HomeMy WebLinkAboutCJ Construction, Inc - 1998-04-20 (2)I have received Maintenance Bond No. BW 43567
Re: CC-1016 — C.J. Construction — Construction of Wheelchair Ramp — Amberleaf and
Florida/Utica Enhancement Area
Dated:
By:
AMERICAN RELIABLE INSURANCE COMPANY
8655 E. Via De Ventura, Scottsdale, AZ 85258
MAINTENANCE BOND
Bond No. BW 43567
KNOW ALL MEN BY THESE PRESENTS, That we, CJ Construction. Inc. , as Principal,
hereinafter called Principal, and American Reliable Insurance Company, as Surety, a corporation
organized and existing under the laws of the State of Arizona, hereinafter called Surety, are held
and firmly bound unto City Of Huntington Beach as Obligee, hereinafter called Obligee,
in the sum of **Thirty,Nine Thousand Nine Hundred Seventy Five and 00/100**
($ **39,975.00** ) Dollars, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
Sealed with our seals and dated this 7th day of December A.D. 19 98
WHEREAS, the Principal entered into a certain written contract with the Obligee dated the 20th
day of April , 19 98 to _Construct Wheel Chair Ramps in the Amberleaf and Florida/
Utica Enhancement Area CC 1016 which contract is hereby referred to as the Contract.
WHEREAS, the Contract contains provisions for the correction of any defects due to defective
materials or workmanship in the work performed under said Contract.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and
truly, upon receipt of written notification from the Obligee, remedy any defects which are
discovered and reported during a period of 1 year(s) from November 2nd 19 98 ,
provided such defects are caused by defective materials or workmanship, then this obligation
shall be void; otherwise to be and remain in full force and effect.
Any suit under this bond must be instituted before the expiration of one (1) year from the date of
the written notification referred to in the paragraph above, it being understood, however.; that if
any limitation embodied in this bond is prohibited by any law controlling the construction hereof,
such limitation shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
The penal sum of this bond shall be reduced by and to the extent of any payment or payments
made in good faith.
No right of action shall accrue on this bond to or for the use of an), person or corporation other
than the Obligee named herein or its heirs, executors, administrators or successors.
Signed and sealed this 7th day of December 19 98.
Witness
APYi;OVE5r.4; T`9 FAD14By:
Witness
GAIL HU � TON
CITY ATTORP
By:
Depu +- -�.' A-rtorne9
eal)
;7--' �_. Title:
Reliable Insurance
Kolb
resident
In Fact
CALIFORNIA
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
[IN
before me,
personally appeared�n-L.
personally known to me;
or proved to me on the basis of satisfactory evidence to be the person(s) whose name;'j5)
is/af-e-subscribed to the within instrument and acknowledged to me that he/skeA4iey executed the same
in his/her authorized capacity(ies.), and that by his/h@4theifsignature(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.
(SEAL) r�
�� SANDRA E SCHOTT
/ Commission 1f 1195=1
Notary Public - Calffamic
Las Angeles County IT
MYC«nm. BipimSep3o 2m2
gn ire 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)
_yEorporate Officer)
Titles
r and
and
Partner(s) Limited General
Attorney -in -Fact
Trustee(s)
Guard ian/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.
i✓
Title of type of document:j'J�G�C.�
Number of pages:
Date of document:
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
GPA 51647 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office: 8655 E. Via de Ventura, Scottsdale, Arizona 85258
GENERAL POWER OF ATTORNEY
POIVER OF ATTORNEY VALID 1F NUMBERGD 1N RED
KNOW ALL MEN BY THESE PRESENTS,
In witness whereof, American Bankers Insurance Company of Florida and American Reliable Insurance Company have caused these presents to be signed by its
Executive Vice President of American Reliable Insurance Company and its corporate seal to be hereto affixed this 23rd day of July , AD., 1998.
a°d�"er+�ry5
AMERICAN BANKERS I RANCE COMPANY OF FLORIDA
AMERICAN RELIABL NSURANCE COMPANY
``O:..;�"OGi4
Attest: _�; '°'• = =_
°
Secretary, American Bankers Insurance Company of Florida % SEA t' ! =
;'•�
(-
s
by: `
°'
=
3 _. • ;
Phil Lev ,Executive Vice -Pre nt of
00-11
American Reliable Insurance Company
Attest:
Secretary, American Reliable Insurance Company
State of Arizona
SS:
County of Maricopa
On this 23rd day of July , in the year 1998 before me Susan K. May , a notary public, personally appeared Phil Levy , personally known to me to be the person who
executed the within instrument as Executive Vice President of American Reliable Insurance Company on behalf of the corporation therein named and acknowledged to me that the
corporation executed it. '
WRAS.,Mt
CFFICIAL SEAL"
Susan K. May NOfARY PUBLIC
taryy Public -Arizona
Q%Ij7'd (1 yE BOAR F DIRECTORS OF AMERICAN BANKERS INSURANCE COMPANY OF FLORmission Expires 3/31/02vD A`IERICAN RELIABLE INSURANCE COMPANY
essary for the effectual transaction of business that the Company appoint agents and attorneys with power and authority to act for it and in its name in the
states and territories of the United States, and additionally American Bankers Insurance Company of Florida in the provinces of the Dominion of Canada..
RESOLVED, that the American Bankers Insurance Company of Florida and American Reliable Insurance Company hereby does authorize and empower the Executive Vice
President of American Reliable Insurance Company in conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any person or persons to act as its true
and lawful attomey-in-fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of
contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted to all actions or proceedings, or by law allowed; and
FURTHER RESOLVED, that the signature of any officer authorized by resolutions of the Board and the Company seal may be affixed by facsimile to any power of attorney or
special power of attomey or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal, when
so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and
effect as though manually affixed.
I certify the above is a true copy of a resolution adopted by unanimous consent by the Board of Directors of AMERICAN BANKE INSURANCE COMPANY OF FLORIDA and
AMERICAN RELIABLE INSU N�ANY, on Ju1993.ly
SECRETARY, American Reliable Insurance Company SECRETARY, American Bankers Insurance Company of Florida
I, the undersigned Secretary of American Bankers Insurance Company of Florida, and 1, the undersigned Secretary of American Reliable Insurance Company, hereby certify that the above and
foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certificate of this Power of Attorney is signed and sealed by facsimile under and by the authority of the resolution adopted by the Board of Directors of
the American Bankers Insurance Company of Florida and the Board of Directors of American Reliable Insurance Company by unanimous consent on the 29th day of luly, 1993, and that said
resolution has not been amended or repealed.
