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HomeMy WebLinkAboutC J Construction, Inc. - wheelchair ramp construction project - Newland Enhancement Area CC-1027 (Notice of Completion 4/5/99) - 1999-04-05• Office of the City Clerk ._CITY of HUNTINGTON BEACH P.O. Box 190 California 92648 d T 6, 70 C J Construction, Inc. 14730 E. Firestone Blvd. Suite 302 La Mirada, CA FORWARD T`'ME6ESPOORTNB2/18/00 TO SEND CJ CONSTRUCT'ION INC 13600 IMPERIAL HWY STE 5 W SAN A FE SPRINGS CA 9C167t�-�F6Sv �jt�.�r$�••S{��j����•� �1}�lFitliltlltttli311!IIIIIStfilli�liliilliillll!111!lftEllll ' • • City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT DATE: ( 4 3uL q S. Secv"k -�i T_ ) The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. T. VI LELLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: ROBERT F. BEARDSLEY, PubliciWorks Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: a-o CONNIE BROCKWAY, Ci Clerk I certify that there are no outstanding invoices on file. Date: �'� 9 q A �HXKI F EIDENRICH, City Treasurer L. 10% Retention Payment 06/08/99 12:54 PM �. a CI't Y OF HUNTINGTO, BEACH INTERDEPARTMENT ,. COMNAUNICATION To: City Clerk's Office From: Jack Miller Public Works X-5517 Date: July 195 1999 Subject: RETENTION RELEASE CC 1027; CJ CONSTRUCTION Upon signing please give me a call so I can pick up and deliver back to Finance. Thanks. CITY OF HUNTINGTON BEACH v INTERDEPARTMENTAL COM,%IUNICATION To: City Clerk's Office From: Jack Miller l `7 Contract Administrator Cb Date. March 17, 1999 Subject: WHEELCHAIR RAMP PR CT CC-1027 Attached: 1. Declaration of Satisfaction of Claims. 2. Certification of Compliance re: labor. 3. Copy of the original Performance Bond that does include a statement guaranteeing the work for the one year period after acceptance of the project by the City. A separate bond is not required. Project will go to the Council the first meeting in April. NOC — S// J �, AT CIY OF HUNTINGTOf BEACH INTERDEPARTMENTAL COMMUNICATION To: City Clerk's Office From: Jack Miller Contract Administrator Date: March 17, 1999 Subject: WHEELCHAIR RAMP PROJECT CC-1027 Attached: 1. Declaration of Satisfaction of Claims. ?y 1� a\ti�+� W a" 1 2. Certification of Compliance re: labor. 3. Copy of the original Performance Bond that does include a statement guaranteeing the work for the one year period after acceptance of the project by the City. A separate bond is not required. Project will go to the Council the first meeting in April. oo, ,C3ea�r� A _p WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the C0 ty of Orange, California Gary L. Granville, Clerk/Recorder 111111111111111 Jill Jill No Fee 19990350860 09:25am 05/13/99 005 5146911 0 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 i NOTICE OF COMPLETION NOTICE IS "HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to C.J. Construction, Inc. who was the company thereon for doing the following work to -wit: Wheelchair Ramp Construction Project for Newland Enhancement Area — CC-1027 That said work was completed April 5,1999 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 Monday, April 5, 1999. That upon said contract American Contractors Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as Government Code Section 6103 and should be recorded free of charge. ef5cio` dkrk- jf�l.,' f-:the City Califorma Dated at Huntington Beach, California, this 21"' day of April, 1999. City Clerk and ex= .Y of the City Council o of Huntington Beach STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California; this 21" day of April, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i AMERICAN CONTRACTORS INDEMNITY COMPANY 242 East Airport Drive, #211, San Bernardino, CA 922408 (909) 8901500. (909) 890 1501 Fax PERFORMANCE BOND Bond# 57836 KNOWN ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal and American Contractors Indemnity Company, of the State of California, a Surety, are held firmly bound unto the City of Huntington Beach (herein after called the obligee) in the full and just sum of Thirty Five Thousand Three Hundred Eighty Five and noh00 ($35,375.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to entered into a contract, dated August 19, 1998 with the Obligee to do and perform the following work -to -wit: Contract CC-1027: Wheel Chair Construction in the Newland Enhancement Area NOW THEREFORE, if the principal shall well and truly perform the work contracted to t performed under said contract and shall guarantee the work for a period of one year of the City's acceptance thereof, then this obligation shall be void; otherwise to remain it full force and effective. Signed and sealed this 18h day of September, 1998 cipol: G J Cop(struction, Inc. JgWrSarno, President Surety: Ame ' Contractors Indemnity Company BY: �— gary W)illiams, Attorney 1n Fact CC='TY ATTO:.��' By: D % C � _Y A-ttorney CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On / ro% ' % before me, Sandra E. Sch!tt, Notary Public, personally appeared personally known to me; or proved to me on the basis of satisfactory evidence to be the persoo(.a') whose name.Fs f is/arellsubscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ice), and that by histher-/their- signature(s) on the instrument the persons), or the entity upon behalf of which the perso s} acted, executed the instrument. WITNESS my hand and official seal. (SEAL) &MM E SCHM Carrnnission # I I95= Notary Public - CoRforric Loa Angeles county Mrcomm_r0essepa0=2 Sig ature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individuals) Corporate Officer Titles Partner(s) Attorney -in -Fact Trustee(s) Guardtan/Conservator Other: /' 7L-t� and and Limited General Signer is representing- Zr J ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: ba)U 1O11/a it lc THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. r Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On September 18, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscn'bed within this instrument and acknowledged by me that he executed the same in his authorized capacity and that by his signature on the instrument acted and executed the instrument. WITNESS my hand and offical seal. Signature (Seal) Document: Performance & Payment Bond _ C J Construction Inc. .: i:, G� ,;SSP, rR ACIC �'" \ Cv;;" o. # 1041993 City of Huntingbeachl � ;z 3; _ =Rv A;;-t.i� • CALIFORNIA Bond#57836 c.�,.'.. %'Z>ls.•'.;•s��rerr.-":,;,�Ct,; ,Y A 03/12/1999 14:01 714-374#3 HB PUBLIC ldORKS PAGE 03 DECLARATION OF SA7 $FACT[pN O F CLAIMS state: 1, I am the general contractor for the City of Huntington Beach, as to the project more sully described in the.public works contract entitled f)W 61Ci eyl V1fJ n 43-e6n-i- and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California; (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct_ on this -QLAr day of Kwo, , 199pg 5:cc'C&ACOM2 1 03/12/1999 14:01 HB PUBLIC WORKS • PAGE 02 City of Huntington Beach Department of Public Works " Post -Offide Bog 190- Huntington Beach, .CA 9,2648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal'Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor. on s Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing %vork under the contract on the project have beer, paid wages at rates not less than those required by the contract provisions, and tl at the work performed by each such laborer, mecham"e, apprentice or trainee conformed to the classifications set forth in the contract or trainirig,-piro i grarn. provisions applicable to the wage rate paid. greo'eashoon i PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange } I am a Citizen of the United States and a resident of thL- County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: June 25, 1998 July 2, 1998 July 9, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 9, 1998 at Costa Mesa, California. Signature PUBLIC NOTICE Public Works, 2000 Main Street, Huntington Beach, SECTION A CA 92648. NOTICE INVITING The AGENCY will deduct, SEALED BIDS a 10% retention from all for the NEWLAND ENHANCEMENT AREA Progress payments. The I Contractor may substitute WHEEL CHAIR RAMPS an escrow holder surety of CASH CONTRACT equal value to the retention in accordance with the pro - No. 1027 in the visions of the California CITY OF Government Code, Section HUNTINGTON BEACH 4590. The Contractor shall PUBLIC NOTICE IS be beneficial owner of the HEREBY GIVEN that the surety and shall receive CITY OF HUNTINGTON any interest thereon. BEACH, as AGENCY, in- The AGENCY hereby at- vites sealed bids for the firmatively ensures that mi- above stated projects and nority business enterprises will receive such bids in will be afforded full op - the office of the City Clerk, portunity to submit bids in Second Floor, 2000 Main response to this notice and Street, Huntington Beach, will not be discriminated California 92648, up to thel against on the basis of hour of 2:00 P.M. on July race, color, national origin, 22. 1998. Bids will be pub• ancestry, sex or religion in fitly open in the Council any consideration leading Chambers unless other- to the award of contract. wise posted. No bid shall be consid- Copies of the Plans,' ered unless it is prepared Specifications, and con• on the approved Proposal tract documents are avail• forms in conformance with able from the Office of the the Instructions to Bidders_ Director of Public Works, The bid must be ac- Main Street, Hunting- compamed by a certified I2000 ton Beach, CA 92648, upon check, cashier's Check or a payment of a $5.00 nonre- bidder's bond made pay fundable fee it picked up, able to the AGENCY for an 'or payment of a $10.00 amount no less than 10% nonrefundable fee it of the amount bid. The mailed. successful bidder shall be This is a Davis -Bacon licensed in accordance project and Federal Regu- with provisions of the Busi. lations will be enforced. ness and Professions Code Any contract entered into and shall possess a State Contractor's License Class pursuant to this notice will incorporate the provisions at the time of the bid open. of the Federal Labor Stand- ing. The successful Con- ards, which are on file at tractor and his subcontrac- the Office of the Director of tors will be required to pos- sess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregular- ity and to take all bids under advisement for a maximum period of 60 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,i CALIFORNIA, day the 3rd I day of February 1997. Attest: Connie Brock- way, CITY CLERK OF THE CITY OF HUN- TINGTON BEACH Published Huntington Beach -Fountain Valley in- dependent June 25, July 2, 9. 1998. 064.6571 Ow SECTION A Street Huntington aeach,! NOT_. 