Loading...
HomeMy WebLinkAboutAndre A. Duhamel Construction Company - 1979-08-06 (7)JUM RECORM MAIL TO: R QUesr�I G � f3Y CITY OF HUNTINUON BEACH Office of tale City Clerk N. 0. Box 3 90 Huntirn;ton Beach, C:Ilit. 92648 NbTICE T5 IIE EBY GIVEN that the %s ICr/z MSC-158 33908 EXEMPT B C3 K13447PG1660 NOTICE OF COMPLETION contract heretofore awarded by the City Council of the City of Huntington Beach, California to Andre A. Duhamel Construction Co. who -was the company thereon for doing the following work to -wit: modification to the Department of Public Works Engineering Offices (Phase IIIB in the Civic Center, Project MSC-158 RECCIRDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA Min. 3 P. W AEC 27 A919 , LEE A. SP.ANCH, County Raccrow 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 the 17th day of December, 1979 , That upon said contract the Balboa Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, STATE OF CALIFORNIA ) County of'Orange ) ss: City of Huntington Beach ) this 19th day of December 1979 .4'_ City Clerk and ex-of£ieio Cle k of the laity Council of the City of Huntington Beach, California I, ALICIA M. WENTWORTH, the duly elect *ed and qualified City Clerk and ex - off icio Clerk of the City Council of the'City of Huntington Beach, California do hereby cerLify under penalty of perjury, thav iE'OF COMPLETION is true and 'correct,.and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th day of December 19 79 This document is solely for the official business of the City of Huntington Beach, as contem- plated.under Gavernment Code Sao. 6103 and should be recorded free of charge. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 7 C O N T R A C T THIS AGREEMENT, made and 'entered into as of the 6th , dfay of A1I1St , 19, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as THE CITY, and hereinafter referre ANDRE d to A. DUHAME! CONSTRUCTION CO. as THE CONTRACTOR. W I T N E S S E T H WHEREAS, in accordance with the provisions of Section 1773 of the Labor Cade, the State of California, Director of the Department of Industrial Relations, shall determine the general prevailing rate of wages, applicable to the work covered by the contract; copies of the latest General Prevailing Wage Determinations are on file in the office of the City Clerk and made a part hereof. The supplementary conditions attached hereto are part of this contract. WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and provided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment for the modification to the Department of Public Works Engineering Offices (Phase IIIfs) in the Civic Center, Project MSC-158. in said City of Huntington Beach, California, said work to be constructed according to plans, specifications, general requirements, and special provisions for same on file in the office'of the Director of Public Works and adopted by the City Council of said City of Huntington Beach on the .2n¢ day of 19�, to which said plans, specifications, general requirements; , and special provisions reference is hereby made, and by such reference they are made a part of this contract as if herein set out in full; and . WHEREAS, the City Council at a regular meeting thereof and at the time and place appointed therefore received the report of the results of the bids submitted by the respective bidders for the construction and completion of the above mentioned work, and after careful consideration of all bids submitted the City Council awarded the contract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council. • NOW, THEREFORE, in consideration of the convenants and agree- ments herein contained, being done and peformed by the parties hereto, it is hereby agreed as follows: I. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of 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.I:will comply with such provisions. before commencing the performance of the work of this contract. II. Contractor agrees to receive and accept as full compensa- tion for furnishing,all materials and for doing all the work contemplated and embraced in this agreement, the unit prices con- tractor submitted in his proposal which was accepted by the City Council. A copy of said proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid, or from the action of. the elements, or from any unforeseen difficulties or obstruc- tions which may arise or be encountered in the prosecution or the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenEes incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and `.he require- ments of the engineer under them. III. City agrees with the said Contractor to employ, and does hereby employ, the said contractor to provide the materials and �:o do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set north in the general requirements and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the convenants herein contained for the contract b1 i amount of $24 9882. 00 which amount is subject to adjustment upward or downward dependent' upon inplace quantity were applicable. IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance eE the said terms of said proposal conflicting herewith• V. Bid Bond. The Contractor further agrees that his proposal shall be accompanied by a bidder's security in an amount equal to ten percent (10%) of his bid in accordance with California Government Code Section 37931 et seq. VI. Performance Bond and Labor and.Material Payment Bond. The contractor agrees.to furnish, prior to the execution of the contract, bonds, covering the faithful performance of this contract. and the payment of all obligations arising thereunder in such form and amount as the City may prescribe. VII. California Fair Employment.Practice'Act. The contractor agrees to utilize fair employment practices in accordance with California -Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name.and seal to be hereto annexed by its Mayor and City Clerk, thereto duly authorized and contractor has set his hand hereto, the day and year �in this Agreement first above written. ATTEST: City Clerk CITY OF HUNTINGTON BEACH, a municip.11 corporation APPROVED AS TO FORM M y Attorney The Articles covered by -this Cbntract must conform with the Safety__ Contractor's Legal Firm Name STATE OFCALIFORNIA .COIIN,ry OF______���a�� SS. On • n_ `fie J- 117-72 before rne, the under• i t4igned, a Nolnry Public in and for sold State, personally uppeared known to we Ito be Ibe pentim _..._.