Given under my hand and the seal of said Company, this 7 j; h day of _8,Q � �g� , 19�
6�0
SECRETARY, American Reliable Insurance Company SECRETARY, American Bankers Insurance Company of Florida
To Form and Be A
Part of Bond Number SW 43567
City of Huntington Beach
r-
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
C'7
TO: THOSE LISTED HEREON rr.
�l
l..J
L7
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAYMENT l
cc Q ( LPG �" ���� c
DATE: ��
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.
N T. VI LELLA, Director of Finance
I certify that no stop notices are on file on the subject at this time.
Date:
ROBERT F. BEARDSLEY, Public Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date: / 3 / A , C 1_
CONNIE BROCKWAY, Ci Clerk
I certify that there are no outstanding invoices on file.
Date:
SHA F*���
✓SHA F EDENRICH, City Treasurer
10% Retention Payment 09/03/98 7:47 AM
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
11111JJIJJoil III No Fee
005 8017878 01998080541 0 3 : 27pm 11 /24/98
64
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee; 2000 Main Street, - - _- . I
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 I
following work to -wit:
Wheelchair Ramp Construction Project For Amberleaf & Florida/Yorktown Enhancement Areas
— CC-1016 ll tt
Iv ,.
That said work was completed November 2, 1998 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 1
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Monday, November 2, 1998.
That upon said contract American Bankers Insurance Company of Florida, American Reliable
Insurance 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 101h day of November, 1998
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 10" day of November, 199 .
City Clerk and ex-officio Clerk
of Huntington Beach, California
10/08/1998 16:56 714-374-1573 HB PUBLIC WORKS PAGE 03
DECLARATION OF SATISFACTION QF CLAIMS
C J �icd n, Inc,
I, ,state;
1. I am the general contractor for the City of Huntington Beach, as to tho project more fully
described in the public works contract entitled ir ParP erect (M 1016
and dated 8-19-98
I
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 arefW%t98isputed claims, or items in connection with Notices to Withhold,
which have been filed under the proNisions of the statutes of the State of Califomia: (if none,
state 'NONE')
I declare under penalty of perjury that the foregoing is true and correct.
Executed at La Mires, C'L ifi7m;a
on :his 9th day off , 1994.
n tractor)
s,:oNcmhoon2
10/08/1998
HB PUBLIC WORKS
PAGE 02
Cite of Huntington Beach
Department of Public'Woiks
Post Office Box 190..;
Huntington Beach, CA'.9264&.
Subject:Certification of Cov*. Nance with Title V11 of the Civil Rights
.Act,and Equai-.'Ernployment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor oh
3i 1Qk Mae 1 cbai r R=. Ckn- Xt:J m in the 1 eaf Fj o i cb A lti c-a Ebda iMMt Arm
Project No. Title --- — ---- -- --
hereby certifies that `a11 aatiorers;' mechanics, apprentices, trainees, watchmen and guards employed
by him or by any subcontractor•performing work under the contract on the project have been paid
wages at,rates not less tllan.tiiose required by the contract provisions, and that the work performed
by each such laborer,.;ntecliaric appientico or trainee conformed to the classifications set forth in
the contractor traiiiing.prograni provisions applicable to the wage rate paid.
g:cc caahconl
Pit
J
• COPIES TO:
TAMMY
GENEIL
WHEELCHAIR RAMP IMPROVEMENTS
CC-1016
March 26, 1998 2:OOPM
BID LIST
1. All American concrete
Z
$ OO O
2. Century Paving, Inc.
$
3. CJ Construction
q C
4. Damon Construction Company
5. DGCI
$
6. Kalban, Inc. $ 7 S ' (p -ZZ
7. Keiter Corporation $ U 0
8. Kovac, Inc. go o
9. Nobest, Inc. $ 5T--)
10. R. Fox Construction, Inc. $
11. Ranco $ - (3 0
12. Re Sher Concrete $
H" TF&4 -pr0 Cvns /v s
12108v9
Page one of one
/i
o
RECEIVED
-CITY CLERK
CITY OF
HUU-TINGTON-BEACH. CA
igg8 -MAR. 2b P I: 59
RECEIVED
CITY CLERK
CITY OF
MUNT"INGTON BEACH- CA I
1gg8 MAR 2b P 27 013
RECEIVED l
CITY CLERK
CITY OF !.
HUNTINGTON BEACH. -CA �
tg98 MAR 2 b P 2: 01
I
i
i.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
PUBLIC NOTICE 2000 Main Street, Hunting-
County of Orange )
SECTION A ton Beach, CA 92648.
N0710EIr1VITING The AGENCY will deduct
a retention from all
SEALED BIDS far the ogress The
pmay esubstit
WHEELCHAIR RAMP Contractor to
I am a Citizen of the United States and a
CONSTRUCTION an escrow holder surety of
PROJECT equal value to the retention
resident Of the County aforesaid I am
AMBERLEAF AND in accordance with the pro -
FLORIDA/UTICA visions of the California
Government Section
over the age of eighteen years, and not a
Code,
ENHANCEMENT 4590. The Co -tractor shall
AREAS be beneficial owner the
to or interested in the below
of
CASH CONTRACT surety and shall receive
party
No. 1016Inthe any interest thereon.
entitled matter. I am a principal clerk of
CITY OF This project is federally
HUNTINGTON BEACH funded in part by the Com-
the HUNTINGTON BEACH INDEPENDENT, a
PUBLIC NOTICE IS munity Development Block
HEREBY GIVEN that the Grant program and all req-
newspaper of general circulation printed
CITY OF HUNTINGTON uisites of Title 24 of the
BEACH, as AGENCY, in- Code of Federal Regula-
lions apply including Sec -
and p u I i s i ed in the C i ty of Huntington
b
vites sealed bids for the
above stated projects and tion 3. Part 135 (directing
economic opportunities to
Beach, County of Orange, State of
will receive such bids in
the office of the City Clerk, I low and very low-income
persons).
California, and that attached Notice is a
Second Floor, 2000 Main
Street, Huntington Beach, The AGENCY hereby af-
firmatively ensures that mi.
California 92648, to
true and complete copy as was printed
up the
hour of 2:00 PM on March will business enterprises
26, 1998. Bids will be pub- will be afforded full op-
licly in portunity to submit bids in
and published in the Huntington Beach
open the Council
Chambers unless other- response to this notice and
will not be discriminated
and Fountain Valle issues of said
Y
:wise posted.
against on the basis of
Copies �f the Plans color, national origin,
Specifications,
newspaper to wit the issue(s) of:
-•race,
and con -
tract documents a..) avail- ancestry, sex, ti religion In
able from the Office fife any consideration leading
of
Director of Public Works, I to the award of contract.