1J CEINVITING GA 92648 ,:' ` "- SEALED BIDS The AGENCY will; deduct; Jor the;NEWLAND a n10%retention from 4116 'The ENHANCEMENT AREA Progress ;paymenfs: WHEEL CHAIR,RAMPS Contractor inn ., :substitute fCASH¢CONTRACT anQscrW'01�er suiety,•o1 e"gual�valuto ie ret�enn �No 4027 In the in accordance wnhdhpo. CITY OF visions of"::the California HUNTINOTONBEACH Government Code-tSection. `PUBLIC : NOTICE ' IS� 4590. The _Contractor ,shalli EREBY GIVEN ; that the be beneficial owner,of Che: ITY OF - HUNTINGTON surety.., and shall; ,receivei EACH, as. AGENCY, In-1 any interest thereon: . tes sealed ---bids for :the' "The. AGENCY hereby of-� bove .stated. _ projects and ftrmatively- Ensures that mi- ,illii recelvd*,;such bids`. in nobly business enterprises le office of ttie City Clerk, will - be_ - afforded :full _op- econd - Floor; 2000 Main portunity to submitsbids`in treat, Huntington Beach, response to this notice and alifornia:92648, up to the will _ not :tie- -discriminated Dui of 2;00 P.M, on July. against' -on the basis of. 2; 1998-Bids will be.pub= race; -color, nations, origin 1y `open ln'the. Council ancestry; sex or; religion in hambers•: unless _other. any consideration leading !sopost posted: _. twthe award of contract. - . :op .of' the Plans; No bid shall be'.consid- pe .1 lcattons, - and con- eyed unless it is prepared sct_ documents are avail- on the approved'Proposal )le from heOffice of the forms in; �conforriiiance,with IunaaUie,-Tee:: a -picked -up or payment of a $lo.o( nonrefundable _ fee it mailed. This.:_ Is a Davis -Bacon Project and 'Federal Regu• labors-_ will -. be enforced. Any --contract entered Intc pursuant to this notice will incorporate the provisions The -bid-`must be, ac- •companied,.by--.a certified check, cashier's check or, a bidder's bond made pay- able to the AGENCY_foi.an amount no less than 10% lof the amount bid: The isuccessful bidder shall be licensed in accordance Awith provisions of the, Busi- .ness.and Professions Code ;and shall possess a State Econtractor's License -Class of the Federal Labor Stand. -at the time of the bid open- ards, which are on file`at in9 The,`. successful-4.Con-_ t1eAUffice�otatte D¢ecto�of ` uactor and his subconirac P_utYi!'�lyyorttt -Dire tot9f tors will be required to pos- �,;v><,�., ,�,,. �- isess . business licenses: from -the AGENCY. please -;The AGENCY reserves the right- to reject any . or all bids, to waive any irregular Tity and fo,-,take: fall. -bids under advisement for:: a maximum- period of 60 days • - aY. _ORDER of . the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, day the 3rd day of February 1997. Attest: Connie Brock- way, CITY CLERK OF THE 'CITY OF HUN- TINGTON BEACH Published Huntington Beach -Fountain Valley In. dependent June 25, July 2. 9�1998 fit ,l 64:657 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 `- (714) 965-7174 FAX • Client Reference # C� rJ V G16" Independent Reference # e find clipping of your ad from the l beginning make any changes or corrections, ur earliest convenience. s publication will be $ c;;�3 cooperation and patronage. Sincerely, i i r j��`G✓ � /f. K�1 / Judy O�tting Manager Legal Advertising Department i, CITY OF HUI\JTII\JGTO. N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 21, 1999 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, d"W"d, Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion— CC-10-27 —Wheelchair Ramp Construction Project Newland Enchancement Area (Telephone: 714-536.5227 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to C.J. Construction, Inc. who was the company thereon for doing the following work to -wit: Wheelchair Ramp Construction Project for Newland Enhancement Area — CC-1027 That said work was completed April 5, 1999 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 Monday, April 5, 1999. That upon said contract American Contractors Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 21" day of April, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 21" day of April, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACO MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-19 Council/Agency Meeting Held: a 99 Deferred/Continued to: ® Approv 0 ❑ Conditionally Approved ❑ Denied City Clerk's Sig ure Council Meeting Date: April 5, 1999 Department ID Number: PW 99-19 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION - C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CO SUBMITTED BY: RAY SILVER, City AdministratQroA? D > J` PREPARED BY,F. BEARDSLEY, Director of Public Work �. DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept the Wheelchair Ramp Construction Project.for the Newland Enhancement Area; CC-1027 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: C. J. Construction, Inc. has completed the contract for the construction of wheelchair ramps within the Newland Enhancement Area; CC-1027. Funding Source: Sufficient funds were approved for this project from Account Number E-HQ-ED-827-6-39-00. Recommended Action: Motion to: Accept the Wheelchair Ramp Construction Project for the Newland Enhancement Area; CC-1027 and authorize the City Clerk to file a Notice of Completion with the County's Recorder Office. Alternative Action(s): None Analysis: On August 17, 1998, the City Council awarded a contract to C.J. Construction, Inc. to construct fifty-one (51) wheelchair ramps within the Newland Enhancement Area in the amount of $35,375.00. The adopted project budget also included $3,538.00 to cover potential change orders and $2,087.00 for supplemental expenses for a total of $41,000. This project is now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk to file the Notice of Completion. CC1027 ACCEPT RCA -2- 03/17/99 12:04 PM RROUEST FOR COUNCIL ACTIA MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-19 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $35,375.00. $ 34,700.00 2. Change Orders: 3,538.00 4,001.50 Subtotal: $38,913.00 $ 38,701.50 3. Supplemental Expenses: 2,087.00 0.00 Total: $41,000.00 $ 38,701.50 One change order was issued for an additional sidewalk and curb and gutter removal and reconstruction at ramps where the existing improvements were either deteriorated or out of grade. Environmental Status : Not applicable. Attachment(s): RCA Author: J. Miller CC1027 ACCEPT RCA -3- 03/17/99 12:04 PM 0 RCA ROUTING S%EET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Wheelchair Ramp Construction Project for the Newland Enhancement Area; CC-1027 COUNCIL MEETING DATE: April 5, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' EXPLANATION FOR RETURN OF ITEM: A CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE:I`' TO: e . ,/ . O)n, T77e 00 Ti Di✓ Name // 7,36 1F. FirPs� eJ�3/vc �o2 Stre t -/ .,�%irQQG City, State, Zip ATTENTION: jc) �✓ (5f�''1 o DEPARTMENT: 1prellsz' de7�?e REGARDING:euJ �-v7/7&ne.e/Ve o9 hee/Ch41✓ _"qeeess �Ama See Attached Action Agenda Item tJ Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 6X44t, dz Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds RCA Deed CC: N Dep ent RCA Agreement ado)iY1� / Name Department RCA Agreement Name Department to s '2.b ✓ ,/ Name Department RCA Agreement Name eRlc 3jr/� Nam Department / RCA Agreement C�- �'Y%n�0az�1 Risk Management Dept. Insurance Other ---j/jpaQN Insurance Other Insurancy Other Insurance Other Insurance Other Insurance Received by Name - Company Name - Date GTollowup/coveritr ( Telephone: 714-536-5227 ) • I have received Performance Bond No. 57836, and Performance Bond No. 57836, American Contractors Indemnity Company — C.J. Construction Company. Re: CC-1027 — Newland Enhancement Area Wheel Chair Access Ramp, CC-1027 Approved 8/17/98. Dated: d �� By: AMERICAN CONTRACTORS INDEMNITY COMPANY 242 East Airport Drive, #211, San Bernardino, CA 922408 (909) 8901600. (909) 890 1501 Fax PERFORMANCE BOND Bond# 57836 KNOWN ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal and American Contractors Indemnity Company, of the State of California, a Surety, are held firmly bound unto the City of Huntington Beach (herein after called the obligee) in the full and just sum of Thirty Five Thousand Three Hundred Eighty Five and no/100 ($35,375.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to entered into a contract, dated August 19, 1998 with the Obligee to do and perform the following work -to -wit: Contract CC-1027: Wheel Chair Construction in the Newland Enhancement Area NOW THEREFORE, if the principal shall well and truly perform the work contracted to be performed under said contract and shall guarantee the work for a period of one year after the City's acceptance thereof, then this obligation shall be void; otherwise to remain in full force and effective. Signed and sealed this 18h day of September, 1998 J Cp�tstruction, Inc. rno, President Surety: Ame ' Contractors Indemnity Company BY: erary W Y11lliams, Attorney In Fact l:A T CITY ATTO ;; ' By: D ���:. , ^ L -y AttorneY • CALIFORNIA 0 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On `�—o% ' % before me, Sandra E. Schott. Notary Public, personally appeared personally known to me; or proved to me on the basis of satisfactory evidence to be the persor)(.5) whose name'K is/ar6lsubscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/theft authorized capacity(ieg), and that by hWher/their- signature(s) on the instrument the person(,$), or the entity upon behalf of which the perso s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) S NDRA E SCHOTT Commission # 1195= Notary Pubric - CoMomia Loa Angeles County My comm. B pkes Sep 30, 2M2 Sig ature of Notary Public ********************************************************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) � Corporate Officer Titles and and Partner(s) Limited General Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: ; ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Lack - Date of document: Signer(s) other than named above: zl.'w lUi. did Z) Ic THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On September 18, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscribed within this instrument and acknowledged by me that he executed the same in his authorized capacity and that by his signature on the instrument acted and executed the instrument. WITNESS my hand and offical seal. Signature ., .