__whow num►•. — subscribed to the withn i insttutnrnt and nAnowlydgeil shut e— executed the satne. WITNESS my hand and otlicial peal. tiil;nulurr. �_ _ Namerl'yped or Printed) :j SCHUBERT 1Thly stra tar 01dal nntarlet wall • e VI. Performance Bond and Labor and Material Payment Bond. The contractor agrees to furnish,. prior to the execution'of the contract, bonds, covering the.faithful,performance of this contract and the payment of all obligations arising thereunder in such form and amount as the City may prescribe. VII. California Fair Employment Practice Act. The contractor agrees to utilize fair employment practices in accordance with California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City -,has caused its name and seal to be hereto annexed by its Mayor and City Clerk, thereto duly authorized and contractor has set his hand hereto, the day and .year .in this Agreement first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: _ / �r �' } By� �- ATTEST: APPROVE AS TO FORM City Clerk � city Attorney The Articles covered by this Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety. I certify that I have read the Foregoing and will comply. Dat 6ohltracto'r Contractor's Legal Firm Name (Corporation, Partnership, Co--partnershA'.o, Joint,V6`n`tur , Inch-vidl orj By r_ Position or Title Position or Title r r ►: i I► r:-, I I► 1,425 Dilvis-Bacon Pict Regulations The 1•u11tta•lng dames nnlst ho inclutleci ill .ill Colltr,IrtS which %uh11:L1 to (lie DAvis-Bactin Act Iiruvisiuns: (29 ::.I',It. § 5.5). Ili Minimum waxes. (11 All mechanics and Inbtu+rn rot• plc)-ed or working upon the site of the work, or under Lite Mood Stolv.s Housing Act of 19:17 or under the I lousing, Art of 1919 in the ctrnstrurlion or development of the project, will be paid uncoriditinnally rind tint less nften lhun once it week. and without substvivrit. &Juction or rebate on nay account (►except such payroll deductions as are permitted by reg;ttla• lions issued by lice Secretary of Labor under Lite Copeland Act (29 Ult Part 31), Cite full amounts due at time of payment cc►in)►utt-cd at wage rattw not less thnn those contained in Lite wage delennination decision of the Secretary of Labor which is nuached herein and made, a part hereof, regardless of any contractual relationship which may he alleg eel Lei exisf hr- t•.veen the contractor and such laborers and mechanics: anti the wage determination decision shall he posted by the c•on• tractor at the site of the work in a proininri+l place where it can be easily seen by the workers. For the purpoe:r of this clause, contributions mnde or costs reasonably anticipated under section 111412) of the Davis•llncnn Act on behalf of laborers or merhanics are cunsidervii wag;ev paid to such In. borers or mechanics, subject to the provisions of 29 CFIt It 5110I1160. Also for the purpose of this clause. regular con• tributinnc ntarle or costs incurred for more than n weekly period under plans. funds, or prngrants, but covering, cite particular weekly perit►il, are diseined to be constructively made or incurred during; such weekly period. Iii) The contracting officer shall require that tiny class of lubnrers or mechanics. including apprentices and trainees, which is not list") in the wage tdrgerinination anti which is to be rinployrd under LFe cnnlrnct, shrill be classifietd or rtc•hissi• fired cnnfnrmnbly to the wage delennination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. lit the event the interested parties connot agree on the proper classification or reclassification of a par- ticular cloys of lnhorers rind mechanics, including, apprentices anti trainees, to Ice used, the question accompanied by the to commendation of the contracting officer shall i:e referrt-d to (lie Socretery file final determination. (iiil 'Thu contracting officer shall require. whenever tlee minimum wage rate prescribed in the contract for it clns!t of laborers rr iechanics Includes a fringe bent -fit which is not ex• presses: as an hourly wage rate and the contractor is obligl,trd to gray a rash equivalent of such a fringte benefit. en hourly cash equivnlcrtt thereof to ile established. In the evert the interestt•cl p irlie.s cannot agrrer upon a cash equivalent of the fringe benefit, the qursti++n, accompanied by the tttiont• mcnilatiun nil lice contracting; officer, shall be t0eiied to the ScerFtary of Labor for determination. giv) 11 the rntitrtictur Ones not ntnke payments to n trustee or other third person. he may consider as part of Lite µages of anv laborer or mechanic the amount of any coats rrason;ibly enticigiated in providing; benefits under a plan nr program of a type exprrs-tly listed in Lite r ngte determination decision of the Sc•rrviary of Labor which is n part of this cnrittact: 11mvirlyd. hoturver. The Siwrrtary of Labor han found, ;tpnn the written request of the re,ntractor. that the applicable standards of ► he I )avi4c Ilacnn Act have been met. The Secrelary of Labor rnny ri-quire the r(jiltractor tee set aside in a srparale account Assets for the meeting of obligations under the plan or program tc)lievenuo Shariny Advisory Semico July 1977 12) With1►oRhngl. The (write in name of I'edernl ug;rncyl tnn,Y withhold nr cause to be vt,ilhheld from the, c•ontt,•trtur so much of the at•rrurd payments or advances as may lit- run• sctlrred necessary to p.ry laborers and inx•h,tnics, including; upprentires and trainers. eniplo)•ed by Lhe contru•lor or any sul►ct:ntraclnr on the work tiv, full amount of wages required by the cunlrnct. In the event of failure to pay any lahornr or mechanic. including; any apprentice or trainee. employed nr working on the site of the wnrk or under the United Statt's Ilousing Act of 1937 or under the Ifousitig Act of 19.19 in the construction or development of the pro)ec•t, all or part of the wnges required by the contract, the IAgencyl rnny, nfier written notice to the contractor. sponsor. nppliranl, or owner, lake surh irtion nj mny be net•essary Lit causp the suspen.-ion of tiny further payment. ndvance. or guarrintvia of funds until such violations have reased. I:1) Payroll% unrl bn.sir rvrotd/ lil Payroll-, acid basic itn•• cords regaling Iheteto will he maintained during; clot, course of the work and preserved fur a period of thrve year~ tbervaller for all laborers and mechanic-; working; at this site cif the work. or antler the Ignited States I lousing, Art of 1937, nr under lice (lousing Art of 1949• in Me crinslruclinn or development of the project. Such ri•c cords wiil contain the name and address of each such woployo e. his correct rdnssifiration, rule•: of pay (including; rifles of ronlriliulions or costs nntivilialed of Lite types de%rribrd in six(ioo IIli) (2) of the I):t• is•lincon Art1. iladv ring weekly number of hours, %%orked, (1+•+lurlimik ruade and antral wag;t�+ paid. Witt -never the Smrt- .iry of Labor Isis found under 2U CI, it 5,51::)f 1)hv) that lice wdg e: of any latimcr or rnechnnir include the inviunt of imy cods reastmahly an. licipalyd in p ovitling; Imnrfi:% under n i►ian or )frog i.,mi described in sec -Linn 11b)(1)IM of the it..vis•ilavon Art. the contractor shall maintt.in records which show thai the commilment to provide such benefits is enforceable. that the plan or program is financially re­ponsihle, and that the loan or prngrom has btx n enminunicale d in writing, to the laborers or mechanics i ffected, and records which show the costs anticipated or the actual cr►st incurred in providing; such Ilene• fits. IN) The contractor will submit weekly a copy of all