �,•l e, Ina Am,r les, lYn ne, rat ■ngea lltrf •1•a1, r+•. Aeloal.ttnO. !son lull viplaln, ttnta t'aftsra, OA4 t'•hfuss [.•....l if of Caltlat all alt ff1. 1e M•YIIr afl.ffft' . CO-nnr f fla I*retsf flnueMfewfaf. Llne Cunstructlone Are, Afra S IT,Ot 1,61 GrrunA■aA Area i t]./7 1.0/ Limpaal Ielutl•ra•nt OF If us t tnsUllera i1.06 i,Sa C1,alaRog s RlnrlFie I&As1 a Cable $plscess area ]r p)ssterera' TrAderae fleetl{elaA■ ]1.1] 91e4.17 Area S eatle Lptteela ]t.l] plot./1 t,00relst Afra 6f Asia 1 11••etrlelaaa MOO lift. to Arca t Cal -le Splicers N.50 11./.!� .r•6eet Total wurtf raf l)rvalor C.nitruelorsl Rrve 6 8-IL-4 3f S,•flnalcr Nllf.sot Ileet.ailivil ]t.]t 012.6S atra 1 tt.•Ifr•fa IS.ST af].19 -fit,. F�elaeas 1'rol•al[f.ef+ry lf,rltvra 11.11 Area ] Arra ]t Alva / III•l4s'rl. Mat ae].61 Put I•alfonaly 9ld11-11ta 131.63 CI aIirr01 Ares I IT.6t 5.41 1rt+n►.•rlersf Ifnee t,tretors Stfoco Ylal. Grnar\ntal. anit rye ln(Ul eiwp a). 70 6.01 . Irrlgar101f a■A Loass 6lrinaleffs tS.04 Ih1 7.att,arsr Alra 7 1/.St 1.67 ►rta 1 1r.T9 /.5� Mw -8- 1 at 15 YIIFq/ I . rf It IY Rarftr • 1 7Il. T+ rtr 1, 1l i 79.1sY1f3,1► , 7{.Osttfl,)a 1 10.17 1�.3• M f/.0' tt.IL ).1. • �I 1i i f i v I 1Qk0) (r.g., tier. t%aillrge Ilnusing Art of 1410,113t• Frde-ral Watrr 1 odhttiun (!intent Ar.t, anti the Ihim4rig Act of le-) ;9), and in the rnftkrremrut of the tivcrtirnr pnrviwon,. of tltr. otrdrar.t wt)rk Ilttura tilandards Act whenever they are applicable to cuustrucfion wear'.. 'I'lkr part detsils tier 4imibalieam of contrartorx.and subcontractors relative to the weekly sulamimiun of statements regard• ing like- wage% paid on work euvrrrd thereby; torts forth the eircuntitanees and procedures governing the malting of payroll de• dnrtiuu, realm the wages of thnse tmpluycd on such work; and delineates the methods of payment liermiat'ihle uts such work. Section 3.2 Definitions. ar u%rd in thr regulaliainw in this. part: (a) The terms "building -air "work"generally include construction activity as diFtingiislked from manufacturing, funiishing of walrriala, air wrvtcing and nnaintenance aork. The lcrma include, without limitation, huiltlinlN. strurturrc; and iny.rt,%reaarnts of all tyl.r., snrh a, briklgr., honw. l4anlw, highway►, parkways, i.trects, subways, tunnel, srwett, mains, power. lion-%, ptintping alation ., railways, airl■.ria. Irrminal%, dock., pirre, Wharves, ways, lighllinti-rs, buoys, jellies, breakwater';. Irtrrr,•antl eanalt; drrdFiug, chairing. a.caffulding, drilling, blasting, eatavating, clearing, anti land.capiug. Unless conducted in c(irinect;aP. will, and at the site of such a huilding or.work as in deacrihed in lilt furrgoing sentence, the manufacture or furnish- ing: air nialrrial., wticlrs, rupplirs, air etluipntent (whether or not a Federal or State agency saluirce title 10 such materuls. arlicle,a,:nppliea, or eyuipowut during tile. courre of the mamtfarture or furnir.hing, or owns the materials from which they are ritaniafarttired or furrti.lie,l) is., not a "Luilding"air "waark" within like meaning of the regulations in this part. (b) 'rite terms "+mn-lructinn." "pn.wreutinn,'."cornplttion,"or"repair" mean all tytoes of work done on a particular l.uilduiK air work at the site thrreuf, including, without limitation. altering,rernudeling, painting and decorating, the tran6port- ing,14 inatrrials anti supplier lc, air front the building or work by the employees of tlke construction contractor or construction atubcontractor, and the relanufaeturing or furni,•hing of materials, articles, suriphrs, of equipment on the site of the building or Matrk. b) 1••tsmn. ernpltayril at tlke Ntr by the contras for or aulicunlrectur. M Tlae terms "jkublic building" or "pulilic work" include building of work for whose construction. proReeution. tons• pletion, or repair, as defined abuvr, a Federal agency is a contracting party. regardless of whether title thereof is in a Federal . ag;rury. (d) The lrrin " huilding car work financed in w1wile or in part by loans or grants from the United States" includes buiiti- ing or wear', for whmw reank.truction, pruwcution, cohipletiun, or repair, as defined above, payinent or ]kart payment is made dirretly or indirrctly front foams lirm►ided lay loans or grants by a Federal agency. The term does not include building or work fear which Frdrr it as.i-laurr i, hrnitrcl solely to loan guarantera or inikuranre, (r) Ea rev prrme n paid by a eonlraetor air sultenutraetor in any maniter fur his Ishor iii the construction, prosecution, a a.mpletioet, or repair of a public huilding or public work ate building or work finan. ed in whole or in pan by loans or grantti from litr t'nileil Slabs. i, "rinployril" anti receiving "wages," regardlrr,s of any contractual relationship allrged to exist between hima rntl tla rt.tl rn•l.l„yrr. (f) Th.