� (Seal) Document: Performance & Payment Bond C J Construction, Inc. ACIC City of Huntingbeachl Bond#57836 998 AMERICAN CONTRACTORS INDEMNITY COMPANY 242 East Airport Drive, San Bernardino, CA 92408 ((909) 890 1500. (909) 8901501 Fax PUBLIC WORKS PAYMENT BOND Bond#57836 T= ; l G:y a0T Pit, KNOWN ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal and American Contractors Indemnity Company, of the State of California, as Surety, are held firmly bound unto the City of Huntington Beach (herein after called the obligee) in the full and just sum of Thirty Five Thousand Three Hundred Eighty Five Dollars ($35,385.00) for the payment whereof in lawful money of the United States, we bind ourselves, out heirs, administrators, executors of seccussors, jointly and severally, finely by these presents. THE CONDITION , of the above obligation is such that, WHEREAS, the said Principal has entered into a contract, dated August 19, 1998 with the Obligee to doa perform the following work to -wit: Contract CC-1027: Wheel Chair Construction in the Newland Enhancement Area NOW THEREFORE, if the said Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the surety will pay for the same, in the amount not exceeding the sum specified in this bond and also, in case suit is brought upon this bond, a resonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 18th day of September, 1998 ci oalr-C—d-Construction.,thc. a Surety: Am ?ican Contractors Indemnity Company BY: Gary W illiams, Attorney In Fact • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On L� !�U before am, Sandra E. SchottNota Public, personally appe d personally known to me; or proved to me on the basis of satisfactory evidence to be the persogW whose name,,(-s) is/ace-subscribed to the within instrument and acknowledged to me that he/she hey executed the same in his eir authorized capacity(ies} and that by his hef—signatur*s) on the instrument the person(,, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. AsANo� E scHorr ;(SAL) _ Commission # 1195= Notary Public - California f Loa Angeles County My Comm. apies Sep 30, 2002 i ture of Notary Public ********************************************************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _ In ' idual(s) orporate Officer Titles _ Partner(s) _ Attorney -in -Fact _ Trustee(s) _ Guardian/Conservator Other: and and Limited General Signer is representing f ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unaoorized document. 4 Title of type of document: Number of pages: Datc^oq docume :' Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On September 18, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscribed within this instrument and acknowledged by me that he executed the same in his authorized capacity and that by his signature on the instrument acted and executed the instrument. WITNESS my hand and offical seal. Signature (Seal) Document: Performance & Payment Bond C J Construction, Inc. ACIC City of Huntingbeachl Bond57836 >-...., P�1. E. GLASSt•:':.. COMM. #10419511; rr 0 APY P'j-ELIC • CA!-!FC'- E. GLASS`1tR COMM. #1041998 v - • American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY C011APANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Crary W. Williams or Ernest Arutunian or Vernon H. Fix or N1. E. Glassner as its true and lawful Attorneys) -in -fact, in amount of S 500,000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY CO,1,v1P.ANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of ANIERICAN CONTRACTORS INDEMNITY COMP.A.WL , at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorneys) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COb1RkNL Y has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 1st day of June , 19 98 e STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTRACTORS ErilT MPAi�IY By: Andy Faust, President On June 1, 1998 before me, B. Caindec , personally appeared Andv Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,,, S. CANDEC CcnvrAWcn it 1(148-0 Notary Public — C4 forrk i f Los Anq*w County My Comm. En es Mcy 28, 2M) CERTIFICATION I. the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney' as not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 18 day of September , 19 98 Albert Baumgarten, Secretary AMERICAN CONTRACTORS INDEMNITY COMPANY 242 East Airport Drive, #211, San Bernardino, CA 922408 (909) 8901500. (909) 890 1601 Fax PERFORMANCE BOND Bond# 57836 KNOWN ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal and American Contractors Indemnity Company, of the State of California, a Surety, are held firmly bound unto the City of Huntington Beach (herein after called the obligee) in the full and just sum of Thirty Five Thousand Three Hundred Eighty Five and no/100 ($35,375.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to entered into a contract, dated August 19, 1998 with the Obligee to do and perform the following work -to -wit: Contract CC-1027: Wheel Chair Construction in the Newland Enhancement Area NOW THEREFORE, if the principal shall well and truly perform the work contracted to be performed under said contract and shall guaranteethe work for a period of one year after the City's.acceptance thereof, then this obligation shall be void; otherwise to remain in full force and effective. Signed and sealed this 18h day of September, 1998 PrJxwiNl: CA Construction, Inc. o, President Surety: Am ' n Contractors Indemnity Company BY: Gary W illiams, Attorney In Fact AY.L'!;iiti'ED AS TO FORM91 G3IL 'MUTTON CITY ATTO h; By: DI City Attorney • C7 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On l beforg, me, Sandra E. SchottNotary Public, personally app ed t/ personally known to me; or proved to me on the basis of satisfactory evidence to be the person(s) whose nar ems) Ware subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/herahoif-authorized capacity(ieo, and that by hishef4he eignaturerg) on the instrument the person(, or the entity upon behalf of which the perseni s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) 1,16 SANDRA E. SCHOTf Commission # 1195332 = ZL2 WtCry PUbliC - Callfomio Los Angeles County My Comm. Sep30.20022 Signature of Notary Public ********************************************************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not -require the notary to.fill in the.data below, doing so may -prove invaluable to persons relying on the document. Individual(s) rporate Officerx Titles Partner(s) Limited Attorney -in -Fact Trustee(s) Guardian/Conservator Other: and and General Signer is representing ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Signer(s) other than named above: J Date docume�r�: / THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On September 18, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscribed within this instrument and acknowledged by me that he executed the same in his authorized capacity and that by his signature on the instrument acted and executed the instrument. WITNESS my hand and offical seal. Signature (Seal) Document: Performance & Payment Bond C J Construction, Inc. ACIC City of Huntingbeachl Bond#57836 -1 - a CC_-Flypue o ..�_'_i=ORS U °? - AMERICAN CONTRACTORS INDEMNITY COMPANY 242 East Airport Drive, San Bernardino, CA 92408 ((909) 890 1500. (909) 8901501 Fax PUBLIC WORKS PAYMENT BOND Bond#57836 AND S SUS dT EAS=D ON FINAL CON-. -..- CT Fi;.CE KNOWN ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal and American Contractors Indemnity Company, of the State of California, as Surety, are held finely bound unto the City of Huntington Beach (hereinafter called the obligee) in the full and just sum of Thirty Five Thousand Three Hundred Eighty Five Dollars ($35,385.00) for the payment whereof in lawful money of the United States, we bind ourselves, out heirs, administrators, executors of seccussors, jointly and severally, firmly by these presents. THE CONDITION , of the above obligation is such that, WHEREAS, the said Principal has entered into a contract, dated August 19, 1998 with the Obligee to do a perform the following work to -wit: Contract CC-1027: Wheel Chair Construction in the Newland Enhancement Area NOW THEREFORE, if the said Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the.surety will pay for the same, in the amount not exceeding the sum specified in this bond and also, in case suit is brought upon this bond, a resonable attorney's fee, to be fixed by the court. This bond shall.inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 18th day of September, 1998 J Construcction, Ijtc. nt Surety:. A n Contractors Indemnity Company BY: 'ary W. illiams, Attorney In Fact APPROVED AS TO FOT4:. GAIL HUTTON CITY TT MEY By: D p City Attorne4 • CALIFORNIA • ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES Onbefore me, . Sandra E. Schott, Notary Public, personally appeared personally known tome; or proved to me on the basis of satisfactory evidence to be the perso*) whose namej<Sj is/ar6'subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity6eg), and that by his, n)er4theif- signature(s) on the instrument the perso, or the entity upon behalf of which the perso s) acted, executed the instrument. WITNESS my hand and official seal. SANDRA E SCHOTT (SEAL) Commission # 1195332 Notory Public - COlifamia J Los Angeles County C%G My Comm. bpkm Sep 30, 2002 ature of Notary Public ********************************************************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. &nd::ivdual(s) i Corporate Officer(s) Titles and and Partner(s) Limited General Attorney -in -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: 'I ZF ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: I Qw k('K. Number of pages: Date of document: Signer(s) other than named above: (' &I THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On September 18, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscribed within this instrument and acknowledged by me that he executed the same in his authorized capacity and that by his signature on the instrument acted and executed the instrument. WITNESS my hand and offical seal. Signature (Seal) Document: Performance & Payment Bond C J Constriction, Inc. ACIC City of Huntingbeachl Bond:57836 =:<<, M. P. GLA =,j s . -`. Co i4i M. � i ni4 i j��cr=. ' A • American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS TNDEM2N. = COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby.constitute and appoint: Crary W. Williams or Ernest Arutunian or Vernon H. Fix or.1. E. Glassner as its true and lawful Attorneys) -in -fact, in amount of S 500,000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEbi1NTTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMP.40TY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorneys) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 1st day of June , 19 98 _ CT0,p,r�y; 5 INCORPORATED SEn 26,1M STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTR=S=.�5MPA1�iY By: Andy Faust, President On June 1, 1998 before me, B. Caindec personally appeared Andv Faust - personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 9. CAINDEC wCcrrvrt1Wcn N 109M Notary Pu ac — CditrNo )1!Los Angeles Courtly W Comm. E-4Nm Mcy 28. 