pay- roll• in the C i tY of Hunting ton Beach if the agency is a party to the Contract. but if the agency is not such a )tarty the contractor will submit the payrolls to the applicant, sponsor. or owner, A% Lit(, case rnny be. for trrns• mission to the C 1 t Y O f T i. B. The ropy shall he ar. rninpinied l►y it statement sismuti by the employer or his agent indicating; that the )►ayrnll,: are correct and rimipdete, that the wiege rates contained therein are nil Iv%s than Ihosc tlelrrniined h�• glue Sr rr l:+ry of (.oboe ant! that I lose rlw-sihcn beret %,!t forth for each lahnrer or inrchaniv conform with the work he pr•rforrned. A sulimi -%ion of a "Wo- kly Stilemi•rit of Cornpliani v" H hirh is rwlurrrd tnulor this contract and thr ('ng+elnnrl reg;¢latittnv of the �:rr rr(Ary of Labor (29 CF1t. Varl :1) and the, fil;n►, with the unlial payroll or :ink• -udr.etlornl payroll of n espy of nay (innings by the- �•rri-taiy of (,ahor under i9 CI It S `AIM (Brat Otall sl} this r+tluirement. The prune rtinlra(tor shall he ierluuisihle for the subtni,;%ion of collies of payrolls of all •.uhtonLrarUrrs 'I'l.r contractor will mrPe the rer.ords required under Lite labor slarWards clwisas Pieve:tua Shar,ng Handbook -- Secc-id Edition Supplementary Con ions P age 21. is tit the contract available for in%j„action by authorised repne- senlative'. of the and tit(- Depart• tnent fit Labor, and will permit such reptesentatives to interview employces; during wonting hours fin the juh. Cfin• tractors employing apprentices or trainees under approved programs shell include a notation fill the first weekly certified payrolls r.uhinitted to the contracting, agencies that their employment is pursuant. to an approved program and shall identify the program. 1,11 Appren tire.% rind trainees --li) Al►prentires. Appren• Lit -es will 1►e perinittud to work at less than the grad.-lrrmined role for the work they performed when they are employed and individually registered in a bona fide apprenticeship program rrhgtrred with the- U.S. Depar:ntent of Labor. Employment and Training( Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency rrcogt►ued try the Bureau. or if a I►erson is employed in his first ;tll days of probationary einployinent as an apprentice in such or, appren- ticeship program, who is not individually registered in tho program, but who has been certified by lire llurmu of Appren• ticeship and Training or it State Apprenticeship Agency (where appropriate) to be eligible for probationary employ• ntent as an apprentice.. The allowable ratio of apprentice-1 to journeymen in any craft classificiAiort %hall not he greater than the ratio pertitted to the contractor as to his entire wont force under the registered program. Any employer listed on a payroll at an apprentice wage rats., who is not it trainee As de. fined in subdivision lii) of this aubparograeli or is not regs7s. tend or otherwise employed as dated above. ,ohs; 1 be paid the wage rage determined by the Secretary of Labor for the clasni. ficat ion of work he actually performed. The contractor or vub• contractor will he mquired to furnish t.) the contracting officer or a repre4entative of the Wage•Ilour Divisinn of tilt U.S. Dc-parttaent of Labor written evidenre of the registration of his progrant and apprentices as well as the appropriate ratio-s and ,rage rates (expre-sstn', in l►ereenlagun of Lite journeyman hourly rates). for the area of constru^!ion prior to using any apprentices an the contract work. The wage rain paid appren• tines shall lie not less tl.un the appropriate percentage of the journeyman's rate aantoined in ti-e applicable wage deter - initiation. lii) ?ratners. Excrpl as provided lit 29 (:i R 5.15 triinet'4 will tint be permitted to work at !es� than the predetermined rate for the work performed unlem,. they are employed pursuant tit and individually registeted (rr a prngraun which liam received prior approval, evidenced by forroal crrLifiriltioa. by the U.S. Department, of Labor, Ernployinmit and Training Administration. Burvau of Apprenticeship and Training;. The ratio of traintn!s to journeymen shall not. be greater than permitted under the plan approved by Ohe Bureau of Appren• ticeship and Training;. Every trainee must he paid at not less than the ruto ipocified its the Approved program for his level of progzems. Any employoo listed on the pnyrull at it trainee rate wfyu 6 not registered and participating in a training plan ap- proved by the llurrou of Apprenticeship and Training shall be paid not less than the wake rate determined by tl.e Secretary of l.nl►or for Lite classification of work he actually performed. The contractor fir aubwntractor will be required tit furnish the contracting; officer or a representative of the Wage. Ilour Divi• Bann of the U.S. Department of Lithos written evidence of the crrtificatinn of his Fitograut, the registration of the traf.uges, anti the ratios and wage rates prescril)c�d in that. program. in the event the Bureau of Apprenticeship anti Training with, dritws approval of a tra?afnr orograin, the contractor will no 425: 2 longer be permiltmi tit ulilire trnitivet at IVN4 than tltc• nl►pli• cable predetermined rate for the work performed until an ac- ceptable prograrn is approved. IiiiI Rgiial eniphoyurt it opportuitify. The utIlitatiun of Itp• preolives. trainees and jourricyinen under this part shall he in confurntity with the vilutil employment opivirluntly requiry ntents of 1•:xeculive Order 112-16. as amended, and 3tJ t'1 It Part 30. 1.111 Cornli►iont - rrit lr Cipprfund ltrKufutin►Is (29 Cl'N i1a, t a). The contractor shall comply with the Copeland Itegilln• tines 129 CI'l( fart :11 of the Secretary of l,ubur whirh are iitvein inrnrporaled by reference 161 Stihrontrur•t... 'I•ho conlracUir will Insert in ally soh- conlracls the r)nuses cuntaiurtl in 29 ('I'll 5.5011111 1ltttnt01► (.'fe. aced (7) aoil stirh of hf r rtttuse.% as I he I -A -rite in I lit- name lit iPederal olgency) rntiy by appropriate insirticlinns rctluire, atntl also a clause requiriog the suhconlrildors lit torlutle these clause% in tiny tower tier subcontracts whirh they may enter into, together witl► a► claust! requiring this insertion in nov further subcontracts that may in turn he finale. (7) rontract ferininntion; debarment. A breach of clauses (11 through (L) nrny he mounds for tetnainat.ion of Lite con• tritcl, and for debarment as providmi in 29 Cl•'I1 5.0. 