2000 Main Street, Hunting- No bid shall be consid-
ered unless it is prepared
February 26, 1998
ton Beach. CA 92648, upon
payment of a $10.00 nonre. on the approved Proposal
March 5, 1998
fundable fee if picked up, forms in conformance with
or payment of a $15.00 tThesbidt ions to Bbedeac�
nonrefundable fe.e if must
companied by a certified
March 12, 1998
mailed.
This is a Davis -Bacon check, cashier's check, or
bond made pay -
project and the Federal •bidder's
Regulations will be en- able to the AGENCY for an
forced. Any contract en- amount no less than 10%
tered into pursuant to this of the amount bid. The
notice will incorporate the successful bidder shall be
(
declare, under penalty of perjury, that
Provisions of the Federal licensed in accordance
Labor Standards, which are with provisions of the Busi-
the foregoing is true and correct.
on file at the Office of the ness and Professions Code
Director Public Works, and shall possess a State
of
Contractor's License Class
at the time of the bid open-
ing. The successful Con-
tracta and his subcontrac-
Executed On Mareh 12 , 1 998
tors will be required to pos-
sess business licenses
at Costa Mesa, California.
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
days.
BY ORDER of the CITY
COUNCIL of the CITY OF
HUNTINGTON BEACH,
CALIFORNIA. the 17th day
of FEBRUARY 1998.
Signature
Attest: Connie Brock -
Way
CITY CLERK OF THE
CITY OF HUNTINGTON
BEACH
Published Huntington
Beach -Fountain Valley In-
dependent February 26.
March 5, 12, 1998
024-049
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
November 10, 1998
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
CALIFORNIA 92648
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,
Connie Brockway
City Clerk
CB/cg
Enclosure: Notice of Completion — CC-1016 — Wheelchair Ramp Construction Project
For Amberleaf and Florida/Yorktown Area — C.J. Construction Inc.
(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 Amberleaf & Florida/Yorktown Enhancement Areas
— CC-1016
That said work was completed November 2, 1998 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, November 2, 1998.
That upon said contract American Bankers Insurance Company of Florida, American Reliable
Insurance 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 10" day of November, 1998.
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 10`h day of November, 1990.
City Clerk and ex-officio Clerk
of the City Council of the City .
of Huntington Beach, California
rnl ld9e — iaadlva r✓o a rs
CITY OF HUNTINGTON BEACH
MEETING DATE: November 2, 1998 DEPARTMENT ID NUMBER: PW 98-079
Council/Agency Meeting Held:
Deferred/Continued to:
A proved ❑ Conditionally A proved ❑Denied
e.T 600.70
C111JA &Le-11,
i Clerk's Signature
Council Meeting Date: November 2, 1998
Department ID Number: PW 98-079
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY:/ ROBERT BEARDSLEY, Director of Public Works
lqo
1 DAVID BIGGS, Director of Economic Development
SUBJECT: i Accept the Wheelchair Ramp Construction Project for Amberleaf and
Florida/Yorktown Enhancement Areas; CC-1016
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Ise ue:.C. J. Construction, Inc. has completed the contract for the construction
of wheelchair r mps with the Amberleaf and Florida/Yorktown Enhancement Areas;
Funding Source: Sufficient funds were approved for this project from Account Number
E -H Q -E D -827-6-39-00.
Recommended Action: Motion to: Accept the Wheelchair Ramp Construction Project for
Amberleaf and Florida/Yorktown Enhancement Areas; CC-1016 and authorize the City Clerk
to file a Notice of Completion with the County's Recorder Office.
Alternative Action(s): None
Analysis: On April 20, 1998, the City Council awarded a contract to C.J. Construction, Inc.
to construct fifty-six (56) wheelchair ramps within the . Amberleaf and Florida/Yorktown
Enhancement Areas in the amount of $39,975. The adopted project budget also included
$5,025 to cover potential change orders and $5,000 for supplemental expenses for a total of
$50,000. 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. 141
C1016RCA.doc
-2- 10/09/98 9:32 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: November 2, 1998 DEPARTMENT ID NUMBER: PW 98-079
The following is a summary of the final project costs:
1. Contract Amount:
2. Change Orders:
Subtotal
3. Supplemental Expenses:
Total:
Council Approved Actual Expenditures
$39,975.00 $39,225.00
5,025.00 3,036.00
$45, 000.00 $42, 261.00
5,000.00 0.00
$50,000.00 $42,261.00
One change order was issued for an additional sidewalk removal and reconstruction at
ramps where an adjacent walk was either deteriorated or out of grade.
Environmental Status : Not applicable.
Attachment(s):
RCA Author: J. Miller
C1016RCA.doc -3- 10/09/98 9:34 AM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept the Wheelchair Ramp Construction Project for
Amberleaf and Floridallorktown Enhancement Area;
CC-1016
COUNCIL MEETING DATE:
November 2, 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 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
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
TO: (!.,7- LON,STk!>LTioN. InC
Name
/#730. Z_. oar
Street -
City, State, Zip
ATTENTION: c70 #.,y JftR n O
DEPARTMENT: PY2S i,o eat/ %
REGARDING:
See Attached Action Agenda Item � _Z Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
I�O-
Connie Brockway
City Clerk
Attachments: Action Agenda Page —Z Agreement Bonds
Insurance ►/
RCA
Deed
Other
CC:
Name
Department
RCS
AgreementInsurance
Other j
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Y'f}iPrN %STL>/c'
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
GTollowup/coverltr
Telephone: 714-536-5227 )
z
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
RE: Construction of Pl&e,
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
. CITY CLERK
)eriol/- //V
'nni, _yvi-sima ice' ;. PROJECT
CALIFORNIA 92648
&f464.`
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS.
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441.
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
1 Tale phone: 714.536-5227 )
(5) 05/04/98 - Council/Agency Agenda - Page 5
C-3. (City Council) City Treasurer February & March, 1998 Investment Summary Reports
(310.20)
Communication from the City Treasurer transmitting the Monthly Investment Reports for
February & March, 1998.
Recommended Action:
Review monthly reports. Following review of the reports, by motion of Council, accept
the Monthly Investment Reports for February & March, 1998, pursuant to Section 17.0
of the Investment Policy of the City of Huntington Beach.
[Approved Recommended Action 7-0]
D. PUBLIC HEARINGS
Anyone wishing to speak on an OPEN public hearing is requested to complete the attached
pink form and give it to the Sergeant -at -Arms is located near the Speaker's Podium.