• Irrm "airy affiliated'perann" includes a spouse, child, parent, or other ciosr relative of'fie contractor or suh• tttnlrarl.tr, a liarturr or eaffir.-r of tier coitlrartor or s.uhcontrartur; a rurlmratiun chaauly eonn.•aited witht the contractor or Molm-mar.icttir a% parent, .nl,-adiary air uthrrwika-. and an of fires or agent of such rurp4rtt4orl. (9) The Irri n "Frdrral ageitcy" mrans the Ignited St step, the District atf Cminmhia, still lilt executive drpartmen1% in• d.•prltdt eat r.tahli.lknarn(!., adrskirt61ratirr agencies, milli inslrtirnentalitirki ail tier landed Sl.ttri anti of lhr District of CAAmnbia. including rorloeiraliuns, all air suh,tantially all of tile- Flock of wlsirh is henrfiCially owisrd hi the [United States, by the f)imrivt of Ca-lumhia, or au) of tier fureg;uilig tlrpnrtnscntw, ralal,lishmrnl+., a€encira, and instrnlnirlilalitles. y Section 3.3 Weekly statement with respect to payment of wages. r (a) A: u,ed in lhiw %erlittn. Or irrnl "rntpluyer" .%nail nett apply to perwina in clawg-ifiraticins higher than that of laborer or mrrl,anir Intl lhu>r ahu-are Ile• inunrilialr suj•rrviwarw of such raiiph,ya•ra. 7. HUD•3200 (L) F.a.il ralsitrarluror o0scontrarliar rugngrd In the eunetruchoct, prow-cutit►n, complelion, or repair of any 1-0,11t `� 1,tuWin6 rsr pulatic wurlt, ur 1,uildiug ur wt,rit fivanrrel in wisrii.: ur iu ],art ley luuu, or gracaia from liar. llalit ed 7tAtra, a11,111 furn�,lt call] w, rk a statement ..ith rr+.prrt to thr Wi1gVb l•biel each of il„ rnlleiuyrra r.1lRrprd un wt,rl. i u►rrrd by '3r} t'1'lt 1'.,rIn :1 and �i during I11r preve AISig wl:a-L1) p.ayfull tarried. Thit. Set air all rsit ,.hall 1W exec111rd ls1 the tton trartile a+r sutl1-un. trdrllsf tar Is) All aulhofitrd offlerr tic rlulttuyrr of the euntrrM91' air e.lil+artlutractof r,lite aupt:fvi.rb tltr t,sytlsrnt of ways,, •cad shall he tut f 'fm U'lt :t Vt. "Strtritlrut of t.ltlttpllatiev", air ails all iduntlral (tarts un the I.at k at( Wil :117. aytull (l'or gull• . 4 f iv ta.fa 1111kit.atil Ut.'l.. tar ale atty furor with ieIt! iltlral wurth11g. Sint ple rubies of W11 317 &mI WI1 3-111 tttay lte ulatatttv-1 froin the Go%ermiieilt elealtra tllig tar s-punnurii-g i —iw), ale.] i7ll+eel. air Ow.. foruls tlwy Ise plafrlea +'.I.11 Ilea GGslectrulit•tit I'llotlill: t lrtPell. (r) Thr requireiocrlt■ tit this e.ectimi Rhall cant alil.ly to stay aa,narart of S211,i1t1A ur Ir-a. (41) 111son a written findin,, I+y the hear] of a Federal iigency, thr Scerclary of 1,al,nr niay proatide rt:aylnable limitation.. aarialion., Italer.lnrr�•, rue] exrnepti.mv frinu the rt,laairrinecata of this acr.timl blibjcrt to burll ron,litiuna a, the Secretary for i aht.r nisi? b1 miry. . 131] Y.H. 95. Jan. •1. 196-1, it anirmlcil at 33 F.H. 111111fi,)uly 17, 196111 Section 3.4 Subntission of weekly statements and the preservation and Inspection of weekly payroll records. (a) F.ach 14e41y statement relluired undrT § 3.3 uhali lie dchvetetl Ley the contractor or slilacontractor, wiihin seven daps after the rrgulsr p:lr•nirut date of the pays.]] Is.riud, to ■ t of a Fedctal or Statt agency in charge at the ' site of the imilding or work, tar, if there it tul feprrt,entative of a Federal or State agency at the bite of tlit Wilding or work, the %tatrnitnt leli.tll 1w. tnailcd lay the contractor tar buitcoritract of. within arch timt, to a F'tdrral or State ageticy contracting " (14 car filt,11161lg 11M building air work, After barb ex.tutinatiun and check as may he etude, buck istateulent, or a Colly thetrot, bhrll lie krl+t rt•.IIa1.1,•, is, ..hall lie Irdousmillyd Inwrthrr with a relnirt of any violation, in accorddrice With apl.lirahlc procedures leri•rribrd ley ilte lluitral Slairii i4•parlrtarcal of Ialmr. , (h) Each cnntrartur or subcontractor aliall prriterve his weekly payroll records for a period of three yeari from date of complrlusn of the cuutr.icl. The p.lyradl rereml.e shall rr•t out accurately and ennlptrtely the nainc and address of earls laborer .lrl+l nircharue, Isis correct rlaaiG. alir+n, rate of pave alaify and werkly nunilier of hours wurkcil, deductions made, and actual a.erri paid. Surli p.a►re,11 rr-rurd,:hall for marls available at all tuner fur ineprctiun by [lie cunlractiog officer or Ilia authorized rrlerewtolrlive. a11111+1 :iull.t+rizril rcprrb•:nlativu. u( the i claartrnrnt of Labor. Section IS Pay'rr)il tleduc6011S permissible without app'icztion to or approvat or the SecYerary of Ubor. llriluclhinis mallet usulrr the cirrunlblanere ter in the riltulium dClecrilied in the paz2graphse of this "Ction may he made _ i..ithuut Application t„ acatl approval of the Serre•tiary of l.al,or: (a) Any alr.lu..t:i,aa ma-L. in toull,li.ln¢t wills the rrtluirtntents of Frileral. State, or lural I,aw, such a,s 1'rdefal or State withI11.1.1111r inst. m' t4tra in11 F•rtlt'fal ..trial M•t•ority taxer. list •Iny dutlurtiisn tat satrlL, prrvio4i4y poi.] to the etnitloyre as a hnna fide rrrpay'tnent of wage& when such prel•avrnrrit 1: ]sale]'. W111.61.t tha.nua.t tar ililera•rl. A "bimi title prcltaynimil tar wagrM aA etsneidcretl In tW►.