129 C.F.R. §5•5(a)1 Additional provisions „•high 1111.1st 1)c in- cluded are: (1) Orr.,Ninir requirrntent.i. No contractor or st.itconlrac• tie contracting for any part of the contract, work which nrny require fir involve the enipluytnenl of In►,orer% or n,rrhm,irs shall require fir perruil any lobomr fir nmchar,.r in any workweek in whit•), he is employed on such work lit work o, exres%of right hours In nay calendar day or in exrrtis of forty hours in such workweek unlesv such 1,ihon•r ur mmbitoir ri•c•ei-t•s cnntpetisu(ior, fit n rate not less than onf, nod une•hall lirnrs kis hnmic rate of pay for 911 hnufs worked tit exc•t•Sc of eight hours in any rideodar day or iu exci-ss of foltY hours in such workweek, us the case n►ay 1w. 121 Vitil.atinn: linhilitV for unpuarl u.,►r,'rs: lntuulotri/ rlo►n• ages. In Lhv event of ally violation of Lite clause tirL forth to .,uhpnragraph Ill. the contractor anti any -•uhciint-actor rpspiin.sible therefor shall lie liahlo it) tiny affected cmpinyei• for bin unpaid woyrr:. In itilditinn, such contractoi and Kul►• rontraclur -shall he liahlr to the l)nite(l Stales (in tht• case rat work dune under crntmct for the Districl, of Columbia or it ter- ritory, to such Di..ctrict or to st,ch territory), for liquidated damages. Such liquiduted dumnl,cs shall be computed with re• spec,, to each individual laborer or tncchnnic employed in viola• Lion of the clause set. forth in subparagraph (1), in Lite stint tat 510 (it: each calenthir day on which such employee way re• quirt•d or livrinitted tit work in exce:Nm of eight honty or in et<- cerr!t of the ntundnrd workv►tvk of forty hours without peynu•nt of the overtime wages required by the clause seL forth in .+uh purag7aph iI). 131 Withhofiii► g fisr nnpaitt tvaArr.t unit liquidated tfr►r•t ugeA. The City Of 11 - B . ttt:ty with. hold or ratim, to he withheld, lrtnn nay money's l,uya►trtf• roil at- count of work pt•rtormed by the contriltVir or suhrnnlroctiir. !such !awns us rnny ndministnit ively lie df tr; n,ir►rrl lit lit- net es snry to saris(), any luthilities tit much rnntractnr or stilwontrue. for for unpaid wages and liquirhtted daunngcs ti!, provided in the clause set forth rn subparagraph id). giRovonue Sharing Advisory Sorvrce July i977 Revenue Sharing Handbook -- Second Edition 5uppicmentgry P1.3I;c 3.0 Conditions w 1% In the went Alf lhr Ctilltlactal'a nonrompitunce %-It,Ait. M181,11tiCll111111 11,111 1 lal,m ♦ Ili thl% r t1111a111 11t r,lh any nt cite said rules, rrgulurion3. or orders, this tuauuct mny br cancclyd. ielutrurtiell, tit tusprutlrd it, r111 11 O• In part and the Cunttaclor muy be declared Ineltt;lhir for (utihet Envetnmrul voistem In ut ledr1n11v unloMed eontttuction coniruels in Ilccutdonce with aroerdurrs authorised in Esecutne Order 11146 of Srpil-mllrl 14. 1965, and such othar sanctions may be imposed and remedies involted as Ilinvlded in Liserulive Older 11246 of Seplernl.er 24. 19.65, or by rule, legulitlion, or order of the Secretary of Labor. or sit oii:erwlse provided by law. G. The Contractor will Include the portion of the sentence itnenedl3(ely prcced►ng patagraph A orid the per vittions of paragraphs A through G in every subcontract or purchase older unless c►rmpled by rues, regula• tions, or oiders of the Secretary of Labor issued pursu►int to section 2W of l:ltrcutive Older 11246 of September 24, 1965, so that Such provisions will be binding Upon each subcontractor or vendor. The Con• trielor will take such actlem with respect to ory subcontract er purchase older as the Federal fious►ng Commissioner may direct as a means of enF.tcln& such provisions, including saneliona (at noncompliance: Provided, however, that in the even( the Contrae(ot becomes involved In. OI is 1htenlened with, filrgatiun with a subcoclot or vendor as a result of such direction by ilia Federal Ilausing Commissioner, the' Contractor may request the United Slates to enter into such litigation to protect the interests of the. United Slates. *U.S.UOVERHMMITPRINTING orrICCs 1913JM-MIStol I-i. The Contractor will not discriminate against any employee or applicant for employment because of sex. In arr.nrdance with the provisions of Section 3700 of the State Labor Code, every contractor will be required to secure the'payment of compensation to this employee. The handicapped will be the Davis/Bacon Act. included in the provisions of s MSC-158 PROPOSAL TO THE CITY OF HUNTINGTON BEACH FOR THE CIVIC CENTER/PHASE III B FOR THE Ia MODIFICATIONS TO THE DEPARTMENT OF PUBLIC WORKS ENGINEERING OFFICES IN THE CIVIC CENTER i IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. i To the Honorable Mayor and City Council, City of Huntington Beach, Californias { In compliance with the annexed notice inviting { sealed proposals, I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to tlse satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beech, California. The undersigned harp not accepted any bid from any subcontractor or materialman thrcugh any bid depoaf.tory, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which'is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids � from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary t Y to deliver all the improvements.complete in place In strict conforinity with the plans, specifications and special. provisions, on file in the office of the Director. of Public Works, City of Huntington r Beach, California, I propose and Agree to take full payment therefore at the: following unit (. prices, to. wits Item f mate Items with unit price written in words Unit Price Total lQuantitv Furnish all labor, material and equipment necessary to construct modifications to the engineering offices of the Public 1 Lump Works Department at �24,882.00 N.A. ---- - Lump Sum. Twenty four thousand, eight hundred & eighty—two aollaro Page -L- PROPOSAL - Cont'd 11 0 Approxi- Item 0 mate items with unit price wriiten in words Unit Price Total uantit Deduct Hnnn lA Lump Sum for constructing partition in lieu L.S. of relocating fixed glass panels. Deduct s, 380, 00 One thousand, three hund ed & eights 2A Lump Sum for deleting labor necessary to L.S. relocate five and seven foot tackboard panels. Deduct ? 500.00 F' -. s,e hundred 3A Lump Sum For deleting labor necessary to L.S. perform the necessary multiple furniture moves. END r v�o The undersigned understands the contract is Forty (40) working days. E time limit allotted ft':)r the contract If awarded the contract, the undersigned hereby agrees to sign said contract avid furnish the necessary bonds within ten (10) days of the award of said contract, End to begin work within ten (10) days from 'the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Accompanying this proposal is ilidder t s Bond (NOTICE: Insert the words cash, cashier's check, certified check, or bidder's bond, as the case may be). Licensed in accordance with an apt providing for the registration of contract License No. 33?491 Andre A. Uuhamel Construction Co. %.✓INt Signature of -Bidder Business Address '3617 if. MacArthur Suite: 505, Santa Anti, Ca. 92704 Place of Residence 602 Orchid, Corona del Mar Dated this - 23 day of w JU1y _ 19 79 Page.' - - 2 PROPOSAL INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address: 3617 If. MacArthur Suite 505 (2) Telephone �� q Sar�t�na� �. 