2a)o CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 18 day of September , 19 98 Albert Baumgarten. Secretary American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS 1NDE1WN- 'Y COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Gary W. Williams or Ernest Arutunian or Vernon H. Fix or 11. E. Glassner as its true and lawful Attomey(s)-in-fact, in amount of S 500,000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said ANIERICAN CONTRACTORS INDEN24= COMPANY, as fully and amply; to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and byanauthority of resolutions adopted by the Board of Directors of ANfERICAN CONTRACTORS INDEN1 1= COMP.AiWL , at a meeting called d held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attomey(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 13 i WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 1st day of June ,19 98 `o�•�q,?,CTO,��yo s INCORPORATED Z SEPL 26, IM STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTRALTOS �UTANY By: Andy Faust, President On June 1, 1998 before me, B. Caindec , personally appeared Andv Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. B. CANDEC Conynbslen N 10"M z i Notory Public — Cafoth a Loa Angeles County .y6My Comm. Expkw May 28. 20CU CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTLMONY WHEREOF, I have hereunto set my hand this 18 day of September , 19 98 Aibert Baumgarten, Secretary FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C. J. CONSTRUCTION, INC. FOR THE NEWLAND ENHANCEMENT AREA WHEEL CHAIR ACCESS RAMP (CC-1027) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 6 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 8 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGES 9 11. PREVAILING WAGE LAW 12 12. WITHHOLDING 12 13. HEALTH AND SAFETY 13 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 14 15. APPRENTICES AND TRAINEES 14 16. PAYROLLS & BASIC RECORD 16 17. LIQUIDATED DAMAGES/DELAYS 19 18. INDEPENDENT CONTRACTOR 21 19. DIFFERING SITE CONDITIONS 21 20. VARIATIONS IN ESTIMATED QUANTITIES 22 21. PROGRESS PAYMENTS 22 22. WITHHELD CONTRACT FUNDS 23 23. AFFIDAVITS OF SATISFACTION OF CLAIMS 23 24. WAIVER OF CLAIMS 24 25. INDEMNIFICATION; DEFENSE; HOLD HARMLESS 24 26. WORKERS' COMPENSATION INSURANCE 24 27. INSURANCE 25 28. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 26 29. DEFAULT & TERMINATION 27 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER 27 31. NON -ASSIGNABILITY 27 32. CITY EMPLOYEES AND OFFICIALS 28 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 28 34. NOTICES 28 35. CAPTIONS 28 36. FEDERAL PARTICIPATION 29 37. DAVIS-BACON ACT 29 38. DISPUTES CONCERNING LABOR STANDARDS 29 39. CERTIFICATION OF ELIGIBILITY 30 40. DISCRIMINATION; MINORITIES; ALIENS 30 41. EQUAL EMPLOYMENT OPPORTUNITY 31 42. COPELAND "ANTI -KICKBACK" ACT 31 43. CLEAN AIR ACT 32 44. ENERGY CONSERVATION 32 45. HOUSING AND URBAN DEVELOPMENT 33 46. CONTRACT TERMINATION; DEBARMENT 33 47. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES 33 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 33 49. VIOLATION; LIABILITY FOR UNPAID WAGES 34 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 35 51. SUBCONTRACTS 35 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED 36 53. ATTORNEY FEES 36 54. ENTIRETY 36 • FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C. J. CONSTRUCTION, INC. FOR THE NEWLAND ENHANCEMENT AREA WHEELCHAIR ACCESS RAMP (CC-1027) THIS AGREEMENT is made and entered into on this 7'`4 day of Ad us -r 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and C. J. CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the Newland Enhancement Area Wheelchair Access Ramp (CC-1027), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this AGREEMENT pertains is being assisted by the United States of America, and Federal Labor Standards Provisions are included in this AGREEMENT pursuant to the provisions applicable to such Federal assistance. The Housing and Urban Development Act of 1968, as amended in 1992, 12 USC 1701u, is referred to as HUD Section 3. Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, provides HUD Section 3 contract clauses. The work to be performed under this AGREEMENT is subject to the requirements of HUD Section 3. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development ("HUD") assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, g/agree/cc-1027/j mf/j n/8/ 17/98 be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK. The parties to this AGREEMENT agree to comply with HUD's regulations in 24 CFR part 135, which implement HUD Section 3. As evidenced by their execution of this AGREEMENT, the parties to this AGREEMENT certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under HUD Section 3, and will post copies of the Notice of Economic Opportunities for Low- and Very Low -Income Persons in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the HUD Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the HUD Section 3 contract clauses in every subcontract in compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. 2 g/agree/cc-1027/j mf/j n/8/ 17/98 • • CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD Section 3 per 24 CFR part 135 may result in sanctions, termination of this AGREEMENT for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with HUD Section 3 covered Indian housing assistance, Section (b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this AGREEMENT. 25 USC 450e section (b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this AGREEMENT that are subject to the provisions of HUD Section 3 and 25 USC 450e section (b) agree to comply with Section 3 to the maximum extent feasible. g/agree/cc-1027/j mf/j n/8/ 17/98 • • CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. 4 g/agree/cc-1027/j mf/j n/8/ 17/98 It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The latest edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY. (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. g/agree/cc-1027/j mf/j n/8/ 17/98 0 • Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed thirty-five thousand three hundred seventy-five dollars ($35,375) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this AGREEMENT. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty (30) working days from the execution of this AGREEMENT by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the g/agree/cc-1027/jmf/jn/8/ 17/98 efficient completion of the PROJECT and in accordance with the terms and conditions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. g/agree/cc-1027/j m f/j n/8/ 17/98 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 8 g/agree/cc-1027/j mf/j n/8/ 17/98 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage 9 g/agree/cc-1027/jmf/jn/8/ 17/98 0 U determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the AGREEMENT shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) 10 g/agree/cc-1027/j mf/j n/8/ 17/98 In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day - period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this AGREEMENT from the first day on which work is performed in the classification. 11 g/agree/cc-1027/j mf/j n/8/ 17/98 Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If CONTRACTOR does not make payments to a trustee or other third person, CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. CITY has ascertained from HUD the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this AGREEMENT, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this AGREEMENT. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from 12 g/agree/cc-1027/j mf/j n/8/ 17/98 CONTRACTOR under this AGREEMENT or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by CONTRACTOR or any subcontractor the full amount of wages required by the AGREEMENT. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), all or part of the wages required by the AGREEMENT, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to CONTRACTOR, disburse such amounts withheld for and on account of CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the worker's health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in 13 g/agree/cc-1027/j mf/j n/8/ 17/98 imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. APPRENTICES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage 14 g/agree/cc-1027/j mf/j n/8/ 17/98 determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. TRAINEES. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than 15 g/agree/cc-1027/j mf/j n/8/ 17/98 permitted under the plan approved by the. Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the PROJECT). Such records shall contain the name, address, and social security number of 16 g/agree/cc-1027/j mf/j n/8/ 17/98 each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission 17 g/agree/cc-1027/j m f/j n/8/ 17/98 of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the AGREEMENT and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the AGREEMENT during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the AGREEMENT; The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required in this section; The falsification of any of the above certifications may subject CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD 18 g/agree/cc-1027/jmf/jn/8/ 17/98 or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of two hundred fifty dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes 19 g/agree/cc-1027/j mf/j n/8/ 17/98 beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics; quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 g/agree/cc-1027/jmf/jn/8/17/98 18. INDEPENDENT CONTRACTOR. It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. DIFFERING SITE CONDITIONS. (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21 g/agree/cc-1027/j mf/j n/8/ 17/98 20. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 21. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of 22 g/agree/cc-1027/j mf/jn/8/ 17/98 the work completed since the commencement of the PROJECT, as determined by the DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 22. WITHHELD CONTRACT FUNDS; SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 23. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working on the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 23 g/agree/cc-1027/j m f/j n/8/ 17/98 24. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 25. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 26. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than one hundred thousand dollars ($100,000) bodily injury by accident, each occurrence, one hundred thousand dollars ($100,000) bodily injury by disease, each employee, two hundred fifty thousand dollars ($250,000) bodily injury by disease, policy limit. 24 g/agree/cc-1027/j mf/j n/8/ 17/98 • • CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 27. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 25 g/agree/cc-1027/j mf/j n/8/ 17/98 0 • 28. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 26 g/agree/cc-1027/j mf/j n/8/ 17/98 29. DEFAULT AND TERMINATION. If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 30. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 31. NON -ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety 27 g/agree/cc-1027/j mf/j n/8/ 17/98 32. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 33. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 34. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply• 35. CAPTIONS. Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 28 g/agree/cc-1027/j mf/j n/8/ 17/98 36. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this AGREEMENT is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this AGREEMENT in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 37. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this AGREEMENT. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. All rulings and interpretations of the Davis - Brown and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated in this AGREEMENT. 38. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this AGREEMENT shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 29 g/agree/cc-1027/j mf/j n/8/ 17/98 39. CERTIFICATION OF ELIGIBILITY. By entering into this AGREEMENT, CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this AGREEMENT shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 40. DISCRIMINATION; MINORITIES; ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 30 g/agree/cc-1027/j mf/j n/8/ 17/98 41. EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, CONTRACTOR shall provide CITY with its written affirmative action plan prior to commencement of work. CONTRACTOR is required to provide CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 42. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this AGREEMENT. 31 g/agree/cc-1027/j mf/j n/8/ 17/98 0 • 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this AGREEMENT were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this AGREEMENT is under consideration to be listed on the EPA List of Violating Facilities. (d) CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this Section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 32 g/agree/cc-1027/j mf/j n/8/ 17/98 45. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the AGREEMENT, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 47. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the AGREEMENT are applicable shall be discharged or in any other manner discriminated against by CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this AGREEMENT to his employer. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. kil g/agree/cc-1027/j mf/j n/8/ 17/98 • No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. As used in this Section, the terms "laborers" and "mechanics" include watchmen and guards. 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 or her health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 49. VIOLATION; LIABILITY FOR UNPAID WAGES, LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in Section 48, CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section 48, in the sum of $10 for each calendar day on which such individual was required or 34 g/agree/cc-1027/j m f/j n/8/ 17/98 • permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section 48. 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section 49. 51. SUBCONTRACTS. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Sections 48 through 51 and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Sections 48 through 51. CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 35 g/agree/cc-1027/j mf/j n/8/ 17/98 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 53. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney fees. 54. ENTIRETY. The foregoing represents the entire AGREEMENT between the parties. REST OF PAGE NOT USED 36 g/agree/cc-1027/jmf/jn/8/ 17/98 0 C. J. LIN al IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. CRUCTION CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California int name Mayor one) Chairm rest en ice ATTEST: AND �. City Clerk M-ct 'r r mnG-c print name_ ITS: (circle o Secret hief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: CtPrAdministrator 37 APPROVED AS TO FORM: 8�A, �8 IN D APPROVED: r U1 v Director of Public Works ity Attorney g/agree/cc-1027/jmf/jn/8/ 17/98 • • rr�� �•�- c aye ���2 ' :.:•. DATE (7✓! &DONY) mP1� b, Can 6 IF8 '�. F N... `�:RAf;�CE.. 04/09J98 ROOUCEa THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION werbeck CumUa-,y ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3 2 ? 0 Inland E(^r� i r R 'Jd 10 0 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario, CA 9 ; ?,;4 ei>Yk Ygrrrrr��c�b�• �D `•T i9y0�/LO1/CC?—. -__. COMPANIES AFFORDING COVERAGE A� 7 CCMPANV _` ANew-Ham� pshire Insurance comp a)iv/RIG iSURED - . C.J. Con ij rC . 1 on, LGM.PBANY 14730 E. P ----••• .or_e Bou7 evard 0302 - COMPANY La Miran;1, ,-A .G536 c CO:,PANY - D '.QYERAGES :.. Tt IS IS 70 CERTIFY T; .A-, T IiE P� L:r_!�S OF INSURANCE LISTcO BELOW HAVt BEEN 13SUE0 TO THE INSUPS-0 NxWrO ABOVE FOR THS POLICY PER10D INDICATED, NOT'MTI.I,STArJ01' /7 a;vY RECUAEI :ENT, TrFAM OR CONDITION OF ANY CONTRACT OR OTHER DOCLI,M.F_NT WITH RESPECT TO WHICH THIS CEP.TiPCATE NIAY 66 ;SSUFrt OR -,AAY PERTAIN, tHE iNSURAt�GE AFFORDED BY T) )E POLICI'_S D6SCRIRrO HEREIN IS SC&ECT TO ALL THE TERPAS, LxCLUS'O�S A rD CON :E':(J`: S 0. SUCH POL)CI'cS. LIPAITS SHOWN Mar rIAVE BEEN REDUCED 6Y PAIO CL4.WA ' TYOE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIWTS i DATE (IONWONY) � DATt tWAVOOM) GENERAL LlAsILITY C P P 0 0 0 0 710 010 4 9 8 ; 0 4/ 0 3/ 9 8' 04 / 0 3/ 9 9; GENERAL AGGREGA7 =_ 's2 0 0 0 0 0 0.._ ;XccMlasPc. r,ENR-.: L,a;l1-Y Pa00uCTSco1V.P.pPAGG s1--,L000L000 ;CWI'r:S .'AUc i s i�L'!:U�• xow,_,;,coNTR�G ....... ....... . ; PiRSONAL .\ ACV INJURY` EACH CURP.0 OE _ - 'F RE- DAMAGE (Any. one linri MEO FXP (AnY ono person) 'S1 �.0 0 0 , _O 0 0 r, _1, 00o Onci _; 55 0 , 0.0 0 S5,000 �AUTOmOBILELIABRITY CA0000710011698 04/03/98 :04/03/99 i x ativ auTO CCrt RIN£O SINGLE LIMIT :S1 , 0 0 0, 0 O 0 1 ALL O%VNC:D AUTOS y ..... ' BODILY IN,rUf1v �S SCHcO'JLe0 Au`I Vr: (Per vemen) HIRE 0AUTOS NCN-pW1.00AUTO': BODILY INJURY � '(Paraccidenl) .S PROPERTY DAMAGE GARAGE LIA6:LITY _ _... ;AUTO ONLY -EA ACiDENT �s ANT AUTO _ :0-rNER THAN aiITOONLY; EACnACCIOCNT?�.. .__ .. -.... _,._. AGGREGATE .S EXCESS LIP.BIUTt Eagrl CiCCL'P•,RE_NCE :5 ..� lt•3AELLLFQP.bt �.�,' �C+- _ AUCREO.AIE _ I 0`RER THaN LM.t.'-'.I.A )VORKEH$COIMPe'19Ar: .NAND ,� :f,., STATUTORY LIMITS STATUTORY L'til1TS :V EMPLOYER'+' LIae1LITr � ,', r eACH ACC10FNT.. THE PP.>°9IETOR/ Ir:CL OISE.aSE•POLICY L•;. n � PAPTXERS;EXECL'TIV_ --- '.-. .. •_-_ .. .. _.._.. ._. CFFICc'>A _ .. _ ._.. — '01SEASE-EACII EMPLUVES'S _ pT4ER —• .p VTION OF OPERALOCAI;ONFS�VEH:CLtS'bPEGAL ITCMfi . -11'eel _ ,ai._ ...onsrruction ha :cement Aj eci •= , CC 1016. ee AtcaC2:e(I S-J,•I_dula. ) 7TIFICATE HOLDER in the A berleat and Florida/Utica s10 Days ?notice of Cancellation for Nc;n City of 14ir)` i.ngton Beach 2000 M.yin . --Peet hunt :,_,ton. Beach, CA 92G48 Attn . i... ti . Char loniie CANCELLATION SHOULD ANY OF ; HE ABDvE DcsCR:Dco nm.-c,es OF. CANCELLED BEFORE THE EY.PIaATION ATE THEREOF, THE UI,�rG l;uMPariY witaJ111121MAIL k -a DAV�-, WRITYEM NO I T 'HE CERTIFIC*TE HOLDER NAnrtDT•O THE LCFT ORES Nt TIV ^r v{ 0 ACO 0 CORPORATION.i99 b0 ,-0 ,d . 8b60.01 'ON YU4— 0 X� -17 .:DESCRIPTION :, , '' -.Co..:%, �,:.f e.A. ....::(C.Oninue TPMP�9 )ayment of Premnie n. Certificate holder is additional insured per CG2UO9 ittached wording is included in the policy. The cancellation ilaurze is di;it:-!)ded to dcletc- "endeavor to" and "but failure to... wording. the above detailed cove,, --age is not subject to any deductible or self - insured retc-:ntion, or any other tunii of similar type limitation. A1110411�0 /oo: ell-Y e4e4& VIWII- &4,65' 410. oloo.&.C,r W/P elah a /,c, 1,Ca M1, JIWAC-0-lea-'),C &Alew, 2 of 2 k49SA') ulue*o �m IVION314WOO �NRNaAq, „-= 4; GOODti1�N 1 NIPNCE TEL:1 114 365�'7 �•�� : CERTIFICATE OFLIABILITY Y INSU , ID JC DATE(hTIdIDOTYY] JCObT02 04/28/98 1KcOUCER /7Oi20 /�f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Goodman Insurance Agency, Inc. O 28202 Cabot Road, Suite #110 Clex k HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DY THE POLICIES BELOW. Laguna Niguel CA 92677-1248 ICU/ �/e Na COMPANIES AFFORDING COVERAGE . 600. %� e� Phoee Ne. 714-365-8700 Fa■No. — - COIaPANY A CALIFORNIA COMPENSATION INSURED C c7m6e/lraG /� Y/ cla )�� COMPANY GC COMPANY C.J. CONSTRUCTION C 14730 East Sirestone, #301 La Mirada CA 90638 COhIPANY D COVERAGES.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DAME (rdKVDIYY) I LIh,ITS v� GENERAL LIA131LITY I I I GENERAL AGGREGATE i COMMERCIAL OENERAL LIABLITY CLAIMS MADE D DCCVR .. PROOUCTS COMP/OP AOG $ PERSONAL & AOV INJURY S OWNER'S R CONTAAcrowS PROT i Ehz- OCCJF;REN0EE 5 PRE DAMAGE (Any ona Rra) S i IVED EXP (A-V ono pen -on) I S AUTOMOBILE LIABILITY ANY AUTO COM91NGO SINGLE LIMIT S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per pereen) S HIRED AUTOS NON -OWNED AUTOS - BODILY I” JURY (Par eceldenq S PROPERTY DAMAGE i GARADE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACA ACCIDENT $ r l' AGGREGATE S '-) EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S' OTHER THAN UMBRELLA FORM I .. -- S WORKERSCOMPENSATION WORKERS COMPENSATION AND S'LIABiLITY V1 ATU. I OTN ' _X i TORY LIMITS EREMPLO EL EACH ACCIDENT S 1,000,00o A THEPRCPRIETOR/ �, INCL PARTNER&EXCULnWE G981116877 01/01/98 01/01/99 ELDISEA.SE•POLICYL%Arr 3 1 000,000 ELCISEASE-EAEUPL0YEE S 1 000.000 OFFICERS ARE; EXCL j OTHER * EXCEPT 10 DAY NOTICM ¢Da Won FAYMErT & NON SUBMSSION, OF PAYROLL DESCRIPTION OF OoERArIDNSILOCAT:ON3IVEHICLE5I3PECIAL ITEM3 WORK COMP ONLY / RE. WHEELCHAIR RAMP CONSTRUCTION .PERT(FICATE'NO.LPER' :':: , : - QIhNCEL:fiTIQN .. . CTYHUNT SKOULD ANY OF THE ABOVE DESCRIBED POLICIE5 BE CANCELLED 6EPORE THE CITY OF HUNTINGTON BEACH ATTN. ERIC CHARLONE EXPIRATION DATE THEREOF, THE ISS)INO COMPANY WILL W.WZ4,V90aV MAIL *30 DAY5VIRITTEHNOTICE TOTHE CERTIFICAT2HOLDERNAMED T07HELEFT, 2000 RAIN ST. a I� +orle g r 1 HMTI14GTON BEACH CA 92640 rJ " ��• " AUTHORIZCD REPRESENTATIVE ACORb z5is (1125): r d ORq CORPORATION 4S6D r- neral Liability PaSe 88 00000710010498 :IE+ iia1l"FriI-RE *CO. MOM ��7�9e' POLICY FORMS & ENDORSEMENTS Merritt R+MarIUM Commercial Risks t, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RM IT CAREFULLY. APPieol/�: �I�dJ �/iY CGe� Yi9-v[,T Gi, ADDITIONAL INSURED —OWNERS, LESSEES 0r 60a.ID 0,7. C�lliee%hair ti° e-m CONTRACTORS (Form A) anbte./ea.F� ,�lak-,�/¢,1,t This enccrserreni notifies irsurarca provided under the following CCMMERC!AL GENERAL LIABILITY COVERAGE PART. SCHEDULE N _ e otP©rsanpr QWnizatlon Additional insured): Location of rr? titN y of un _i" u ton cis, its Acents,loyees, Covered Operations 'und lvh_ae1 Chair Constxioction in the Amberleaf and F 1or_da/JticzA Erl-iance ant_ Areas, CC1016 Premium gasis Rates Advance Premium Bodily injury and (Per Property Damage Liahility _ Cost $1000 of cost) S ToW Advance Premium 5 (lf no entry appears above. information required to complete this °ndorsement will be shown in the Declarations as applicable to ?his ar.dcrsernerit.) 