• herb inadc only Nlern c.a!bll air iln rilimalrnt 11.aa Istria ail►lnre111 tts the per:••1n rinplu7ral in auth nrinner as lu giac hint cmill-lcle frerilnnl a,f cls,lr,srllun ul Ihr. aj%Ai .'r.1 cowl-. (e 1 In► ile.lut'linle a.( inluunta reelniri•d ley i'mirt procrits to he paid to anollirr, unlrm thr deduction is in favor of the riacalnt 14•r, aulietic irrrlor air stay iffiliatril l,er,+)n, tar when ri,llu.LLin or riellrh irati.in axial,.. Now .w: H60-3200 (d) Any deduction ")nstitutin g a cont rib utinn on behalf of Ilie perwn erniikryed to funds established by the employer or rrprrwritatives of einl►luyeea, or hulk, far the Ilruh,l►r. of pnividing richer from principal or incorne. or loth, medical or hospital earn, pensions or annuities on retirruient, death hetiefits, compentatiun for injuries, illness, scridents, sickness. or di..ab►lity, or for int.urance to provide any of the furcgoing, or unemployment benefits, vacation pay, saving accounts, or i•inular payments for the henefit of employee+; their families and deliendents: !`rui•ided. hoverer. That the folln%ing standards are tnel; ( l) The drdartiun its not otherwise prohibited by law, (2) it is either. (i) Voluntarily conwented to by the employ re in writing and in ativstice of the period in which the work is tit he done and such cownt is not a ronditiun either for thr uhtainirtg of air fur the runlinnation of rnlplt►ynrrnl, or (ii) provided for in a lx►na Gale rulleetive bargaining, agreement be. I%ren the rnntrartmr mr t.irhruntrart(or anti rrpirm-nialives of its employers; (J) no pn)fit tar other benefit is otherwise obtained, dirertly or indirectly. by thr rutttrarlor air imlicontrarto► or any affiliated peraun in Ilse form of conirnis"ion, dividend, or utlirr%i-w; 21311 ( l) the drdurtiunit shall serve the cone enience and interest of the employee. (e) Anv de-lurti+u► remirihutiug inward the, purehst.e of United States Defense Stamps and Bonds when voluntarily authnrirrd lay [be rneplt►yer. . If) .`riv dedurtiou rr,lurktrtl hV the erripluaer to enable him to repay loans to or to purchase shares in credit unions urramird and oprralyd all arrurrlance With. Vederal and Stute credit union stalutelt. (4) Inc driturtimi voluntarily authorized by the employee for the making of contributions to governmental or quasi. rovertrmrntal agencies. surly as till- Atnrrican Itrd Crui,s. (11) Inv deduction voluntarily autlmiixed by the employee for the making of contributions to Community Chests, United Giver•i Funds, and tirniliatr charitahle orgitaizilinns. (i) Anti iledurtimit it1 pay rrgiilar union initiation Pro antl membership Burs, not including fines or tpeeiA as mm'enta: I'rtlr•rrlyd, htlil-eurr. 'l'11at a callrrtive bat„ainlnl; aLTeclllrnl between the contractor al- subcontractor and representatives of its enllth,y yes provides fur such deductions mid lite deductions are not otherwise probihited lay law. 6) tiny drdurtion nrit more than for the "restional►le coat" of hoard, lodging, or other facilities meeting the require• mrtito- of Wirliutl :Kill) of [he Fair farlx►r Standartln Act r►f 19:111, as amended, and Part 531 of this title. When such a deduction is 111.t414. the additulital rectirds required undrr § 516217 (a) of this tills, $hall be kept. Section 3.6 Payroll deductions permusihle with the approval of the Secretary of Labor. Any Contractor or subcontractor may apply to the $ecrelary of Labor for perm6ion tit make any.deduction not per - mined under :.5. The Secretary may grant permi►uiun whenever he finds that: (a) The contractor, subcontractor, or any affiliated perenn does not make_ a profit or henefit directly or indirectly from the dediieliiin either ter tlir turns of a eonisniminn, dividend, tar utherwlK; (1-1 Thr deduction iii tint atherwit.e prnhihitrd by law; (#.) The ticducti,in i% rithrr (1) vnhnitarily eonrrrrted to by the employee in writing and in advance of the period in which lite work 14 to lie dune 21111 wr11 rorm.rrit is not a rond►iitrri either (tit the obtaining, of ernploy merit tar ill; continuance. or (2) prtividrd fair in a hams fail#. crtllr.ctive hargaining sigreenient l,rtween the contractor tar suhruotractur and reprwritstiveF of it+ employ res; and 0) Thr 4imuetiun serves the ronvenienre and interest of lite ernliloyre. „ .9. H uD-3200 Section 3.7 Applications for llte approval of the Smerary of Latxlr. Nftr Any application far the mAing of payroll drdurtiunss untl:r § :1.6 alsall comply with the rtcpuin•mrma presc•ril,ed its ills i fcclluwmg p..ragraplsa of tlus s.r eliuo: (a) The application &lull II.: in writing &rill shall fir arhlres..ell to ticr.