9270 t 7 . / �9-�2�� . (3) Type of firm - individual, partnership, or corporation: Lidimidual_ (4) Corporation organized under the laws of the State of (5) Contractor's License Number: 332491 (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a contractor in construction work: 15— (8) List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date completed) (Name and Address of Owner) See Attachmr•.n t (9) List the name of the person who inspected the site of the proposed work for your firm: Andres, A. Luli mel Date of Inspection 7/19/79 (10) If requested by,the District, the bidder shall furnish a notarized financial. statement, financial data, or other information arid references sufficiently comprehensive to permit an appraisal of his current financial condition. -3- ANDRE "A" 60HAMEL CONSTRUCTION CO. LICENSE #337491 3617 W. MacARTHUR BLVD., SUITE 505 SANTA ANA, CALIFORNIA 92704 (714) 979.2080 Proposal Information Required of Bidders Item (8) Contract Amnunt Class of Work Date Comp- leted 21,758.00 General Contractor 4/2/79 Medical Suite 34,Q9i.00 I1 3/16/75 $120,947.00 General Contractor 1/9/79 Medical Clinic 35056.00 General Contractor 11/10/?9 Medical Suite $ 21, 61d. o0 i' 2/16/78 0 17,6oi.00 7/10/78 Name & Address of Owner Bristol'Toim & Country Ctr. 3766 A. S. Bristol Santa Ana, Ca. 92701E it S & B Development 115l Dove St. Suite 005 Newport Beach, Ca. 9266o II 0 PROPOSAL SUB -CONTRACTOR - LISTING Pursuant to the Government Code 4100, the Prime Contractor, in order for this proposal to be acceptable for consideration shall furnish the name and location of the place of business of each sub -contractor who will perform work or render service on this project in an amount exceeding one half of one percent of the total bids. WORK TO BE PERFORMED SUB -CONTRACTOR SUB -CONTRACTORS ADDRESS 2629 Everglade Electrical Peters Electric Santa Ana Ca. 92704 961}2 Maureen Dr Plumbing Detive t , Plumbing . 110 Vf4I S. Anah;im�Bllvd. r fT • 2 '13 d Paint Tony Pedicini P.O. Box 804 31alhQa,,. Ca. 92661 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 sub -contractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by sub -contractor for this project. -4- C iV 1.0 CLT1f'L:R/PI i11SL I T: I B CITY OF IiLT PINGTON Sr1CII Fl1.i.it 1:N91'1,0M.:NT PRAC.'1'ICE's (11.,M1.f? 11:11'19.: '111H U` IX-16It:? MI) 0tilrill. PI1-:I) '11111'il: I . Hi I lug Ix-rVormi nx- OI' this ix+rrl r.���i , I hc• c"nri r.i(•! Or wil I I n(d dh;crim- in.rl�� ;a(l,rin:;L amy c:raq).Loym! or ;rI plAc miL I.'Qr ly2c,-mse or r; rc.)1, color, rr. l i g ion, ; rnotir;Lry or national or i y i n . '19ae Mri tri.actor WiI I, Lake affi rrrvrLi.ve action t-o (msure that ;ri)I)l Lcanh, are errq)lc)yed ,and that e q.Joyees are treated during eni)loync-tit, without regard to thc!i r race, color, religion, ancestry or national oriq.i.n. Such action shall include, but not limited to, the follmibiq: erni)loym_-nt, ul)grad- .i.nal, chnraticm or transfer; recruitment or recru.i trrr..nt advertising; layoff or Lcnni.nation; rates of pay or other form; of ,cnrpensation; and selection .for training, hlClLrling apprent:iccship. TheContractor shal.l host in conspicuous places, available to eard)loyees and al)l)l.i- c;ani:s for enA)loymrnt, notiocs to be provided by the ormer setting forUa the provisions for this Fair Errt:loym nt Practices section. 'Ilan Contractcr will l miii.t access to his records or cjgAoymr_at-, enq)loyment. adve ti.scmir nLs, ul.)pl.ic;ati.on foram~ and other Ix',rtijx_m1t rd;aL•a and records by Mae Statue Fair I-',rq)loynrent Practice Commission or any other agency of the Stare of California designated by tlae awardinq authority, for the l)urlx)s(--s of invostigat.i.on ,_o asoertahi conj)li,-uaCt with the Fair Practices section of this contract. 3. Ibrredies for willful violation: The aviler nvey cletermi.ne a willful violation ion of t to Fair Enq)loy- nLnL Practi-ces provisi m to have occurred trl.) m r(_-cxi.i.pL of a final. .jud(irrrnt havi.ng Lhat effect Ercxn a oourt in ;acLion to which Contractor w;a:-; a party or qxm recei.l)L of .a written notko Emil Ulu Pair Lnq)loyrrr2n t Practices Conuti.sss ion Uaa t it has investigated and det t2rnrined that the Contractor has violated the Fair Enq)loy- rrLnt Prcact_.icZ.,s Act and has issti.d an order, umdor Labor Code Section 1426, which has become final or obtained an injunction under Labor Code Section 1429. For w i.l.lfu.l. violation ol Ua i.s Fair Ln>j)loymm t P Tact io2s provision, the (Weer shall. have the right- to tenidnate i.hi.-s Cont-ract either- in whole car- .in p-irt and quay loss; or clmwitjo su:;t;airr(,cI ley tale O.-m �r in soc ur.i ng Lill! clrxxLs or s orv.i oc-s hrrem(lc, r sh, r 1.1 I m I x.)r-nu (arid paid Cur by Urc Contractor and by hi.s surot:y tuader 0hm lx)nd, i f ;my, and Lh(� (Imam my ckrclrac:t- From any nx)rai(•:; di.r� or that thoreaft.or miry IX:(-x)11 du, to lairs (Imitrac;tor, tJro clifCoremi- lxAa40011 Ulf-1 I)rice ncm ed .in the WitracL• and the actual cost t:hercof to the Caner. r -�' Le- , ei -5- omlp City of Huntington Beach Department `of Public Works, P.O. Box 190 Huntington Beach, ':alifornia 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity. Act of 19.72- Gentlemen: The undersigned, contractor on MSC #158 Remodeling- City Hall Project No. TI e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen '*and guards employed by him or by any subcontractor perfo::m-- 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 Verforme"d 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 c 0 '�Qldoa gnsurarice BOND NO. L05-042986 i MAINTENANCE BOND t KNOW ALL MEN BY THESE PRESENTS: r That we, ANDRE DUHAMEL CONSTRUCTION as -Principal, and the IBALBOA INSURANCE COMPANY, a corporation organized under the laws of the State of California, and'duly authorized to transact business in the State o£ California, as Surety, are held and firmly bound unto CITY OF HUNTING'TON BEACH, CA. (hereinafter called the Obligee) in the just and full sum of i TWO THOUSAND FIVE HUNDRED FIFTY SIX AND 00/100--DOLLARS ($205561.00---): lawful money of the United States of America, for the. payment of which, well and truly to be made, we hereby bind ourselves and our successors and assigns, j o4ntly and severally, firmly by these presents. << Whereas, on iihe2nd day of DULY 1979 , the said principal, as cc?ntractor, , !entered into a contract for the s MODIFICATION TO THE DEPARTMENT OF PUBLIC WORKS ENGINEERING OFFICES (PHASE IIIB) IN THE CIVIC CENTER, PROJECT MSC-158. i Whereas, under the terms of the specifications for said -work, the said principal is required to give a bond in the amount of t: TWO i THOUSAND FIVE HUNDRED FIFTY SIX AND 00/107DOLLARS ($ 2, 556 .i00--) to guarantee the replacement and repair of defective materials;or faulty woAmanship furnished or installed by the said principal, for a period of ONE YEAR from and after the date of the completion and acceptance of same, namely, until JULY 2 , 19 80 . i Now, Therefore, iR the said principal shall for a period of ONE YEAR from and after the date pf ._.the_.completion__and.-..__.._-._.... t STATE OF ___C,,dfonia__..