D-1. (City Council) Public Hearings - None
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 meetings of April 13, 1998
and April 14, 1998 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk
[Approved and adopted - 7-0]
E-2. (City Council) Approval Of Agreement For Consultant Services For The Development
Of A Water Systems Operations Plan MOP) - Bucknam & Associates (600.10) -
Approve and authorize execution by the Mayor and City Clerk of the Professional Services
Contract between the City of Huntington Beach and Bucknam & Associates for
Development of a Water Systems Operations Plan (WSOP) to include Data Review and
Analysis and a Program Planning Session in the amount of $25,500. Submitted by the
Acting Public Works Director
[Approved- 7-0]
(5)
9
CITY OF HUNTINGTON BEACH
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: PW 98-0 4
Ir
Council/Agency Meeting Held: D
rode ��
Deferred/Continued to:
® Approve ❑ Co dit Qnally A prove ❑ Denied
jWo City Clerk's Signature
Council Meeting Date: April 20, 1998
Department ID Number: PW 98-044
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL 6
NARYL
SUBMITTED BY: RAY SILVER, City Administrator W� (�PREPARED BY: SMITH, Acting Director of Public Works J
DAVID C. BIGGS, Director of Economic Development
SUBJECT: Approve Construction Contract for the Wheelchair Ramp Construction
in the Amberleaf and Florida/Utica Enhancement Areas; CC 1016
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: On March 26, 1998, the City Clerk received and opened bids for the
Wheel Chair Ramp Construction in the Amberleaf and Florida/Utica Enhancement Areas;
CC 1016 and the project now stands ready to award.
Funding Source: CDBG funds totaling $50,000 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 in the Amberleaf and Florida/Utica
Enhancement Areas, CC 1016; and
2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of
$39,975; and
0031055.01 -2- 04/01/98 10:52 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: PW 98-044
3. Authorize the Public Works Department to expend a total of $50,000 including the contract
amount of $39,975, anticipated construction change orders of $5,025 and supplemental
expenditures of $5,000.
Alternative Action(s): Cancel the construction project or authorize the rebidding of the
project.
Analysis: This project will 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 February 17, 1998, the City Council approved plans and specifications and authorized
the Director of Public Works to solicit bids for the Wheel Chair Ramp Construction in the
Amberleaf and Florida/Utica Enhancement Areas; CC 1016. On March 26, 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:
2. C. J. Construction, Inc............................................................................$39,975
2. All Concrete Construction...........................................................................$42,000
3. Kovac Inc................................................................................................... $43,800
4. Keiter Corporation....................................................................................... $44,120
5. Damon Construction Company................................................................... $47,550
6. Ranco Corporation..................................................................................... $49,100
7. Kalban, Inc.................................................................................................. $49,526
8. Nobest, Inc................................................................................................. $56,720
9. Hi Tech Construction Company.................................................................. $56,800
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
0031055.01 -3- 03/27/98 3:15 PM
ATTACHMENT 1
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CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND
C.J. CONSTRUCTION, INC. FOR WHEELCHAIR RAMP CONSTRUCTION IN THE
AMBERLEAF AND FLORIDA/UTICA ENHANCEMENT AREAS (CC-1016)
THIS AGREEMENT is made and entered into on this 5;* �y day of
hxjL 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 construction of a wheelchair ramp in the Amberleaf and
Florida/Utica Enhancement Areas (CC-1016), 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
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:
agree/wheelchr/4/28/98
1. 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
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
2
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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
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,
3
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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;
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
4
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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 Thirty -
Nine Thousand Nine Hundred Seventy -Five Dollars ($39,975) 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
5
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within sixty (60) 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 .
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 on 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
CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been
agreed upon in writing by the DPW.
6
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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.
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
7
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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
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.
8
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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 con 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
(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
9
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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 HD 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 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
10
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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.
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
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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 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 his health standards
promulgated by the Secretary of Labor by regulation.
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 California Labor Code, regarding the payment of travel and
subsistence payments, is applicable to this PROJECT.
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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 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
13
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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
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
performinq work on the iob site in excess of the ratio permitted under the registered program
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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
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.
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(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
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 irectly
or indirectly from the full wages earned, other than permissible deductions as set forth in 29
CFR Part 3;
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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
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,
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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 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 c 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
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.
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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
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.
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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:
(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.
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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
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
mpletion, 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
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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
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 p 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 final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
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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.
28. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all 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.
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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 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 above -mentioned 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 promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
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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 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.
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k,
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.
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 California Government 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 material s
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.
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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.
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 Government 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 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.
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40. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this contract. Such
disputes 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.
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 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."
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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. .
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.
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To ensure compliance with these requirements, the CONTRACTOR shall
provide the City with 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, 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.
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guards.
As used in this section, the terms "laborers" and "mechanics" include watchmen and
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
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, et
seq. ).
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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.
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.
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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 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
33
agree/w hee I ch r/4/2/98
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.
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.
By:
J print name
ITS: (circle one) Chairman residen ice President
By:
print name 2
ITS: (circle one hief Financial
i er/Asst. Secretary - Treasure
REVIEWED AND APPROVED:
City &ministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk 05V_7/1 8
- �'
RAPPROVED A TO FO
. (
ity Attorney
riNsiil�f�ED*ND
y I� ICY
APPROVED:
A.zg.'4�
Director of Public Works
34
ag ree/whee Ich r/4/2/98
I have received Peformance Bond No. 43567 - American Reliabile Insurance Company
for C.J. Construction Inc., Public Works Payment Bond No. BW43567 for C.J.
Construction Inc.
Re: CC-1016 -Construction for the Wheelchair Ramp Construction in the Amberleaf
and Florida/Utica Enhancement Areas.
RCA and Action Agenda of 4/20/98.
Dated:
By:
- r,
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office: 8655 E. Via de Ventura, Scottsdale, Arizona 85258
GENERAL POWER OF ATTORNEY
GPA 43567
POWER OF A77ORNEY VAIJD IF NUMRGRED IN RED
KNOW ALL MEN BY THESE PRESENTS,
That American Bankers Insurance Company of Florida, a corporation duly organized and existing under the laws of the State of Florida, and having
its Home Office in Miami, Dade County, Florida and that American Reliable Insurance Company, a corporation duly organized and existing under
the laws of the Slate of Arizona,: and having its Home Office in Scottsdale, Maricopa County, Arizona, does by these presents make, constitute and
appoint:
of- pland and State of California its true and lawful Attorney -in -Fact, with full power and authority for and on behalf of the Company as
surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, on bonds, undertakings, recognizance, consents of
surety, or other written obligations in the nature thereof, as follows:
In witness whereof, American Bankers Insurance Company of Florida and American Reliable Insurance Company have caused these presents to be
signed by its President of American Reliable Insurance Company and its corporate seal to be hereto affixed this 1211day of December , A.D.,
]94Z•
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
AIICSI: 4 pany or o gO a
Secreary, American 0an4m Imunnu ComFlorid, �, .ew by:
p /} 4snnaam Brace Petersen, President of
Attest:
�nn American Reliable Insurance Company
Secretary, American Reliable Inaunnee Company
State of Arizona
SS:
County of Maricopa
On this 12th day of December, in the year 1997 , before me Gwen A. Dick , a notary public, personally appeared Bruce Petersen,
personally known to me to be the person who executed the within instrument as President of American Reliable Insurance Company on behalf of
the corporation therein named and a know aged to [pR lh*%te corpora ion executed it.