-Secretary of labor. (h) 'Else alcplicrli.sn shall identify the t•cuttract fir contractle undue which the work in clueetiott 6 to Ice petfurmed. Ycr- rt+i>+ion %ill lip gimt fur ticJuctlama imly uit apeciftc, identified coulracIs. except ulsoo S ►lluwittg of carrptit MA rirl-Illllatiner.t. (c) Thr applitation slcall 0.61e affirmatively tl.at there is ct,mishance wills the atantlirdip W t furth in llte pruviaimmi of 3.G.1lie alftttttativa als,ltl Its- tnt-ottcpctutcd by .t (IIR atatt:ntcul tcf tile. (acts in►ltt:atiuyl curb c411iti.t4nc C. (d) 'File application,sh.,11 include, If elan-riptiou Isf the prolc•ased drductiott, the purl.u.c• (o lie sirrvrcl therthy, and the cta.v.ra Iit Id if ur mcrh,cnirs Itcsfll vehUwr wAgra lltc pnrlx+ac+i dell uctiun would I.M. ,made. (r) Tit-- application shall state list. name and hu.uuraa of any thiril lsersnn to wfcorn any funds uhlainet) from lhr Pru• lwsrcl Ilei ucliusss are tit lie tr.soa+n111rJ and lhc,lffslirtiuu of aut•II I,rtton, if any, Midi the applscanl. Section 3.8 action by (lie Sk: rctary of 1.alxtr upon applications. 'Char Srrtrldry of I.al+ur shell deride whelhrr fir nc+sutls.r rcyurslccl dedur6un is pertnia�il.h• under pruviaiune of § ;i,fi; anal 611r11 fluelf) Ilse applic•rnl in wrilie.o t.( Ill.-. Ib-, Is.iun. Section 3.9 Prohil,ited p:lyrr,ll deductions. i Urdu, tis,ns not rhrwh+•rc provldusl fur by this part and wisi%:ft are not fourld to Le permitMiLle under § 3.6 are prnhihited. Section 3.10 Methods of payment of wages. 1 he p g ncrlsl I.f ga,r•a alsall Ise by cask, negotiable insslrtimenla pavahle on demand, esr tits- additional fomt: of compurim. ti•sn for %.lu• I. its .Itsrli..u, err pvrimsull,lc: uudcr this pArt. Nu ut1 r tlteticuda of payment abill lie rcwgnitcd urI word, rubjecl tit the l<.vrlaml, slut. Section 3.l 1 RcguLt ions part of contract. Ail cutttrac-to mmir r, tth rralscr-t to the constructions l.rusc:nstiun, eompletiou, or repair of any public building or public work ur boiilJsng or wurk fits merd it. whole or in port l,y loans or granla from the tfatled Stairs, euverrcl by late regulitiems in tl i., pert shall esiplcvlf Lind the ec.utrartur or subrunl-.1clor lu eumply with sheds of the regulations ire tbia' part as may Lc als- plrcahl.•. to [IUD feX.lyd. BLC ta• J.:h j+j of tlti% anl.ttllr. USGOv[A.:iCNtPn.,ttL?,GO9910E: 194-raL-099UM {This aff-td.'Vvit shill br, exPrutmi, in djrjjlicnt•s, by the surcessful hinder in nc'cordanrr with instrurtions in tha Fedurni m riicirements fa- this project. ilidfilor may execute the affidavit on this pane and the follawinq page at the time of submitting his bid.) NON-r:01_LUSInN AFFIDAVIT To the City of Huntington Beach, Department of Public Works: Thr, undersigned in submitting) a laid for performing the following work by contract, being duly sworn, eciioses and says: That he has not, either directly nr indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive biddinq in connection with such contract. lf ignature Ot Bidder A Business Address Place of Residence Subscribed and s-w am to be fore me this day of 19 Notary Public in and for the County of itatr. of California. My Commission Expires , 19 -1- CITY OF HUNTINGTON BEACH f 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 20, 1983 Terra -Cal Construction, Inc. P. 0. Box 8278 La Crescenta, CA. 91214 J We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff flop Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yopr interest in submitting a proposal. Alicia M.•Wentworth City Clerk AMW: b t Enclosure (TKepho", 71463"2VI CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 20, 1983 Tom Downey -Contractor, Inc. 2364 Burnham Road Ojai, CA. 93023 We are returning your Bid Bored which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for yop r interest in submitting a proposal. Alicia M.' Wentworth City Clerk AMW:bt Enclosure ITahphons: 714T-A42a1 V CITY OF HUNTINGTON BEACH 2000 MAIN STREET April 200 1983 OFFICE OF THE CITY CLERK Valley Crest Landscape, Inc. 1920 S: Yale Street Santa Ana, CA. 92704 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the construction of the Bluff Top Park in the City of Huntington Beach, Project CC-597. The contract for this job was awarded to Allied Sprinkler Company, Inc., of Anaheim. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M..Wentworth Ci ty C1 erk AMW: bt Enclosure 9 IYO•phonc 714-63"227) ,'This of fl-dSvit shall hr! exeruted, in dtiolirnl-!, by the successful hidder in nrrnrdanrr_ with instrurtions in the I. ederal rinnilirrinrnts for this project. i3 drIor tiny execute the r, a f fidavit on this pare ar.d the following page at the time of submitting his bid.) r NOM-Mi-L.USION AFFIDAVIT To the City of Huntington Beach, Department of Public Works; The undersigned in submitting a laid for performing the following work by contract, being duly sworn, dcposes and says: That . he has not, either directly nr indirectly, entered into anv agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. f . ionature VI Ijidder r / L uslnr:ss ► edrer's , Piace of Residence Subscribed and sworn to before me this of Notary Public iin and for tree County of , "Antn of California. My Commission Expires , 19 day -1- STATE 4f CALIFORWA, Oran a ss. COL'hTt Cf g f)N March 21st tg83 E4NOT�tq C1 Ct� E MAL- S before. me. the unders'geed, a Wary Public in and for the said State, persona'ly a;peared ARY Fveuc . :LFC, RNIA known to me to be the oFtANc CO� Presideof, and o er i c o knowla me OJ1 Y Co Espne AIt, 1986 to be the Secretary of i e prink er �o . , Inc. ACKYOwtEJGYENT—taro.—Pas. A Sec—woreotts Fotra 226—Ke..3.64 the Corp Cation thz: executed the within Instrument, known to me to be the persocs who executed the within Instrument, on behalf of the Corperation herein named. and acknowledged to me that such Corporaticn executed the ter thin Instrument pursuant t3 its bylaws or a resolution of its boa•d of directors. WITNESS my hand and official seal. � Y Not iry Public in a for said Stale. .dY The e00a and •Ibesres of all orher psuions, bosh oetwal and eorpodfr. Laving a s*bslonitel rwo«*N .n the ynders.yndi. fo) The so*es, addresses and feed* daslilicelios, of elf olha lyddt+y e*nstruclion comfeclors in which the badersipt*d has (SelruwrreewrJ B— (Stje*trreJ (Tyyrd 5we..•gad ride) WL+IM n e r..e... al r.•A Becuo. 1010. Tub 1e. U.L.C., provides in pam "Viveit. r..... �sb se, psss*s. Wne►s, or publssb*s sty st*i.... 0. kw--, the eerw* to be f*ls*..... s►e11 N flood sol wan Ikon 35,000 or uspnsosed not nor* 1ke+t two Vests, or book." *16 GDYfWmfkt ►YIMI111G (ViICf: 1118•6911-W1582 2b (Exhibit 2) EMPLOYEE CERTIFICATE OF AUTHORIZATION Lt. is hereby certified that -the employee listed below is the person :authorized to compile the weekly payroll report, distribute the wages to the employees and complete the various forms pertaining to the prevailing wage requirements on behalf of the individual, firm, partnership, corporation or association in connection with the construc- tion of the project: Pro]ect Number) Project Name (Type or Print Name of Aut orized Person) Signature of Authorize Person Name.of individual, firm, partnership, corporation or association: * *Signature (s) of Responsible Individual (s) : Date: Signature (Title) Signature Title Signature Title Signature (Title) -3- (EXI;1111T 3 ) EFFECTIVi:: WAGE DETERMINATION WAGE, DETERMINATION NUMBER: MODIFICATIONS) AND SUPERSE:DEAS DECISION(S) TO VE WAGE DECISION h'Ul•1PFR(,) : 11110 FCT NI MBER: 1'H0JFCT NAME: I'Vo -JECT LOCATION: '11i.- attached wage determination and modifications) stipulate(s) the 1•IF1111PR.1 basic h-lurly wage-rate(s) and fringe benefit(s) which may be paid 'to the classifications chat are to be employed en the construction of this project. A DOPY OF THE: DETERMINATION AND MQDIFICATION(S) MUST BE POSTED AT VIE :;ITE IN A PROMINENT PLACE READILY ACCFSSABLE TO ALL WORKMEN. CLASSIFICATIONS OMITTED FROM THE WAGE; DETERMINATION HcCulations of the Secretary of Labor, 29CFR 5.5 (a) (1) (ii), require that classifications which are not listed in the wage determination and which are employed on the construction .of the project, shall be classit'iedi- oreelassifie(i conformably into classifications listed in the determination w)iic are similar in duties and wage rates. Irr the event that any classification must be fitted into a c#n;;sificat is-'ri In the wage determination, it is required ttat you contact this &,ency,ft)r :assistance. ALI, CLASSIFICATIONS 1HAT ARE TO BE ENTLOYED ON THE COKSTRUCTION OF 1111 , I`R0.T1-A''r P11vr BE: LISTED IN THE WAGE DETERMINATION OR ESTABLISHED PRIOR 'it) 111EIR I3II'I.Ui'lll..1'� ON nJE (:OI'ZTR1JCTIU1J SITE. ::FC. �4.. !ION -PROFIT IIOSPITAl..S, 'TITLE X LAND DEVUOPRENT AND XI G-HOUP 1 RAU'i Ii F ) A,": '1 I ri•; AND UNtrIIALF SHALL BE PAIL) FOR ALL HOUIL WO1 E:D OVE:It H 110U116 YER DAY AR!VH; :. ALL 011IEI1 INSURED PROGRAMS REQUIRE MAT TIME AND ON&HALF SHALL PE PAID FOR AL1, V)101 ED OVER 40 HOURS PER WEEK. -4 - IN LIEU OF PAYROLL Whoa a sube-nit.rac:tor performs the work for a project by himself, the follow itnq statement is required IN LIEU OF PAYROLLS.' This must be ACKNOWLEDGED BY THE PRIME. This is to verify that the undersigned SUBCONTRACTOR is the sole owner workman (or consisting of ( ) partners) en9ay0.: in completing the work