__ 1 s s: County of Orange w On this 26th day of NOVEMBER 1�7�' . before me JULIE L. TRIVITT a Notary Public in acid for the said County of Qrangc State of _ Cal i form a residing therein, duly commissioned and sworn, personally appeared LAWRENCE BUTCHER known to me to be the Attorney-in-Facl of the Balboa r c an the corporation that executed the within instrument, and acknowledged to me ��' �o, p Cl. �iotYb•as o ♦♦ ♦• that heou s Uthe n **� '" i� on �ngtyrnncc Company thereto and his oxen name as ltornev-in-1 act. • I / o � .1;�' JULIE L. TRIVITT • `r_.--, /� ♦ 1; —rZl1FbRNlnC� sr°j N{' \fN(INCIFAL OFFICLI o ♦ — (_�r ota � ORANGE COUNTY Public in and for the County of o ..`:v My Gornn;ission Expires Sept. 30, 1963 4 ' s♦♦oobapo♦eoo♦ost•♦000a000ao: ;• Orange State o�s`�lj,for.ni�t t L002ZR776 tt77 I Datboa jnsurance6MVany BOND NO. L05-042986 ' MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: _ That we, ANDRE DUHAMEL CONSTRUCTIOW as Principal, 41 avid the BALBOA INSURANCE COMPANY, a corporation•organized undet. the laws of the State of California, and duly authorized to tr'insact business in the State of California, an Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CA. (hereinafter called the Obligee) in the just and full sum of TWO THOUSAND FIVE HUNDRED FIFTY SIX AND 00/100--DOLLARS ($ 2. 5561. QO---) lawful money,of the United States of America, for the.payment of which, well and .truly to be made, we hereby bind ourselves and our successors and assigns, jo4ntly and severally, firmly by these presents. .. Whereas, on irhe2nd day of JULY 19 79 , the said principal, as cc?ntractor, Ontered into a contract for the _ MODIFICATION TO THE DEPARTMENT OF PUBLIC WORKS ENGINEERING OFFICES (PHASE IIIB) IN THE CIVIC CENTER, PROJECT MSC-158. 0 , 1 t Whereas, under the terms of the specifications for said -work, the said principal is required to give a bond in the amount of r' TWO i THOUSAND FIVE HUNDRED FIFTY SIX AND 00/la--DOLLARS ($ 2, 556.PO---j to gc�uarantee the replacement and repair of defective materialsGYor faulty workmanship furnished or installed by the said principal, for a period of ONE YEAR from and after the date of the completion and acceptance of same, namely, until JULY 2 19 80 . I Now, Therefore, if the said principal shall for a period of( ONE YEAR from and after the date of the completion and L acceptance of the said work by said obligee replace and repair►'any and all defective materials or faulty workmanship in said work, then the above obligation to be void; otherwise to remain in full force -and effect. Sealed with pur seals and dated this 26th day of NOVEMBERJ 19 79 . A�PfM DUH L C,NSTRU ION (Seal) BA A I%JNSU C PA14Y > APPROVED AS TO FORM- i` GAIL HUTTON ATTORNEY'-IN�-2�' rT ' City Attorne LAWRENCE BUTCHER . (Seal) i3yioAM 350 �. _npbiltiv city Attorney t . , BALBOA INSURANCE COMPANY G20 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 926fi0 GENERAL POWER OF ATTORNEY POWER OF ATTORNEY VALID ONLY IF NUMBERED IN RED Know All ,item by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint LA11RENCE BUTCHER of Anaheim and State of California its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A.-.Guarantee Agreement) 200,000.00;,LICENSE 4 PERMIT BONDS 50,000.00; MISCELLANEOUS.- $50,000.00; CONTRACT BONDS -- $50,000.00; COURT BONDS - 50,000.0 ; FIDUCIARY ONDS - 50,000.00 �'$'6.: •. ''.i �.'�ier:.iC -x:`• 1, 'r ai.7 E`'4$f' ::!#g •' "THIS POWER.,OF ATTORNEY SHALL'TERMINATE AND'BE OF NO FURTHER EFFECT AFTER DECENIBER 31, 1980" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate, seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys}in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resoh,ed, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in =Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." /it Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 27th day of SeptembergG 79 BA Incorporated By — . State of California Feb. 6, 194E ss.. County of Orange On this 27th �A(dr,9RN Se tember A.D., 19 79 before me personally came William PalRutt , to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Viejo, California I that he is Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that lie knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order o' the Board of Directors of said Company; and that he signed his name thereto by like order. OFFICIAL SEAL KIMBERLY A. FORREST NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN i't ORANGE COUNTY My Commission Expires Aug. 22, 1983 Notary Public 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney Is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa insurance Company at a meeting duly called and field on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under by hand and the seal of said Company, at Newport Beach, California, this 26tb day of NOVEMBER f19 79 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATfACIlED TO BOND NO. L O 5- 0 4 2 9 8 6 uarci7: 0.Secretary .'�'ald oa gnsuraace. e0mpan*q PUBLIC KOM • PERFORKANCE BOND Bond No.L05-042986 KNOW ALL MEN BY THESE PRESENTS: That we, ANDRE DUHAMEL CONSTRUCTION as Principal, and BALBOA INSURANCE COMPANY a corporation orEanixed and existing under tha Imes of tho Stato of California authori>zad to trannact auraty busingea In the State of California, as Suraty, ara held and firmly bound unto CITY OF HUNTINGTON BEACH, CA. as Ob:igae, R — -- the Horn of TWENTY FOUR THOUSAND EIGHT HUNDRED EIGHTY TWO A11D N01100 E 24,882.00 �_ Uollora ($ ), lawful money of the United States of M,arica, for the payment uhorcof, Wall and truly to be reads, wn horaby bind ournelvoo, our hoira, Qxacutar,a, administrators, ouccoaaora and apoignas, jointly and aoverally, firmly by thasa preaents. 14th Signed, coaled with our Goals, and dated this day of September 19 79 sir, xs....:.cs•s,..'.•.a ... ..-r•,.u-s•.- - tn,.a.....................,.........-.-............-..._..__._..............._.r..- ................._...... �....._.........-..,... , • ..r......._...w.»I .+ra.....sn. -^.:tit.!-i Sys I California 1 STATE 01• � County of orange 1 ss: 1 �. On this _ 14th da September t 79 y o f � 9 -before me r,. R�tf-rhea a Notary Public in and for the said Count o Or7nge f Califon b' y f Staten g� • residin therein, duly commissioned and sworn, personally appeared G. K. Soder -knoum to me to be the Attorney -in -Fact of the Balboa Insurance Company, the corporation that executed the withiAM d to me that hesubsc ' emamt-of'-t*L-Boibcm.fnsnrance.Compana,theretin-Fact. ' ,• L. BUTCNEER - 14otafy FrDllc • 1..i ►lornla ids Principal Ott,- ,, ,n Aotary Pub is in and forthe County of pram^ coti"Ay my Commission Exnir; s 0-t. 6, 1 O°(1. , State of _ r� 1LO02ZA776 ^ �z-.,-W •� va+. O�4e w I ri fr:F• _ 'w • 'l-'7'."'� 'J. .i+. :P1.J+• 'r^h?iJ'v' 'ii. 4r• �"-F•i.i( ir.4 i«.I I: • '.il.+w�Yr�% _ "'aiz� .�,..,�/'- �/�7•c' ..�1. •L :7�. }� Tr �aa. 7t �r c•'7"•'—T� n a. .+ a oa nsarari.Cuompany ►M PUBLIC WORKS , PERFORMANCE BOND Bond No.L05-042986 ti- KNOW ALL HEN BY twe PRESENTSt Thant we, ANDRE DUHAMEL CONSTRUCTION t• • e as Principnl, and BALBOA INSURANCE COMPANY d corporation organized and existing } under the laws of tho Stnta of California authorized to trancact ouroty business in the 8tato of California, an Suraty, era held and firmly bound unto CITY OF r HUNTINGTON BEACH, CA. ' r as Obliges, in tho sum of TWENTY FOUR THOUSAND EIGHT HUNDRED EIGHTY TWO AND NO/100 - k- ;. Dollars ($ 24, 882. 