GWEN A. DICK
s ' Notary Public - State of Arizona t �-
MARICOPA COUNTY OTARY PUBLIC
My Comm. Expres Sept. 22. `•q F
RESOLUTION OF THE BOARD OF DIRECTORS OF AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AND AMERICAN RELIABLE INSURANCE COMPANY
WHEREAS, it is necessary for the effectual transaction of business that the Company appoint agents and attorneys with power and authority to act for it
and in its name in the states and territories of the United States, and additionally American Bankers Insurance Company of Florida in the provinces of the Dominion
of Canada..
RESOLVED, that the American Bankers Insurance Company of Florida and American Reliable Insurance Company hereby does authorize and empower
the President of American Reliable Insurance Comnanv In conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any
person or persons to act as its true and lawful attorney -in -fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of
public or private trust, guaranteeing the performances of contracts other than Insurance policies and executing or guaranteeing bonds and undertakings, required or
permitted to all actions or proceedings, or by law allowed; and
FURTHER RESOLVED, that the signature of any officer authorized by resolutions of the Board and the Company seal may be affixed by facsimile to
any power of attomey or special power of attomey or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation
in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal ofthe
Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
1 certify the above Is a true copy of a resolution adopted by unanimous consent by the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF
FLORIDA and AMERICAN RELIABLE INSURANCE COMPANY, on July 29, 1993.
SECRETARY, American Reliable Insurance Company SECRETARY, American Bankers Insurance Company of Florida
1, the undersigned Secretary of American Bankers Insurance Company of Florida, and 1, the undersigned Secretary of American Reliable Insurance Company, hereby
certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the
said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certificate of this Power of Attomey Is signed and sealed by facsimile under and by the authority of the resolution adopted by
the Board of Directors of the American Bankers Insurance Company of Florida and the Board of Directors of American Reliable Insurance Company by unanimous
consent on the 29th day of July, 1993, and that said resolution has not been amended or repealed.
Given und%my hand and the seal ofsaid Company, this 21 day of April 19 9A
SECRETARY, American Reliable Insurance Company SECRETARY, American Bankers Insurance Company of Florida
To Form and Be A BW43567
Pert of Bond Number
City of Huntington Beach, CA
AMERICAN RELIABLE INSURANCE COMPANY
Administractive Office:
Brownell, Williams & Fix/1915 West 9th Street/Upland, CA 92786%(909) 982-5924
PERFORMANCE BOND
Bond// BW43567 .
KNOWN ALL MEN BY THESE PRESENT,
THAT WE, C J Construction, Inc., as principal and American Reliable Insurance, of the
State of Arizona, 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 Nine Thousand Nine Hundred
Seventy Five and N0/100 dollars (39,975.00) 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 . with the Obligee to do and perform the following work -to -wit:
Wheel Chair Construction in the Amberleaf and florida/Utica Enhancement Acres, CC1016
NOW THEREFORE, if the principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void ; otherwise to remain in
full force and effective.
Signed and Sealed this 21th day of April, 1998
Surety: A is Reliable Insu nce Company
1.
BY:
ary 7 Dliams, Attorney n act
C;.
_GY
4 +t orne-�
State of California Acknowledgement of Surey (Attorney In Fact)
County of San Bernardino
On April 21, 1998, before me M.E. Glassner personally apperared Ernest Arutinian, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to
me he executed the samed in his authorized capacity and that by his signature on the instrument acted
executed the instrument. ,�?�-� 1,? M. GLASSNER
i ' COMM. #1041998
: NCTAPY PUBLIC • CP.LIFCF NIA U
WITNESS my hand and offical seal. �'_�
CC `� C;;ii cRNA P.D:N0 COUNTY
Signature
g J ,�(Seal)
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office:
Brownell, Williams & Fix/1915 West 9th Street/Upland, CA 92786/ (909) 982-5924
PUBLIC WORKS PAYMENT BOND
Bond#BW43567
KNOWN ALL MEN BY THESE PRESENT,
THAT WE, CJ Construction, Inc. as principal and American Reliable Insurance Company,
of the State of Arizona, 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 Nine Thousand Nine
Hundred Seventy Five and no/100 Dollars ($39,975.00) 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 , with the Obligee to do a perform the
following work to -wit:
Wheel Chair Construction in the Amberleaf and Florida/Utica Enhancement Ares, CC1016:
Construction Contract
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 21th day of April, 1998
C J C6nftructlon. Inc.
ipany
"ttorney
- State of California Acknowledgement of Surey (Attorney In Fact)
County of San Bernardino
On April 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 samed in his authorized capacity and that by his signature on the instrument acted
executed the instrument. --�� M. E, GLASSNER
C,,0tj%4. #1041998
WITNESS m hand and offical seal. -��d`�-1;'`lt , ; t
Y F•� .•w; IJOTrs'Y PUB iC • CALIFORNIA �J
SAN D.E:RNARDmo COUNTY CO
Signature) \ n �, r s } 'n";l r„ -, , ,; a� Oc� t3 1998 (Seal)
'.:' '
DATE (MMJDbvvv)AMORI&..CERTIFICATEON.- AN0
0 4 / 0 9 / 9 8
PRODUCER
7f
S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Averbeck Cumriany F ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3270 . Inland Emnirt Rlvd #100 HOLDER. "IS CERTIFICATE! 00r=9 NOT AMEND, EXTEND OR
ALTER THE COVERAGE' AFFORDED BY THE POLICIES BELOW.
Ontario, CA 91 -2 r' 4
COMPANIES AFFOROINC COVERAGE
elty ZO
COMPANV
A1\1 e w 14 a mp.5 I hi.re Insurance Com2du-., RIG
k7"CA,:1 Z-010PANY
C.J_ Inc.
.. ........ W.
14730 E. Cir -,.one Boulevard 0302�m
COMPANY
La M_,rada, c-A 90636 C
D
CO�fERAG£S.