of the subcontractor and'that'no other person has been or will be employed in connection with this project. Please submit original signed letter. Signed ACKNOWLEDGED BY PRIME CONTRACTOR Signed. Date vicase identify Project Name and Project Number.. , . (EXIllj+IT 7) I.WILOYMEUT O N'i'lii:N'1'lt:F:�1'l'ItAltr'1•:F:� Apprentice. will be permitted to work as such only when they are registered, individ- iujlly, wider a bona fide apprenticeship program registered with a State apprenticeship agency. which is recognized by the Bureau of Apprenticeship avid -Training, U. S. repart- nent of l.:itx)r; or, if no such recognized agency exists in a State, under a progrnn registered with the Bureau of Apprenticeship and Training, U. S. Department of Labor. The allowable ratio of arprenticen to journeymen in any craft classification shall not lx; greater than the ratio permitted to the contractor as to his entire work force ender the registered program. Tr.-►inees will be permitted to work as such when they are ix wt fide tr allice;, plar;uant to a program approved by the 11. S. Department of Tabor, Pureau of Appren+.rr- ship and Training. A,iy empli-yee listed on a payroll at azi apprentice wage rate, who is not n trainer -•r is not registered as above, shall' -,be I1r,id the ware -rate determine] by the : ecretar;: of Labor for the classification of work he actually performed. "Aurrntice" means (1) person employed and individually registered in a bona fide apprenticeship program registered with the 11. S. Department of 1,abor, Pureau of Appren- ticeship and Training, or with a State apprenticeship agency recognized by the D.Lr•eau; or (2) a person in his first 90 days -of probationary employment as nn apprentice ill such nn apprenticeship proi;ram, who is not individually registered in the pro�rrjm, but. who Iris been certified 17 the Fhrreau of Apprenticeship roil Training yr a : t.n t e Apprenticeship Council (where•nppropriate) to be eligible for proUttionary employment as an apprentice. "'Ire:irtee" means, a person receiving on-the-job training in a construction occupation under a program which is approved tout not necessarily sponsored) by the U. F. D?pnrt- ment of Labor, bureau of Apprenticeship and Training, and which is reviewed from time to time by the Department of Labor to insure that the training meets adequate standarr;s. (Refer to Exhibit 7B for further instructions) COMc'LETE EV118IT 7D for further instructions.) C0;.PL0'V FXHIIlIT '/-A AND S UICIT 11' IS REQ11E.STED THAT: Al i'lti.i.1'li:t: INDE141U1tf: PAi'EIZ MUST 11t SUL44ITTED W1111 1111: FIRST PAYRULL 113E Ai7`It1 NT1t-1-.':- NAIL--; APPEARS ON TRAII-ILE. AOREIrMEHT MZT W SUMMED 11) R.CGIONA', LABOR 1tELAT101 UI•NCElt FOR )OXIi•.:+I A:::- 1.1'i'ItOVAL PRIOR TO TUAIry'EW BEING V-1PIX)YE) ON 110 PROJEC'M. - b- (F-411RIT 7_A) CONTRACTOR'S RATIO OF APPRENTICES/TRAINEES TO JOURNEYMEN FIRM NAME: The following is a list, of my entire work force employed on all .SLnte,' Private, or Feder. -ill firs need or- Federally assisted construction projectsfor the county stated below. The prupose of this list is to satin fy .Conditinn C, of the Supplementary Conditions of the Contract for Construction Article 1- Labor Standards - FHA Form 2554. COUNTY: LOS ANGELES AS OF July 11., 1972 (Date) (Note: Do not list the name of any journeyman or npprentice/t.r:jinee.) • AP1'RE?TfI CF./T1iA I NEE, JOURNEYMAN CLASSIFICATION TOTAL CLASSIFICATION AUTHORIZED SIGNATURE: TITLE: 7" M �w� k..Oi 'rw1 ITS! APPROMPM ITDI WITH UNIT PRICE Ly"M NO. QUA%TT, Y WRITTEN IN WORDS PRICE TOTAL 25' High Palms @ r« je /4.-., jel-- _ ✓ 3. 3 Ea. �..., ,17' ,c ^ Dol/d es Each .— c� .1111V ✓ Each 3 3.2 23' High Palms @�', 4. 2 Ea. -77-,0 �,1(yr.25 Each .^ Each F,20 20' High Palms @ 2%,etir- 5. 3 Ea. Liz S. x _Ltl/r3 ►2 5 VEach 18' High Palms @ f 6. 5 Ea. ��-yrex2(- p #00 Each -5321 �` , _ _ 15' High Palms @ Vic., �� !—t t7 ✓ ✓ 7. 9 Ea. 5im eL21,T adh/ cs Each Qa 1 OC1, Each a,VIz 12' High Palms @ 74-.,e, 8 . 9 Ea. l J�FJ 101my s Each a7fS ✓ Each 10' High Palms @ op.* 14• dlylr �d V 9. 1 Ea. _ f'e /��/Iih2S Each „ ._ _ � frQ4 r v Eacli / o 8' High Palms @ 600f- f % ✓ 10. 2 Ea. : ► (4 ►z hj 7 efr Q1,41Y15 Each _ - s ,1/3 ' •c Bach Ground Cover @ {r i r€� J CF•✓ 1 f ✓ 11. 4,860 SF Per SF ,rb' Per SF ,7s Stolonized Turf @ c.�2 ►an l ��, 12. 34,725 SF,,7Z� -�Fzv73 Per SF +611// Z Per SF P-9- ITE`i APPFMO NATE ITEM Wnli UNIT PRICE MIT NO. QUP,'drlZ'X wPaM'T-I iN WFOS PRICE TOM 30 Day Plant Establishment Period D. LmV Sint @ rrc rZ. . , c�,rc-L xc+F,`1=1, ump sun. Z�J •�� i),r r10 1z S • ,� Lump Stan 60 Day Maintenance Period @,��, F ✓ 14. imp Sum . o,. - 4t cf►7t-ct T,1 Stan _ rll�,� ALTUMTE BID #3 TOTAL: $ 3 , .27 ALTEM= BID NO. 4 Irrigation System @ rh, cl 1. 