00 ), law ul money of the United Statea of America, for the payment whorcof, wall and truly to be rada, wa haroby-bind oursolvao, our hairry, executors, administrators, aucr:oosora and aooigna, jointly and aav®rally, firmly by theca precontu. ' 14 th . Signed, coaled with our coals, and dated this day of September ig 79 11tS CONDITION of the foregoing obligation ia ouch that, whereas the 4bova-bounden F*' Principal has antorad into a'contrract dated :7--2-79 with said Obligee to do and parforw the following work, to -wit: Modification to the Department'.of. Public. Works Engineering Offices -(Phase IIIB)• in .the Civic Center, Project MSC-158 s i NOW, THEREFORE, if tho abovo-bounden Principal shall wall and truly perform or :caauou to be porformad, each and all of tho requiro=nto cnd obligations of said a, contract to ba parforcad by anid Principal, an in caa:id contrnct cat forth, then this 'bond shall bo null and void; othorwiaa it chull romain in full force and affect. DUHAtz-Ox6Nsuc4iow �i'PRQVEI1 A5 TO FORM! %R l -t GAYL City Itt�r;1� n pa -� •A�, Ns� c� corAti�Y' B55EG74 ut�r City Attos'nep By' G.r1C. Soder _A11ainey•in•fact .� 1W iLh 11r 11ls 1L11 111: 1111 1L11 IM 1L1! 0 )tom ILtI 111/ i .0 ux lti( 11.11 ILti UJJ its/ i121 1111 1t.!! 32 %111 1111 l It 1111 1111 it 1 IIi UJI l U l! to ilsf 11.11 11.11 111i :I.ti 11.11 11.11 0 001�al6oa gnsurance eompany. PAYMENT BOND -' PUBLIC YOR.KS ' KNOW ALL MEN BY THESE PRESEVIPS: . ,.fw r Bond No.1,05•-042986 That we, ANDRE DUHAMEL CONSTRUCTION ; as Principal, and BALBOA INSURANCE CQMPANY a corporation organized and existing under the laws of the State of California authorized to trannact surety business in the State of California, as Surety, are held and firmly. bound unto CITY ,OF HUNTINGTON BEACH In the sum of TWENTY FOUR THOUSAND EIGHT. HUNDRED EIGHTY TWO AND N0/100a Obligee, Dollars ($ 24, 882. 09. lawful money of the United States .of America, for the payment whereaf, well and truly to be made; we hereby bind ourselves, *our heirs, executors, ad- minintrators, successors and asalgns, ,jointly and severally., firmly by these presents. Signed, sealed with our seals, and dated thisl4th day of September 19 79 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, whereas the above -bounden � Principal has been awarded and has entered into a contract,.dated , with Obligee to do and perform the following work, to wit: ' Modification to the � Department of Public'Works Engineering offices (Phase III) in the Civic Center Project MSC-158 NOW, TIMEFORE, if the above -bounden Principal,' or his subcontractors, fails to pay ,-.anv.-nf-..rhe._ocr.anna...na.med._in Section 3181 of the Civil Code of. thn._State..of_California. t STATE OF California ss: County of _ Orange tt EJ On this 14th day of September ly 79 before in(, Rttt•rba _, a Notary Public in and for tlu'saicl County of Orange State of Californiei._ . residing therein, duly conrrnissiorvcl and sworn, personally appeared G. K. Seder .----known to me to be the Attor e.y-in-]'art of the Balboa Insurance Company, the corporation that executed the within instrument, and ackn u4edged to rile f, that he subsc p n u ancr Company thereto a ll h'c ou,n name as t onrc�y•irr-f uct. L. BUTC Not,'try Pubic • I;:i,ifnrnin Notary Publrcinand for the County of r Frincip.0 Ofi.-L. ill L my Commis�.lon EKnir'.s O t. G. tic.'�. Orange _ State of ..zalifgrnrn-- t; IL002ZA776 ''tlrr►r' ►'�f►''�+"++a^�er 1 tf r. �3 iur ILU u.i ui, 15, du iui ►sir I'M. 111 alai lit( ►ui iiZ u1i 11lr li.6 ILU 1t1i i:.0 iris 11 tr ►iai 111J ►ilr iur iili i� uri iur iur 1! 1i pia! ii :i :i u u:Y it: u.r nisi :r.tr %I.rr %IJJ ! ; �1 -� K GZ Off gnsurance 60MP-an,P .' PAYHEIiT BOND - PUBLIC WORKS` ' , Rond No.L05-042986 VJUW ALL M BY THESE PRESENTS: That we, ANDRE DUHAMEL CONSTRUCTION ' 1 as Principal, and 'BALBOAINSURANCE, CQMPANY s corporation organized and existing under the lawn of the State of California authorized to transact surety buaineas in the States } ? of California, as Surety, are held and firmly, bound unto • CITY ,OF HUNTINGTON BEACH � Obligee, •} t� in the sum of TWENTY FOUR THOUSAND EIGHT. HUNCRED EIGHTY TWO AND NO/10�o S Dollars ($ 24, 882.09, lawful money of the United States .of, America, for the payment whereof, well and truly to be made,- we hereby bind ourselves, our hairs, executors, ad- miniatrators, successors and assigns, jointly and severally,, firmly by these presents. } A Signed, sealed with our seals, and dated thisl4tb day of September 19 79 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, whereas the above -bounden -} Principal has been awarded and has entered into a contract,. dated , with Obligee to do and perform the following work, to wit: Modification to the � ti Department of Public'Works Engineering offices (Phase III) in the Civic .� Center Project MSC-158 .} '+ NOW, THEREFORE, if the above -bounden Principal,' or his aubcontractora, fails to pay 't,. ,.any of the persons named in Section 3181 of the Civil Code of the State of California,5 r.'.'amounts due under the Unemployment Insurance Code with respect to work or labor per- ormed by any ouch claimant, 'the Surety hereon will pay for the same, in an amount not xceeding the num specified in this bond, and also, in case suit' is brought upon thin } )nd, a reasonable attorney's fee, to be fixed by the court. This bond to executed pur- Jinit to the provisions of Chapter 7, Division 3, Part 4, Title 15 of the Civil. Code of. ;y is ..,State of California, and ohall inure to the benefit 'of •auy• of the persona named in ti !ction 3181 of the Civil Code so as to give a right of actiun to ouch persona or their iiigns in any ouit brought upon this bond. ~ A R, QUHAMSWIL, ION} oe ncipal) } APi'IiOV D AS T,0 70010 r OA�b NtJTTQNL �. S N C C City rney h' By: ' G . Soder At t orney•• i n- Fec t f By , ✓�,, / � rrr. 1-1 n Deptity City Attornoy =nj-r--;,-r,:r•,, .. ,,-r'ur „� „ l_rim-.Irn .rrnrriclrnmi�r`riclt?vntlr;V:,i i„irvri!.r :.jrn �; i:^ ._; tj f ^.f .'.r..•..i .'•✓. �v'V �•V.'Y•f. �'1l •./!%V JJ r' .I.r•�! wf �' .. ',.'� : Y '�'Yr. '.{s �.! ...f - .r _. l .!' � J 'J wr — '1. .`.!—Y�^J O IPALBOA INSURANCE COMPAN 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 463 G PA GENERAL POWER OF ATTORNEY NUMBER VALID ONLY IF IN RED Arnow All Men by 771ese Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint G.K. 50DER of Anaheim and State of California its true and lawful Attorneys)-iu-Fact, with full power and authority heiAy conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT- BONDS,,,. S.B:A.:Guarantee. A reement - 200000�00•. LICENSE.& PERMIT BONDS 50,000:00;1MISCELLANEOUS.