THIS IS To CERTIFY Ti ;AT. I I i-- P0LiC_1FA OF INSURANCE LIST 5C BELOW HAVI: BEEN j3S1jFQ TO THE INSURED NAPAPO ABOVE FOP, THE POLICY PEr:OD
INDICATeD, r-4OT1N1TH_cTA1,'0I1Q!7 ANY AEC-UiREMIENT, T8AN! CA CONDITION OF ANY CONTRACT OR OTHER DOCLUMFNT WITH I;ESPP-CT TO WHICH TH;S
CERTIFICATE MAY Be ISSUF() nR N11AY PERTAIN, THE INSURANCE AFFORDED DY Tiz POLICIES Or.9CRtRPD HEREIN IS SUBJECT To ALL THE TERMS,
EKGLUS70NS AND CONIMTILW5 OF SUCH POL'CIES. LiivllT$ SHOWN MAY HAVE BEEN REDUCED SY PAIO CLAIMS
co 1 TYPE OF INSURANCE POLICY NumsfR POLICY F0ECTIVE POLICY kx0jRA'nOt4
LTA UMITS
DATE (MMIDONY) I DATt (FAM/00fyY)
T47/
A ;.GENERAL LIABILITY CPPOIV'00710010498 104/03/98 b3/99 CENEPALArqrF_GA7F _ 's2, 0.0 0, 0 0_
X C OM?JEACIAJ f-,SNtPAI IJAS)l 11Y PqoDUCTS-COMP)QP AGG `Si 000, 000
ULAIN15 VAArje Y,
1 PE:zsar-oa_ h ACV,NJLiPy
'51 0 0
X bwNER-3 & CONTRA01. Pi'Cl i
F-AUHU CURP.QNCE
.. . .........
�.I,000, ono
..........
...
r1AE DAMAGE (Any ore (i-,)
$5 0 0 0 0
PAEC) AYP (Amy 0mv oer.0-11
S5 000
AUTOmORILE LIABILITY CA0000710011698
04 03 /98 04/ 03/ 9 9
;X: AMY AUTO
COMRINED SIN�_E LIN11T
!S1 0 0 0 1 0 0 0
ALL OWNCD AUTOS
DQ01LY INJ%Jny
,Pet oemon)
x HIREQ AUTOS
BODILY INJURY
X NCN-OWNCPAUTO�:
'F'ROPERTY DAMAGa
GAAAQr UAVUrY
ANY AUTO
EXCESS LIABILIT'Y
OTHER THAN LME"E!.Lk FCRM,
WOAKEH$ COMPENSATION AND
THE PA0PpiET0A1
I.NCL
PAFtTNGPSJpXVCUTIVj:
OFFICER!i ARE
OTHER
TO &
UJYAf.
!AUTO ONLY-5AACCID N $
....... R-7 - - . -1- . __ -
OTHER THAN AUTO ONLY
EfkCM ACCIOCNir :S
AGGREGATE
SACA OCCIARENCE
AGefk[15AIE
UTORY WMITS
dACH ACCIDENT
'0 iSEPOSE- EACI I EM PLQViSr! S
RE Twheel. Ch.aj.r construc:;tion in the Atriberleaf and FICLida/Utica
Enhancement CC I016. Il10 Days Notice of Cancellation ffor Non
(See AttaChecl Scln(tdule-)
-Ct§T1F1CATE MOLD1 A CANCELL.ATION
City Of' .4,.nt,.Lngtcn BeaCh
2000 Mciin C."Creel"
Hunt".ngt_-on �each, CA 92648
.A r- t n z1f.;r R; CharionfIe
SHOULD ANY Of THE A8011E OCSCR0tQ.f-0WC1ES OF CANCELLED BEFORE THE
EXPIRATION ATE THEREOF, THE UING COMPANY wILkd1111WAAL
*.-i-r) DAY: WQMTFM VJOTLCF T4� COMPANYE_rFRTIFtC*TE. HOLDER NAIrtO TO THE LCrT
I
I A
06 'ON XVd
CO.f;PORATI04192
0H 3qj 88-p[-8dv
X))�L
DEaGRI "TIONS (. Qn Mued:fro.m _ A9
Payment. ofPr6,miu!r. Certificate holder is additional insured per CG2UU9
d.ttachtd.. Drim_iry wording is inciuded in the policy. The cancellation
clatase is dint-_-idcd to dciete "endeavor to" and "but failure to... ' wording.
The above cict.c3ije-d coverage .is not subject t.c) any deductible or self -
insured reter_tion; or any other fucm of similar type limitation.
elly eLex e Ilwl—T f1�E
410. 6 00.7o Cry.
WA- e%ha�,e.
F/ori 4/u J e4-
of 2 #9 9842
bO/I 0 'd CZ [ 9CM06 'OBI Xbd Id I ONIM0 NAGEAV
C.J. CCvS�4L(u'_'!CN, I C.
A22,
erai LiBbiii•ty
e Ba
C"'P0000710010498 �Zi HAtSS I�z xlrs CO.
POLIOY FOAMS & ENDORSEMENTS Merritt Manual
Cormmerciai Risks
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
6�t
ell-Y ��eeK YA[JLT �i�
ADDITIONAL INSURED "OWNERS' LESSEES or &aO ,To
CONTRACTORS (Fors A) WAee le- hair Xa-rnp
c��b•e,Q /eu_GJ F/or'i�/4 � Zli7'�
This insuranca provided under the f6lowing:
CSMMERC'AL GENERAL LIABlUTY COVERAGE PART.
SCHEDULE
NqTo O�pamnn jlr O arlization Additionai Insured): Location of
r, �it_� o� 1iurltir�gton Beach, its Ar�ent�, Fh-p:i_oyees, Covered OperraxtoRs
i3nd r icF rs _ Wheel Chair Const✓-'uctian in the
A,mberleaf and F lori a/Mica
2r�r.an,ceinen;- Areas, CC1016
Premium M asis Rates Advancs Promium
Bodily Injury and (per
Prop" 0amago Li2bility Cost $loco of cost) S
Total Advance Premium S
(If ne entry appears above, information recuired to complete
this gnoorsernent will he shown in the Oeclarations
as applicable 'e this endorsement.)
-
1. WHC !S AN INSURS-4 (Section (1) is amended to
(a) All work art the project (other than
nUuC�.,as an Insured the person or organization
service. 'riaintamarce, or repairs) to
(calleC "additional insured") shown in the Sc.�ed-
be performed by or on behalt of the
ule but :7niy with resaec, to liability arising out of:
additional insureds) at the site of the
A. "Ycur work" for the additional :nsured(s) at
covered operations has been Corn -
the !ocation designated above, or
plated: or
g. Acts or omissions of 'ktie additional insurexd(s)
(b) That portion of "your work" out of
which the injury or damage anses has
in connection with their general supervision
of "your work" at the location shown in the
been put to Its intended use by any
Schedule.
person or organization other ttian an-
other contractor or subcontractor
2. With 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. None of the eYclusions under Coverage A,
(3) "Bodily injury" or "property damage"
r
except exclusions (a). (d), (e). (f). (h2), (i),
arising out of any act or omission of the
94
and (m), apply to this insurance.
additional insureds) or any of their ern-
la_ Additional ExCIUSion5. This insurance does
pioyees, other than the generai Supervl-
not apply to.
lion 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" Ur
obligated to pay damages by reason of
(a) Property owned. used or occupied by
the assumption of Lability in a contract or
or rented to the additional insured(s);
agreement- This exclusion does not apply
to liability for damages that the additional
to
(b) Property in the care, custody, or con -
04 the additional insured(s) or
would have in the absence Of
ovetrolr
over which the additional insured(s)
the contractor agreement.
are for any purpose exercising phys-
(2) "Bodily injury" or "property damage"
ical control, or
occurring after:
(e) "Your worK" for the additional in-
sured(s).