39,970 SF 'i E- 7F7,/1S (nJ7� Per SF Y Per SF G sus, cr Soil Proration @ , i ✓ 2. 39,970 SF _T i yZ1ji ('o j • .I Per SF . 4 3 Per SF Stolonized Turf $ S." 4 r�=d o,,,� � ✓ 3. 39,970 SF 7&,`1 x C6v73 Per SF .0?j� 77 �. Per SF 30 Day Plant Establishment Period 4. IaT Stan @ . ,; a _A= -j Lump Strn ^ ?; J Ltd Suit 12s 60 Day Mainterw ce Period @ 5. rtatp start �� o curl" rrp Sum ��9,, ✓ Limp sun �7s'..f.- AL=,m. = BID # 4 TOTAL: P--10- It is understood and ag eed that the an=tximate gmnti.tle�s shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's caapensation ,.rill be carputed upon the basis of the actual quantities in the ccupleted work, whether they be mare or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 180 cale-kdar days. I€ awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the elate of apprrnal of the contract by the City of Huntington Beech, California. The undersigned has ommined carefully the site of the work contemplated, the plans axd specifications, and the proposal and contract farms therefor. The submission of a bid shall be conclusive evidence that the bidde has investigated and is satis- fied as to the conditions to be encountered, as to the character, quality, and scope of wok to be perfonTed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. JL-�Y this proposal is- -t4 6 ,`c lc i r�5 �?,�_ ($ tMICE: insert the words "Cash," "Certified Check," or "Bidder's Bork" as the case may be, in an am ant equal to at least 10 percent of the total bid price, payable to the City of H=tington Beach. The undersigned deposits the above name securit•.1 as a proposal guaranty and agrees that it shall be forfeited to the City of Puntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the foaa set forth in the specifications and contract d=ments of the City, with surety satisfactory to the City within 10 days after the budder has received written notice of the award of the contract; otherwise said security sha11 be returned to the under- signed. Licensed in accordance with an act providing for the registration of contract Licersse NO. .771P75_Sr . r-_j Signature of Business Address 2L2 f �Pf-T1 ,f .J L'A. ,rlY,ArJ), Place of Residence Dated this �� N day of _ �� h , 19 Bidder sh-,ll signify receipt of all Addenda here, if any: Addendum No. Date Received 5:�1/ _ -5//L/2,- -16-& ,Yf. - 2DA---5- ^_----. P-11- '�\��1C��►. � �\ alai. ��■ i7 ��1 �i Bidder is required red to supply the following infornation. Additional sheets may be attach if necessary. 1. Firm Na—: _ �111'r�� .?��v�C�,A Z4 2. Address: 2S2l��_ 11•) fr A.Vt ; �• 3. Telephone 74 l 4. Type of fi=- r&vidu3l, partnership, or corporation.: LA"ca'o i i o >✓ S. Corporation organized under the laws of the State of: • ��'�'��C,tJ,14 6. Contra=r's License Nwber: ? ZE 7.s 7. Lust the name: and addresses of all marbers of the firm cxr names and titles of all, officers of the caxporation: 1 8. Naber of years experience as a contractor in constn=tion work: 9. List at least six projects completed. as of recent date: CMIMA= CLASS CF ATE AMTI' W XM cagl ID • M-M. ADDRESS & PHONE N'L MM Cr CTA= �s eoo �,�sn �.c,Yo�J , �I� , 3,110 C «sue .� ?fgnK• .� ��'K- ef�l of 5•�✓ ��,3►� c��., ?ll� ift} s +ter; n1 /Z,S9/ �Z r -• 3- I / Qj - / of W ,-,,;NrY I 706' 1,w5ltu c 4,-) - 7-2 - % 3 177 hll� E'z c Yflc'1G 1AIL-1 IVY/ 10. List the name of the P}son who inspected the site of the proposed work for your firm: _ Clny,110 r, cRC-1- - - - - - , Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial state.mt, financial data, or other infonmtion and references sufficiently carprehensive to permit an appraisal of his current financial condition. p-12 DESIGNATION OF SUBCONTRACTORS rn carpliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Govermrient Cade of the State of California, and any mrndrents thereto, each bidder shall set forth belcw the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or irrprc-varent in an c-a=t in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Cnly one subcontractor for each portion -shall, be listed. If the contractor fails to specify a subc=tractor for. any portion of the work to be performed under the contract, he shall be denied to have agreed to perform such portion himself, and he shall not be permitted to subcmtract that portion of the work except under the conditions hereinafter- set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public e-P—rgeescy or necessity, and than only after a finding reduced to writing as a public record of the legislative Body of tip. owner. PC}RTICK cr WOM SUBOMMAMMIS N ME AMID AmDRsS STATE LICENSE NUMER CLASS e,. Cie PC_ rat �- e ,rr--.ems Co ►vs�— C 1.� ?phw flEt.