- 50iOOO.00;,CONTRACT BONDS- 50 000.00; - No] E •R11111111[1N IPIIL�.L10w51§1■ M■ 1■ 001111110.10 uu1wrrs111111aElul lft�.1Hlw■ 1N1\w0l■ '-:THIS;.1POWER OF ATTORNEY SHALL TERMINATE AND, BE and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary' hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made' under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any VIce-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atturney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-i►t-Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelinS or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." Efils- NC£ Executive Vice President In Witness 1Vllereof, Balboa Ins c�h used these presents to be siggned by its and Its corporate seal to be her _ � xe_ day of P1arC A.D., 19 Incorporated ...- a ..". BAI.BOA INSURA E COMP Feb. 6, 1948 * * -By State of California County of Orange } ss.: � L I FO R' ' On this 27th - -day of a A.D., 19 79 -, be re me personally came Jack 14. Trapp to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Vi t' jo t California that he is EXecutiLl, Vice President of BALBOA INSURANCE COMPANY, the company descri. A in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corpw seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order. OFFICIAL SEAL KATHY CANDORA NOTARY PUBLIC CALIFORNIA �- PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Sept. 4, 1982 I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby "..rther certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 0-72, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation. and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under by hand and the seal of said Company, at Newport Beach, California, this B29EB72 14 t h 1�� 6�1- Secretary day of Return original and three coplas of ; istrfb"ution:. Ori f =mpleted certificate tn: g pal -- Originating Dept, CERTIFICATE.OF INSURANCE After Approval Yellow — Risk Manager City of Huntir gtori Beach aV rit /Arney Pink -- Cfty Clerk Dept. TO f ttoGold -- City Attorney CITY OF HUNTINGTON BEACHCALIFORNIA P. O. Box 190 ,;� Huntington Beach, California 92648 A MUNICIPAL CORPORATION This is to ce, tify that the policies of insurance as described blalow have been issued to the insured by the under- -(fined and are in force at this time. If these policies ure cancelled or changrid in such a manner'that will affect.this certificate; the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Name of Insured 'r'.►1.sn''-`r`- .�''r f ..-,'1r',�:.r1111f.' /' ;.- r<< <�� r -i1;'' i'�i i%./�' r r1 Address of losuecl •. " r+��,•' '., •!�,� /� f�,f /,%;] /r�=1 i'�/r�'.�4`^x y ,�;�:r �',' •�i r�� i,�;�,� Location of Work or Operations to be performed Description of Work'or Operations t�1 POLICIES IN FORCE POLICY NUMBER LIP `EXPIRATION LIMITS OF LIABILITY EFFECTIVE A. Workers Compensation v rV - 0 Vf . a� �►r f-! Statutory Emplovers' Liability 0, $ ,'-r')/'j rJ` (where applicable) B. Public Liability: Bodily Injury: Manufacturers and Contractors $ * Each Person Comprehensive General (Including ,1�i%'" , f ` "�•G S fal)�'�* •''14/! Each Accident products completed U�,f�,/� .:�" operations) Property Damage Ae :l Each Accident C. Automobile Liability: (where applicable) Bodily Injury $ Each Person $ * Each Accident Property Damage S Each Accident Does policy cover: (Ploase check at least one) All owned automobiles ( ) Yes ( ) No Non -owned automobiles ( )Yes ( ) No Hired automobiles ( ) Yes ( ) No At least one box must be checked YES if automobile insurance applies. D. 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 be primary to any insurance,of.,the City of Huntington Beach. E. Hold Harmless Agleament: By Insured: • _ �'' fr ;�, ,{�;, r �, •'' �f b r�+JN•'c. ' ti` (Signature) '`•,.. ~�' ; 1"r �f' F` _�.. The insured agrees to protect, defend, indemnify and save harm:ess the City of tiufliington Beach against loss, damage or expense by reason of any 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 operations covered by the certificate of insurance. Remarks: This certificate is not an insurance policy and does not F. amend, extend or alter the coverage afforded by the policy. APP GAI Not Withc4nnd(Bg_ any requirement, term, or condition of any contract or other document with respect to which this certificate or ven� I cation of insurance may Ce -4"Wd nr ►nay pertain. the insurance uttorded by the policies describe_u herelit is DA subject to all the terms, exclusions and conditions of such polices. CITY �? par"Rlr`t r ..R1S_pp,�lNIS- ��FACN Date AUTHORIZED REPRESENTATIVE OF INS INSURANCE COMPANY By Name Signatine of Authorized Representative/Agent Address Address City Telephone _ ,rj0.0 ` I• a f. / a dOMPANIES', AFFORDING, COVERAGES {try,:;'.-;1;:.•:� ,.. :-.. . cofas'AME ICAN STATES:''INS,j LETTERR ' COMPANY ! Q LETTER B COMPANY. LETTER, cOtdPAfiY f UTTER �. \/NI I VN . II IM vw . • r v . .. r T _- --_ - ____ - - --- ,�`� ,�_ LLTiER :Fw This is to; certify that policies of insurance listed below have been 'issued to the insured named above and are in Torre at•thi_, time. Lim is of L Z li t/ in T {ausands COMPANY MACY NU►,tQER POLICY .:'Cif TYe E4f Ir�5UR0,ttGi EXPIRATION DATE AGGREGATE' lrTTER ;;CCUtiRF.Nr,E GENERAL LIABILITY, _._. (raDlLr4inJFiY 3 500 j 500 MIPREHENSIVE FORM it ❑ i:REflits ES—OPERAT10NS ❑ExPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND IWARD ❑PRODUCIS,COMPMED OPERATIONS IIAZWD 0 CON7RACTI)AL INSURANCE ❑ E;RM0 I-ORY PROPEt?TY L`;+MAGE ❑ INDEPENDENT CONTPACTOW, ❑ PERSONAL INJURY i AU T OMOMLE LIABILITY ❑ GOf.1PHI PENSIVE FORM ❑ OM41) ❑ HI/tFG ❑ NDN OWNED EXCESS LIABILITY ❑ UA1ElOU" VORf11 ❑ GTL(E11 tiff.fl (JFABRt.11 A f V R M WORKERS' COMPENSATIC A and EMPLOYERS' LIABILITY OTHER [14P ' 061 -192 WC2-0.19080.1 5-480 ^ROPERrY DAh1Ar.E s 300. I 300. BUl)ILY INJURY ati(1 ....r_ ......_..__.�_. F1P1.3VERTY D,4f.(r,GF. l I `r r.ClhiHlti(.L I L,000.,, IN WRY (E ;iIV N' .T brVILY 1:110W, 4 „j lCACt1 AUZENT( ' I•i�'QFf.'tE'l11.`.`.!?�i(".«...' S Y,K PIILsE'r:1iJJ+t�'1;t0 ___ _._ _ •;Ii.4l F'riUl'E1TT'rDA:!AGr � s �'�+ F1C�G:tY 1ti1t1+;Y 1•ND viva-1.r<TY1WMAr1. = s C41.5E11"IED ' 5-�4r80 �� ����� 01M IIrr:4A, A)IN71 ...u. ...rA .. .,. ...,o.....N ....�ww,: ,.....,.r. ___ _,....__...r .....__ .- -- - - — --nVJ W1I bIARVING,:ANY RE OESCRiPTtON Or OPERRlIa45rtOCAT1OH5NEH:C! FS Il��kiEi���r OR COlvOtTtCIN OF ANY CONTRACT CR OTHER DOCUMENT *T11 RESPECT TO WHICH THE CER T iFICATF IS i-SSUE'DI THE iNSUf1ANCE AFFORDED BY THE POS ICIES LISTED ON T14E CERTIFICATE IS SUBJECT To ALL THE TEri4 ____...._. _OF_SUCH-POLiCIES,! ---- CanciWation: Should any of the above dergioet-d policies be cancelled before thu expiration date thereof, tIle iS:Iuinrf Com- pany wit! endeavor to mail :days virit en notice to the below named carti;icate holder, but failure to (nail such notit.c! :,teal! impose no cbliRcttior, o: liaWity of any/ kind upon the company. 4 N<,t.1C A►ipAD(:RE55 Of CER1tr!(;ATE N��t L'EFt. � +, i U"4`i— / 9 AI I�` xiUTTgN DAT t,SUEC:._._ City of Huntington a.y� 2000 R14ain St. tt.a Hunti ngton Beach, Cif `92647 ^� ` RUT1ip±.`r) FEPRESENTATIYf. ..t Att : Ci _Attarht Arnmr! :Ji IFri 11.71) I