CG 2C 09 tl 85 Copyright. Insurance Services
Office, Inc., 1984 C'
M/b0 'd OZ I5£Sb60n 0� Xd3
ZVI ON&WOO N319N30 ec: b i 3I11, 86-ti i -ddd
APR.-28598(TUE) 09:43 GOODMAN INSURANCE
TEL:1 714 365 877 "
AC ORD _ CE.RTIFICATE QF LIABIC ITY .I ISURAIUG la JC OATEIMMIDOIYYJ
iTCONO2 04/28/98
PRODUCER �Dd �Q 0 `le THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Goodman Insurance Agency, Inc. ZV/4HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
28202 Cabot Road, Suite #110 ' (!IeR J - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Niguel CA 92677-1240 Ti e NO COMPANIES AFFORDING COVERAGE
^-
600. /171 r. COMPANY
Phone Ne. 719-365-8700 Fa><No. (!/ Y A CALIFORNIA COMPENSATION
—�Jm
INSURED L��Y/
c.r U G(
COMPANY
GC
B
COMPANY
C.J. CONSTRUCTION
C
14730 East Fireatone, #301
La Kirada CA 90638
COMPANY
D
COVERAGES; v:.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITMSTANDINIG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICM THIS
CERT;FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION6 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE -
POLICY NUMBER
POLICY EFFECTIVE
DATE(MMIOD/YY)
POLICY EXPIRATION
DAME{mMmOmJ
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
S
PRODUCTS . COMP/OP A13C
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
PERSONAL b AOV INJURY
$
OWNER $ S CONTRACTOR'S PROT
EACH OCCURRENOE
FIRE DAMAGE (Any one fire)
$
MED EXP (Any me person)
$
AUTOMOBILE
LIABILITY
ANY AU70
COMBINED SINGLE LIAaiY
S
ALL OWNED AUTOS
5CHEOULCO AUTOS
I BODILY INJURY
I (Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per ecel®enq
5
1 nA t
Vtl
IV��+TI 1
PROPERTY DAMAGE
E
-- GARAGE LIABILITY
ANY AUTO
,��
,(I
.8y 1�
11A�Ii
tL'J• r
1 �. 1O
qT j G,O'N
y�
O
AUTO ONLY • EA ACCIDENT -
$
OTHER THAN AUTO ONLY;
EACH ACCIDENT
$
AGGREGATE;
S
i
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
-
y
�% �.
.Y 4 t 7'
")49
EACH OCCURRENCE
$
AGGREGATE
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
W ATU•TS •OTH_,
YORY LI6'Ui
EL EACH ACCIDENT
S1,000,000
A
THE PROPRIETOR'
PARTNER&EXE$IEXECLfTiVE INCL
G9811.16877
01/01/90
01/01/99
EL DISEASE, POLICY LIMT-
S 1 000,000
ELCISEA,SE -EA EMPLOYEE
$ 1 OOO 000
OFFICERS ARE: EXCLI
OTHER
t
EXCEPT 10 DAY
NOTICE FOR mow YAYNCRT
6 NOW SUBMISSION
OF PAYROLL
I
DESCRIPTION OF QPERATIONSJLOCATIONSN_ EHICLESISPECIAL ITEMS -
WORK COMP ONLY / RE: WHEELCHAIR RAMP CONSTRUCTION
CERTIFICATE' Na�QRR : QAMCELLATIQM '. .
CTYHUNT SHOULD ANY OF THE ABOVE DESCRIBED POLIOES BE CANCELLED BBPORE THE
EXPIRATION DATE THEREOF, THE 1451JING COMPANY WILL MAIL
CITY OF HUNTINGTON BEACH *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN. ERIC CHARLONE
2000 MAIN ST. UCH fIQTIr.F,y
HUNTINGTON BEACH CA 92640
AUTHORIZZO REPRESENTATIVE
ACOI�a 25.; �1 �
S]Rd-CID RATTON 9980 '
A
AVERBECK COMPANY
Insurance Brokers
California Insurance License 00558510
TO: Eric Charlorne
o o . 70 Cr .
ynl 6' .),) s 1-�e-ver1a
COMPANY: `iry of H-Untinaton Beach FAX #: 1-7.14-374- ,573
FROM: S. Christine Mai1acledarf
Please contact me at (y09) 941-6699 if you encounter any problems,
Facsimile:
;9()9; 483-5123 Commercial Lines, Administration Department
DATD: --April 14, 199a PAGES, INCLl,TDING COVER:
RE: CD110000710010498
COMMENTS:
Eric, -
Followirig .s a cc,pv of the cercificaUe and additional infiured
issued oz: 4-9-98. original to follow in afternoon mail.
BCMaIS46a
b0/ [ 0 'd - - £Z 18£8b606 'ON XVd ld I ONMOO A 038N]AV 0? : b 1321 86-b l -ddd
p L 13(s+3�� 8
SECTION A raw �g
Re vr-s e .D
NOTICE INVITING SEALED BIDS
for the
WHEELCHAIR RAMP CONSTRUCTION PROJECT
AMBERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS
CASH CONTRACT No. 1016
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 PM on March 26, 1998. Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$10.00 nonrefundable fee if picked up, or payment of a $15.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor
Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
This project is federally funded in part by the Community Development Block Grant program
^--'2> and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part
135 (directing economic opportunities to low and very low-income persons).
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
A-1
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance '
with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 17TH day of FEBRUARY 1998.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
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HUNTINGTON BEACH
Frnm the desk of:
City of Huntington Beach
P. O. Box 190 - 2000 Main Street
Huntington Beach, California 92648
Connie Brockway, CMC
City Clerk
Telephone: (714) 536-5404
Fax: (714) 374-1557
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648
Public Works Department - Street Design Division
Telephone: (714) 536-5431 Fax: (714) 374-1573
LETTER OF TRANSMITTAL
DATE: 02/19/98
TO: City Clerk Office
PROJECT: Wheelchair Ramp
Construction--Amberleaf and
Florida/Utica Enhancement Areas
CC: 1016
FROM: Tony Folaron
SUBJECT: Project Advertisement in the H.B. Independent
We are forwarding: FiBy Mail I5�By Messenger
F-113y Blueprinter
Item
No
Copies
Pages
Description
1
1
2
Notice Inviting Sealed Bids
2
3
4
5
Status:
®Final Preliminary Revised Approved Released Reviewed
Sent for your:
E]Approval ❑Signature ®Use File Information Review
Please Note:
Revisions ❑Additions ❑Deletions ❑ Corrections E]Not for Construction
Remarks: Please use the above to advertise the subject project in the H.B. Independent
beginning on Thursday, February 26, 1998, ,
Please note that CC- 1016 is a CDBG (Community Development Block Grant) project and
Section 3 (Housing and Urban Development Act of 1968 as amended in 1992, Section 3) is
required.