1. wHC !S AN INSURED (Section 11) is arended to (a) All work on the protect (other than include as an Insured ;he person or organization service. maintenance, or repairs) to (callec "aCditional;n5Lred") shown in the Sc^ed- be performed by or an behalf of the ule but only with respect to liability arising out of: additional insured(s) at the site of the A. "Your work" for the additional :nsured(s) at covered operations has been com- the !ocat cri designated above, or pleted: or S. Acts or omissions of tie additional insureds) (b) —that portion of "your work" out of which the injury or damage arises has in connec'ion with their general supervision of "your work" at the location shown in the beer. put to its intended use by any Schedule. person or organization other than an- other contractor or subcontractor 2. Witn respect to the insurance afforded these addi- engaged in performing operations for tonal insureds, the following additional provisions a principal as a part of the same apply. - project. A. 'done of the exc'.usions under Coverage A. (3) "Sodily injury" or "property Carnage" except exclusions (a). (d), (e). (f). (h2). (1). arising out of any act or ornission of the and (rn), apply to this insurance. additional insured(s) or any of their em- B. Additional F"c!usion5. This insurance does ployees, other than the genera( Supervi- not apply to: sion of work performed for the additional (1) "Bodily injury" or "property damage" insured(s) by you. for which the additional insured(s) are (4) "Property damage" tor. cniigated to pay damages by reason of (a) Property owned. used or occupied by the assumption of liability in a contract or or rented to the additional insured(s); agreement. This exclusion does not apply toiiabilityfordamagesthattheadditional (b) property in the care. custody, or con- trot of the additional insured(s) or insured(s) would have in the absence of over which the additional insureds) the contractor agreement. arc for any purpose exercising phys- (2) "Bodily injury" or "property damage" ical control; or occurring after: (t) "Your work" for the additional in- sured(s). t w CG 2C 09 1185 Copyright. Insurance Services Orflce. Inc., 1984 Q --- r77rrni,LnQ •Mr Vu� ,ui nual.n.ln� v�aauanN �7: h i a!l.i. R-b i -xaH ---------------- - (5) 08/17/98 -Council/Age* Agenda - Page 5 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned regular meeting of July 13, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Approved and Adopted 7-01 E-2. (City Council) Approve Contract Amendment No. 2 - All American Asphalt Company - For Residential Street Overlays - MSC 397 (600.50) - Approve Amendment No. 2 to Agreement Between the City of Huntington Beach and All American Asphalt, Inc. originally entered into on June 3, 1996 for residential streets overlay and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0-1 (Green absent from room)] E-3. (City Council) Award Bid And Approve Construction Contract For The Wheelchair Ramp Construction Project In The Newland Enhancement Area; CC-1027 - C.J. Construction. Inc. (600.70) -1. Approve the lowest responsive/responsible bid submitted by C.J. Construction, Incorporated, for the Wheelchair Ramp Construction Project in the Newland Enhancement Area, CC-1027; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $35,375; and 3. Authorize the Public Works Department to expend a total of $41,000 including the contract amount of $35,375, anticipated construction change orders of $3,538 and supplemental expenditures of $2,087. Submitted by the Public Works Director [Approved as amended to include the figure of $250 in the liquidated damages portion of contract - 6-0-1 (Green absent from room)] E-4. (City Council) Approve Appointments To Personnel Commission Vacancies (110.20) - Approve the recommendation of Councilman Sullivan and Councilman Harman, liaisons to the Personnel Commission that the following individuals be appointed to four year terms on the Personnel Commission: Darrach G. Taylor, 7/1/98 to 6/30/2002 and Richard J. Zelez6ikar, 7/1/98 to 6/3012002. Submitted by the Personnel Director [Approved 6-0-1 (Green absent from room)] E-5. (City Council) Accept The Flounder Pump Station Upgrade Project; CC-742 And File A Notice Of Completion - ARA Engineering (600.60) - Accept the Flounder Pump Station Upgrade Project at a final cost of $592,663 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 7-01 (5) ,8�9,PL151ey-.oPn/ tly 4W OF HUNTINGTON BEAC �6rs - MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW 98-071 Council/Agency Meeting Held: ' 7D Deferred/Continued to: ❑ Approve Il( roved ❑ Denied En ty Clerk's Signature Council Meeting Date: August 17, 1998 Department ID Number: PW 98-071 ,VOpeoY,64 9,5 h )wer/o eo Tb lNez.o,&F -17tE G16UR,e '' v ;0"' ITY OF HUNTINGTON BEACH J-javio/rT20 -DAInqGP,5 wrlo„ 6ir ea,177e19er REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City Administrator a7oV PREPARED BY: BERT F. BEARDSLEY, Director of Public Wor 1 K• DAVID C. BIGGS, Director of Economic Development SUBJECT: Approve Construction Contract for the Wheelchair Ramp Construction Project in the Newland Enhancement Area; CC 1027 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: On July 22, 1998, the City Clerk received and opened bids for the Wheel Chair Ramp Construction Project in the Newland Enhancement Area; CC 1027 and the project now stands ready to award. Funding Source: Sufficient CDBG funds are available in account E-HQ-ED-827-6-39-00. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid submitted by the C. J. Construction, Incorporated, for the Wheelchair Ramp Construction Project in the Newland Enhancement Area, CC 1027; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $35,375; and 0032655.01 -2- 07/28/98 4:21 PM e/ 3 EST FOR COUNCIL ACTI� MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW 98-071 3. Authorize the Public Works Department to expend a total of $41,000 including the contract amount of $35,375, anticipated construction change orders of $3,538 and supplemental expenditures of $2,087. Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. Analysis: This project will construct 51 wheel chair ramps in the Newland Enhancement Area and eliminate many of the barriers to wheelchair access in these- areas. The project enables the City to fulfill its obligation to comply with Americans with Disabilities Act, which is also a high priority in the City's Consolidated. Plan. On July 22, 1998, bids were received and publicly opened by the City Clerk. The engineers estimate for this project was $50,000. Summarized below, in order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. C. J. Construction, Inc............................................................................$35,375 2. Keiter Corporation...................................................................................... $39,480 3. LGT Enterprises.......................................................................................... $45,350 4. Hi Tech Pro Construction............................................................................ $49,960 5. Nobest, Inc.................................................................................................. $50,000 6. Damon Construction.................................................................................... $56,000 Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Act Section 15301 (c) and is categorically Excluded per 24 CFR Part 58, Section 58.35(a)(1)(ii) in accordance with the National Environmental Policy Act of 1969 as amended. Attachment(s): RCA Author: Charlonne 0032655.01 -3- 08/05/98 8:08 AM ATTACHMENT 1 0019517.01 o�� o oo U P L Ao Fn 3 O \ / Z z 0-i ^^ a -u O ICJ yam, I SAYBROOK LN. r O ��nl 1ALCONOUIN 0 V ST. 0 D f1 BOISA CHICA ST. p,9� U �� o V, N cy� Z O GRAHAM ST. > n O a m � z Z (� m u SPRINGDALE ST. � m VU r DWARDS ST. ou GOLDEN WEST ST. A m 'a JQTy ly � A O COTHARD ST. V T n N O� as o m n �4\� n m m A BEACH BLVD. v BEACH BLVD. m d° z o y5 A y n A m z EWLAND n ST. _ a m A o Z m n Z o MAGNOLIAl ST. N • �' m Z m m I � USHARD ST. m m O cyl BROOKHURST ST. — o / n � WARD ST y m 3 D N m A ti 0 J m 2 U Q w m BAYLOCK DW z z • J J ¢ MARSEILLE DR z J z Foe Q w w w z U a n Q 0: z M 0 (.7 • ml•� �j-J � Y •,2 • 97 a � VALENCIA DR o• w r r O FRIESLAND DR GUILDERS OR LAKE HOLLAND DR w HOLLAND DR VIEW w r z SCHOOL N Cr o_ O ♦ U VI o: uJ w w w < w SLATER AVE • jj • W • z OPAL CRof • ¢ z Jwr•zEn MICHAEO ANNA xw •DR worn M z uJ z = BENJAMIN DR Q U 1 •V) z NOBLE CR 0 C o m • �` L ARROYO D NEWMAN AVE PASEO STST MOREHEAD DR z CITY OF HUNTINGTON BEACH WHEELCHAIR ACCESS RAMPS o FOR THE `DSTA DR m U Z NEWLAND ENHACEMENT AREA o CASH CONTRACT No. 1027 ❑ LEGEND .a GRequires handicapped access ramp per Caltrans N8-8 Case C ♦ Requires handicapped access ramp per HB STANDARD 212 B TALBERT AVE NEWLAND ENHANCEMENT AREA WHEELCHAIR ACCESS RAMPS J. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G:\ACAD\CCg1027\CDBG-97N RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Construction Contract for the Wheelchair Ramp Construction Project in the Newland Enhancement Area; CC 1027 COUNCIL MEETING DATE: August 17, 1998 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .................... ... ......... ............. . . .. .................. . . . ... ... .......... ... EXPLANATION FOR MLS.. . . SING..... A....... TTACHM.... ...............ENTS... ....... . ............................................................. .. .. ... ..... ............................................................................ Not Applicable I have received Bid Bond No. 544386,Contractors Bonding and Insurance Company for Nobest Incorporated; Bid Bond, Insurance Company of the West for Damon Construction Co.; Bid Bond , Washington International Insurance Company for Hi Tech Pro Construction Company; Bid Bond, Washington International Insurance Company for LGT Enterprises; Bid Bond, United Pacific Insurance Company for Ketter Corporation; Bid Bond American Contractors Indemnity Company for C.J. Construction Col, Inc. Re: CC-1027 — Newland Enchancement Area Wheel Chair Access Ramp Construction Project Dated: By: _7 t > SECTION C PROPOSAL for the NEWLAND ENHANCEMENT AREA WHEEL CHAIR RAMPS CASH CONTRACT No: 1027 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that "final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE ANIL ,Item I • st Tate tem wrt_ unit price xten e ,No. ,;Quantity written. in words Unit Price Amount 1 1 LS Mobilization @ n�� ZdZC��%lip-- Dollars $ °� $ , . Cents Per LS 2 42 EA . - Construct Wheel Chair Ramp (Caltrans Std N8-B Case C) /Q�%�C�` Dollars OQ $ t-1053 °6 $ ��- Cents Per EA 1-01 3 9 EA ConstructJ9 .eel Chair Ramp (City standard � 212B) (cr7v�SL�;�,L�[l��%��(�C/fUsi� ✓1L Dollars tx� $ Cents Per EA C-1s If awarded the Contra*,he undersigned agrees that in the evoof the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this.bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Cry �U/L In the amount of $ i .5W which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 • LIST OF SUBCONTRACT& In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be fiarnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 i T • NONCOLLUSION AFFIDA* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first d y sworn, deposes and says that he or she is t of LzS rani 7 fix the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone _interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address of Bidder Subscribed and sworn to before me this day of , 1999 f ' SANDRA E. SCHOTT COMM. # 1040167 z z `• _ Notary PubBc •- Catltomia LOS ANGELES COUNTY n / Ivy Comm. Expires SEP 30,1998 NOTARY PUBLIC C-4 NOTARY SEAL • UTILITY AGREEMEN16 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the NEWLAND ENHANCEMENT AREA WHEEL CHAIR RAMPS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Title C-5 AbUALIFICATION QUESTI00AIRE In accordance with Government Code. Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the. Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0440 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 • COANSATION INSURANCE CE10FICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: / -NO C-7 7S-6 %GW07 Title ONDERGROUND SERVICE ART IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 `a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: �11 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATIP BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, (7111) /, 2, � Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected by of our office on o��, 199 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is pref*ed to satisfy the Council of the City ountington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me thi��day of SANDRA E. SCHOTT . COMM. I� 1040167 z z z Notary Public — California LOS ANGELES COUNTY My Comm. Expires SEP 30; I"a NOTARY PUBLIC G% NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work witkin the past two years: Name and Address of Pubfic Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 'Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 References for C J Construction, Inc. (Formerly D J Construction) City of Beverly Hills Remove & Reconstruct PCC Sidewalk 455 N,. Rexford Dr. Completed 8-9-96 Beverly Hills, Ca 90210 $348,460.51 (310) 285-2505 Rob Beste City of Covina Project P-9502 125 E. College St. Completed 1-25-96 Covina, Ca 91722 $222,736.00 (818) 858-7251 Leo Tolentino City of Burbank Sidewalk Repair Project 95-028 275 E. Olive Ave. Completed 3-14-95 Burbank, Ca 91502 $418,788.00 (818) 238-3945 Dave King City of El Segundo Sidewalk Improvements 350 Main St. Completed 1-15-96 El Segundo, Ca 90245 $69,606.85 (310) 322-4670 Paul Bowen City of Santa Fe Springs Various Projects 11710 E. Telegraph Rd. Santa Fe Springs, Ca 90670 (310) 868-0511 Harold Quan City of Brea Reconstruction of Fire Station No. 1 No. One Civic Center Circle Completed 12-3-97 Brea, CA $98,713.44 (714) 671-4450 Raul Lising City of Long Beach R-6327 Contruc. Curb Ramps at Various Locations Phase I 333W Ocean Blvd Completed 12-5-97 Long Beach, CA 90802 $406,618.98 (562) 570-6468 Bob Howard AMERICAN CONTRACTORS INDEMNITY COMPANY Administrative Office: (909) 890-1500 . (909) 890-1501 FAX 242 E. Airport Drive, #211, San Bernardino, CA 92408 BID PROPOSAL BOND Bid Bond # 57687 KNOW ALL MEN BY THESE PRESENT, THAT WE, C J Construction, Inc., as principal, and American Contracts Indemnity Company, of the State of California, as Surety, are held firmly bound unto the City Huntington Beach, herein after called the obligee) in the full and just sum of 10% of the GAB not the exceed Eight Thousand Five Hundred and No/00 Dollars ($8,500.00) for the payment whereof in lawfull money of the United States, we bind ourselves, out of heirs, administrators, exectors of successors, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted the accompaning bid for Project; Bid on 07/22/98. FOR PROJECT: NEWLAND ENCHANMENT AREA, WHEELCHAIR RAMP NOW THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of said contract, that this obligation shall be void; other wise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of the bid opening, this bond shall be void and of no force and effect. Signed and Sealed this 21th day of July, 1998. Surety: Ammon Contractors Indemnity Company W.,Williams, Attorney -in -Fact r • Acknowledgement of Surey (Attorney In Fact) State of California County of San Bernardino On July 21, 1998, before me M.E. Glassner personally apperared Gary W. Williams, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me he executed the same in his authorized capacity and that by his signature on the instrument acted executed the instrument. Pal. E. GLASSNER F, COMM. #1041998 dci ARY PUEUC • CAl.IF09N!A ' �>`-'. h - WITNESS my hand and offical seal. �'' -,- � 5?N 3�rINARC;NO COUNTY ^•�''y" c oae xpir; Oct. 13, 1. Signature �� i l Gt/y, �-2-� ..� (Seal) f American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Gary W. Williams or Ernest Arutunian or Vernon H. Fix or M. E. Glassner as its true and lawful Attorney(s)-in-fact, in amount of $ 500,000.00 , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumdnt(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with.respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 1st day of June ,19 98 _ CTO,ps�y; s INCORPORATED ? SEn 26,1990 STATE OF CALIFORNIA COUNTY OF LOS ANGELES AMERICAN CONTRACT O S EN 7MPANY By: ✓' Andy Faust, President On June 1, 1998 before me, B. Caindec , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. B. CAUNDEC Co"Vnissslon # 10"M Notary Public — CaAforrio i • Los Angeles County My Comm. Ewes May 28. 2000 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 21 day of July ,19 98 &Z� Albert Baumgarten, Secretary C i ONPRIfIrTION, INC, • J 14M E. fim a E 8M.. Sh. 302 • isN iftCA WA . (n/j 6704812 • fu (7141 670M? CITY OF • HUNTIN&TON BEACH, CA IN ..JUL 22 P Q I � �M s *rot 4600� � "I.. e-4* 731 1 9.1smff a.no/w r COPIES TO: TAMMY_ • GENEIL NEWLAND ENHANCEMENT WHEELCHAIR RAMPS CC 102 7 July 22, 1998 2:00 PM BID LIST BIDDER'S NAME I RANK; I TOTAL BID AMOUNT 1. C J Construction $ 3 2. Damon Construction $ 574,0 3. Keller Corporation $ 9 a o 4. LGT Enterprises $ �5 5. Malibu Pacific Tennis Courts, Inc. $ 6. Nobest, Inc. $ .5v O O O , 1- I GH ACM Quo Cvti $ Lt -3. 9L o - Page one of one RECEIVED CITY CLERK CITY QE HUNTINGTOR BENCH. CA a9g8 JUL 22 P 1- 59 x avow04 N Q. CN V � � x I I QO ;Z C, ZZ inr Ml 30 Alto }I83jD Aila (� v a J SECTION C PROPOSAL for the NEWLAND ENHANCEMENT AREA WHEEL CHAIR RANTS CASH CONTRACT No.1027 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In -the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 ^ - PROJECT BID SCHEDULE Item No.: Estimated:: Quantity.;:..; `.: tem svtt unit price :. written in.words , Unit_Price e Extended Amount. . 1 1 LS Mobilization @ ��lU�G���� Dollars $ $ Cents Per LS 2 _ 42 EA Construct ►eel Chair Ramp (Calwms Std N&B Case C) ' G Dollars $ $ Cents Per EA 3 9 EA Construct eel Char Ramp (City standard 21/r2'B) T( �11i Dollars $ 7� $ ,� Cents Per EA Total• : • in Figures: $ Total Amount Bid in Words:- C-IS If awarded the Con t, Tie undersigned agrees that in the Of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this.bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. - Accompany . ing this proposal of bid, find AWin the amount of $ S which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 •LIST OF SUBCONTRAC ; In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 '.'**NONCOLLUSI . ON AFFII TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first. �d.�y sworn, djeposes and says that he or she is ' of �J ll��,11x the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ka-S�IQ hla. Address of Bidder Subscribed and sworn to before me this -Z.,-)day of , 1999 SANDRA E. SCHOTT a = COMM. * 1040167 Z - Notary PubNc — Callfomia LOS ANGELES COUNTY My Comm. Expires SEP 30.1998 NOTARY PUBLIC C-4 NOTARY SEAL • UTILITY AGREEMEC . • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the NEWLAND ENHANCEMENT AREA WHEEL CHAIR RAMPS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall.be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date:%y? C-5 Contractor Title 7 ItUALIFICATION QUEST *AIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the.Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ElYes . U,101 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 • i CQ *SATION INSURANCE C _2 kICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: / �yO C-7 Title t MDERGROUND SERVICL AT IDENTIFICATION NUMBER . (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor go Title Date: -2',9 -fd' Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 '. BIDDER'S INFORMAL A BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, (7/) /,,,7o Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected by of our office on 199 The following are persons, firms, and corporations having a principal interest in this proposal: ,Joh ob C-9 he undersigned is prepared to satisfy uncil of the City of Huntington E .Z4 its ability, inancially or otherwise, to perform the contract for the proposed work and improvements in .ccordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this- day of , 19 SANDRA E. SCHOTT . a , •si COMM. f 1040167 Z z Notary Public — Colifomia LOS ANGELES COUNTY Ir My Comm. Expires SEP 30.1998 10TARY PUBLIC NOTARY SEAL �isted below are the names, address and telephone numbers for three public agencies for which :he bidder has performed similar work within the past two years: 1 • �O /�_s=2 l��ty�� Name and Address of Pudic Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 Council/Agency Meeting Held: Deferred/Continued to:�� i i9-Approved ❑ C nditi n lly A roved ❑ Denied �o City Clerk's 93§nature Council Meeting Date: 2/3/97 Department ID Number: 97-010 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr for/Executive Director PREPARED BY: DAVID C. BIGGS, Director of Eco evelopmen_ LES M. JONES li, Director of Public Worksw SUBJECT: Approve Project Plans for the Newland Enhancement Area Wheel Chair Access Ramp Improvements, CC-1027; Authorization to Advertise Construction Contract. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environrrn I Status, Attachments) Statement of Issue: Staff has completed plans and specifications for the Newland Enhancement Area Wheel Chair Access Ramp Construction Improvements. Funding Source: Previously approved CDBG funds totaling $90,000 are available in account E-HQ-ED-827-6-39-00 for the subject construction project. The engineer's estimate is $90,000. Recommended Action: (1) Approve project plans and specifications and authorize the Director of Public Works to solicit bids for the Newland Enhancement Area Wheel Chair Access Ramp construction project; CC-1027, and (2) Approve the attached sample contract, subject to award of the contract the lowest responsible/responsive bidder. Alternative Action(s): Cancel the construction project and forfeit the previously approved CDBG project funds. REREST FOR COUNCIL ACTIOP MEETING DATE: 2/3/97 DEPARTMENT ID NUMBER: 97-010 Analysis: In order to comply with the requirements of the Americans with Disabilities Act (A.D.A.), the CDBG Enhancement Areas are required to construct wheel chair access ramps throughout their respective enhancement area. The Newland Enhancement Area is one of ten enhancement areas that have been funded for this type of construction improvement. Environmental Status: The City has reviewed this project and determined it to be Categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): 1. Project Location Map 2. Sample Contract 0023294.01 -2- 01/22/97 10:31 AM BDLSA AVE. O/<` o Mc FADDEN AVE. ? EDINGER AVE. Y O jn n O y U = N W HEIL AVE. U C, N N = Z m ai w a m u (n WARNER J Q A n CIO V1 N F N p W w O 0 PROJECT: AVE. 2 AVE. A \ I co qsT �/�/��/��/� inn 2/���//�/�� /���7/�/��c� /�/--�/�� (I�JIS L./L/I_`-_�G- bUL0 ISUV(� U(, aJ(/V�ISUVUISIIV U L�1b�pff Q WiL-o ff& ffmQOQ Grooffoo L"QA P C�OnM�?G�(�C�`t�00Gv PQ©�JC�G`� C�C�=f10�D 405 AVE. VICINITY MAP FILE: G�:\AC�AD/\TAITE\MASTER\PRJCT—MP SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE NEWLAND ENHANCEMENT AREA WHEEL CHAIR ACCESS RAMP TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8. 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13. HEALTH & SAFETY 12 14. PAYMENT OF TRAVEL & SUBSISTENCE 13 15. APPRENTICES AND TRAINEES .13 16. PAYROLLS & BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES 18 " .18. LIQUIDATED DAMAGES/DELAYS 18 19. SUBCONTRACTS 20 20. INDEPENDENT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 22 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 23 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 24 29 INSURANCE 24 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 31. DEFAULT & TERMINATION 26 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 33 NON -ASSIGNABILITY 27 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES- 27 37. CAPTIONS 28 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 29 42. DISCRIMINATION, MINORITIES, ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 30 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING -AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 33 50. CONTRACT TERMINATION; DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION; LIABILITY FOR UNPAID WAGES 34 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 35 56. ENTIRETY 35 SAMPLE 3/K/G:/RAMP/1 /21 /97 4 • • SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE NEWLAND ENHANCEMENT AREA WHEEL CHAIR ACCESS RAMP THIS AGREEMENT is made and entered into on this day of 1997, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as Newland Enhancement Area Wheel Chair Access Ramp form Talbert Avenue to Marseille Driive; and from Beach Boulevard to Newland Street, in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, , Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and 1 SAMPLE 3/K/G:/RAMP/1 /21 /97 very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 SAMPLE WK/G:/RAMP/1 /21 /97 or knowledge that the subcontractor has been. found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's - regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the 3 SAMPLE 3/K/GJRAMP/1 /21 /97 elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under. them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; WK/GIRAMP/1 /21 /97 4 SAMPLE B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed 5 SAMPLE 3/K/c:/RAMP/1 /2i /97 • • Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within (_) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and. CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 SAMPLE 3/K/G:/RAMP/1 /21 /97 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by. CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material; or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 7 SAMPLE 3/K/c:/RAMP/1 /21 /97 B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY s acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part 8 SAMPLE 3/K/G:/RAMP/1 /21 /97 • • hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under,29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily_seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and. Which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 9 SAMPLE 3/K/G:/RAMP/1 /21 /97 • • (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits.where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers 10 SAMPLE WK/GIRAMP/10 /97 performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The.CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee 11 SAMPLE 3/K/G:/RAMP/l /21 /97 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be -considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the -: work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller Generalshall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. 12 SAMPLE 3/K/G:/RAMP/1 /21 /97 • The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted -to the CONTRACTOR as to the entire work force under the registered program. Any 13 SAMPLE 3/K/G:/RAMP/1 /21 /97 • • worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in . percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the. -applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 'individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 14 SAMPLE 3hUc:/RAMP/l l21 /97 • • Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe . benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. - 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of 15 SAMPLE 3/K/G:/RAMP/1 /21 /97 the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government 16 SAMPLE 3/K/G:/RAMP/1 /21 /97 Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each .helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized 17 SAMPLE 3/K/G:/RAMP/1 /21 /97 representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 18 SAMPLE 3/K/G:/RAMP/1 M /97 that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein .. . provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and. the decision of. the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the 19 SAMPLE WK/G:/RAMP/1 /21 /97 • 1] completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS, The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: 20 SAMPLE 3/K/c:/RAMP/l /21 /97 (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances; order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 SAMPLE 3iWc:iw,MPi1rz1/97 Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 22 SAMPLE 3/K/G:/RAMP/1 /21 /97 C] 17,� therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the finalcertificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, - - costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. _ 23 SAMPLE 3/K/G:/RAMP/1 /21 /97 28. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate 24 SAMPLE 3/K/G:/RAMP/1 /21 /97 limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: - 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3.. ---shall.. pro mi se to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original 25 SAMPLE 3/K/GJRAMP/1 /21 /97 • or a copy of all said policies of .insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event'CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26 SAMPLE 3/K/c:/RAMP/l /21 /97 33. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 SAMPLE 3/K/c:/RAMP/1 /21 /97 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Govemment and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC 7section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. . 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 28 SAMPLE 3/K/G:/RAMP/10 /97 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Govemment contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall ,not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 29 SAMPLE 3/K/c:/RAMP/1 /21 /97 43. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, 30 SAMPLE 3/K/G:/RAMP/1 /21 /97 0 .6 any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United 31 SAMPLE 3/K/G:/RAMP/1 /21 /97 States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 47. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, of seq.). 48. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 32 SAMPLE 3/K/c:/R,mF/1 /21 /97 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES-. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any. complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 SAMPLE 3/K/G:/RAMP/1 /21 /97 workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR- and any subcontractor responsible therefor shall be liable for - . the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 34 SAMPLE 3/K/G:/RAMP/1 /21 /97 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY - The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentNice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator WK/G:/RAMP/l /15/97 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney k-15-Ctl INITIATED AND APPROVED: M 0 Director of Public Works 35 SAMPLE