% r By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all su-1-contracts entered into and bonds furnished by subcontractor for this project. p_ 13 EMPLOYEEJINTERVIEW. Controo No. LABOR COMPLIANCE Fed. No. and EQUAL EMPLOYMENT OPPORTUNITY _ °v�e;°^ -- -- 1. TO a MUD IN By TlDH(Dom may ba eMahmd fmo hynil Records) frrrpis►yne: hVa�we -_ ; .. _ _ __-- _ - .. Labe. Cj"Whatiow .... _. . . AUrAmwn base Wage Per Contract: Bose Raft _- . _- _ _..'. _ _: Fthq+ beneCit . �- -- - - AIMIsmm Buse Wog* Per Payroll: Bj.e Itata . ._. ---- -•- _ Ftk*o B,wwfita -•--_ 6wpisrer� -- _ -- - _ _ _ -__-• _-- -- _ -_ Pr;ene Cowtroclar ov+ tow Wojeci I6F PAN Is. •O 87Ani Work $@Iry Performed at 7irtw of lnlorvifw _ S. QMTM)Mf TO U ASKED Of RNKOm A. How h" have you worked for row pmwnt *mooyar7 _ ' _ Huse brp on ow projm? _... -. S. Douribe *a type of work you have ban dok q do4-9 M.r peo week - C. WIm is roar wage? base Rat# _ _ _ ._ ..._ _ _. _ Fr.rgo Benefits _—. _ (Compare to payroll) D. Do you work overftmet ❑ Fregwnfy ❑ SA&Ad p Nwo 'E. Are you Paid tirrre and ene4mV for overthp ? _: _ _ If no, mcooN F. Qa your keep o record of the boon you work? - - ............................ ............................---•...........................................................................---....................................... Cs. Hae 1M corrfracfer discussed Labor CawpllanceDid 6 dared yetr elim is to the regerired Parrs, :he project? Have you men those P*oLvb7 If rw, explaLi . AM y►.0 •. we of A0 C.ontradon EEO policies? Does the CaWactor haid fAr-Aw EEO mm*4p? - How 014 •(t1 _— Who conducts fbe tama'.07 Who b the Imo omm for ),Vw emplay«t _ - H none, who b the !SO officer far the project? - - 1. Has yaw empk yew Irdorwr.d you of updrod'Hp and trojWng per m1P Ih:tne - tpl-I — - 1. M you Mterewrd in parfidpatinq In trainkV for M96v sRUI work dassMaWloes? X. Who uhion and who pmagery entity nervd@* IIw cnllec*m bmIdninq agreef m* you writ wWw? Nome both A. ADN I N MAt LIONS KW OWNM CMATONS A. bgdpment deepiption-- • Truck Ucenw Pia. — .—__— _ • .._ _._ Unk (Cat n tie. Heurir rate (fvily operated and maintained) Bore ogtipw"nt r ft B. On who do yaw hose row eglripwAmt rote? An I~sy ❑' weekly ❑ owl ly ❑ rental rofe. C. Do you o.rn the rgwpn,ent? -- May I ser y.ur cn+t:ticafe of o+rnenhip? (Interrirwer - mote) l.p.l t,wrwer: bole ed Owners s. IMPLOVS oorww�rrs - A. Do yot hove DAY cowrsmewws or compiaMn about v.oprs or EEO pokios? io spetiAc. s. m mvN1WlR*5 marts Daft ,� DIRKMONS TO IM"RYIMM 1. fill in Section 1 from payroll records after infer.iew. 2. Fill in Section Z comp'etely. (Does not apply to owner operaton) 3. Fur in Sedkm 3 canpWety. I. bwplar" ooMmenM optional in Section A. S. IMerviewrr coramoft s on findings and recommend} further actions to be token. Arinch odditicnol Sheeh If n»ceuary. 6. List 5 employees in same work crew Cherie interview was taken. 7. Idat balawo of expl"es in this voart *rev by claseilioatioa. Vlan Work Classitiattion Laborer Ceseat llssoA Operating usiaeer Iroa:rcx or Carpenter Teamster =leetriatan Other: 47-CO-90A . - f CITY OF HUNTINGTON v BEACH: TO The f o I Iol.ing job class i.l i.c:ation-, wil l be itsed fo1- the Comp lrt loll of worn on Cash Contract # , by the Contractor- 4. 7. Cuntractor * Purposo is for tier klctcl-Illinatioll rf Wat;r Rat. s TO: The City of Huntington Beach: The following job classifications will be used for the completion of work on Cash Contract , by -the Sub -Contractor ( . ) 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. Sub -Contractor * please complete for determination of WaSe Rates. -24- kud I AM'AWARE OF THE PROVISIONS OS SECTION 3700 OF THE LABOR CODE WHICH REQUIRE EVERY EMPLOYER TO BE INSURED AGAINST LIABILITY FOR WORKMEN'S COMPENSATION OR TO UNDERTAKE SELF-INSURANCE IN ACCORDANCE WITH THE PROVISIONS OF THAT CODE, AND WILL COMPLY WITH SUCH PROVISIONS BEFORE COM]9ENCING THE PERFORMANCE OF THE WORK OF THIS CONTRACT. (Signed) it e ate Contract This is a State Industrial Requirement. 2S - Paul E. Cook Director L) LJ CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 BLUFF TOP LANDSCAPE PROJECT CITY OF HUNTINGTON BEACH CC-59i ADDENDUM'NO. 2 -March 15; 1983 Notice to all Bidders: Public Works Department (714) 536-5431 The following revisions and additions shall be made to the bid documents: The calendar day time limit of 120 days, as stated in page four of the Federally Funded Public Works Contract sample, should read 1T0 calendar ays. You are requested to acknowledge the receipt of this addendum below and return a copy of this addendum with your bid proposal. �eryruly yours, 7() Paul E. Cook Director of Public Works PEC:DRN:jy This is to acknowledge receipt and review of Addendum No. 2 dated March 15, 1983. It is understood that the revision of new documents shall be included in the bid documents. . &LE:� Al Company By -a/,Mz-3 Date Oversize Map on File