Please add the following paragraph to the Notice Inviting Sealed Bids advertisement: "This
project is federally funded in part by the Community Development Block Grant program and all
requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part 135
(directing economic opportunities to low and very low-income persons)".
c:
file# CC-1016
30243.01
SECTION A
NOTICE INVITING SEALED BID
for the
WHEELCHAIR RAMP CONSTRUCTION PROJECT
MB AERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS
CASH CONTRACT No. 1016
in the
CITY OF HUNTINGTON BEACH
S a&
/9
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY,., invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 PM on March 26, 1998. Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$10.00 nonrefundable fee if picked up, or payment of a $15.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor
Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the. approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
°.: The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
X bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor :and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 17TH day of FEBRUARY 1998.
Attest;
.,
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
SECTION A
NOTICE INVITING SEALED BID
for the
WHEELCHAIR RAMP CONSTRUCTION PROJECT
AMBERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS
CASH CONTRACT No.1016
in the
b CITY OF HUNTINGTON BEACH
S
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY -,invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 PM on March 26, 1998. Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$10.00 nonrefundable fee if picked up, or payment of a $15.00 nonrefundable fee if mailed.
This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor
Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 17TH day of FEBRUARY 1998.
Attest:
f
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
d o
CITY OF HUNTINGTON BEACH
2000 MAIN STREET P.O. BOX 190 CALIFORNIA 92648
Public Works Department - Street Design Division
Telephone:.(714) 536-5431 Fax: (714) 374-1573
DATE: 02/19/98
TO: City Clerk Office
LETTER OF TRANSMITTAL
PROJECT: Wheelchair Ramp
Construction--Amberleaf and
Florida/Utica Enhancement Areas
CC: 1016
FROM: Tony Folaron
SUBJECT: Project Advertisement' the Local Dail Pi .
We are forwarding: F-113y Mail FIBy Messenger
F-13v Blueprinter
Item
No
Copies
Pages
Description
1
1
2
Notice Inviting Sealed Bids
2
3
4
5
Status:
®Final ❑ Preliminary Revised Approved Released Reviewed
Sent for your:
Approval Signature ®Use File Information Review
Please Note:
Revisions Additions Deletions ❑ Corrections Not for Construction
Remarks: Please use the above to advertise the subject project in the Local Daily Pilot on
Thursday, February 26, 1998 lease note that CC- 1016 is a CDBG (Community Development
Building Grant) project and lec 3 (Housing and Urban Development Act of 1968 as
amended in 1992, Section 3) is requir
c:
file# CC-1016
30243.01
- se -a— 4e,
Council/Agency Meeting Held: F/i? 19,
Deferred/Continued to:
fid-'A'p roved ❑ Conditionally Approved ❑ Denied
b 00,7o
City Cler 's Signature
Council Meeting Date: February 17, 1998
Department 1D Number: PW 98-017
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR/ CHAIRMAN AND CITY COUNCIL
MEMBERS/ REDEVELOPMENT AGENCY MEMBERS m i
--1
SUBMITTED BY: RAY SILVER, Acting City Administrator175
� PREPARED BY:eS 1 JONES II, Director of Public Works K)
N f�'c�"<
DAVID C. BIGGS, Director of Economic Development
SUBJECT: Authorization to Advertise Wheelchair Ramp Construction in t
Amberleaf and Florida/Utica Enhancement Areas (CC-1016)
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: The plans and specifications for the construction of wheelchair ramps
in the Florida/Utica and Amberleaf Enhancement Areas are complete and ready for approval
and project bidding.
Funding Source: CDBG funds totaling $50,000 are available in account E-HQ-827-6-39-00
Recommended Action: Motion to:
1. Approve the project plans and specifications and authorize the Director of Public Works to -
solicit bids for the construction of wheelchair ramps in the Amberleaf and Florida/Utica
Enhancement Areas (CC1016); and
2. Approve the attached sample contract, subject to award of the contract to the lowest
responsible bidder.
Alternative Action(s): Cancel the construction project and re -allocate the funds for some
other purpose.
REQUEST FOR COUNCIL ACTION
MEETING DATE: February 17, 1998 . DEPARTMENT ID NUMBER: PW 98-017
Analysis: The staff has completed the design for the wheelchair ramp construction
project in the Amberleaf and Florida/Utica Enhancement Areas. The ramps will eliminate
many of the barriers to wheelchair access in the two areas.
The project enables the City to fulfill its obligation to comply with the Americans with
Disabilities Act (ADA), which is also a high priority in the City's Consolidated Plan.
The engineer's estimate "for this project, including contingencies and supplementals is
$49,680.
Environmental Status:
The project has been reviewed and determined to be Categorically Exempt pursuant to the
California Environmental Quality 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: T. Folaron
0029878.01 -2- 02/04/98 10:07 AM
ATTACHMENT 1
0019517.01
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WHEEL CHAIR RAMP CONSTRUCTION
W
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IN 2 ENHANCEMENT AREAS (CC1016)
o
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CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 2
0019517.01
SAMPLE
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR A
WHEELCHAIR RAMP CONSTRUCTION IN THE AMBERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS (CC-1016)
THIS AGREEMENT is made and entered into on this day of
1998, 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 construction of a wheelchair ramp in the Ambedeaf and
Florida/Utica Enhancement Areas (CC-1016), 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. 1701 u (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
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;
1
SAMPLE
k/autotexVfmkF=-c&0/6/98
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
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
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
2
SAMPLE
k/autotext/fedagree-cdbg/2/6/98
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
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,
3
SAMPLE
k/autcUx /fedag=-cdbg/2/6/98
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 bome 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;
B. Bonds covering the work herein agreed upon;
4
SAMPLE
k/autotexVfedagree-cdbg/2/6/98
C. The 1994 edition of Standard Specifications for Public Works
Construction, published by Builders 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
Dollars ($ ) as set forth in the Contract
Documents, to be paid as provided for by the terms and conditions of this Agreement.
5
SAMPLE
k/autotexUfe&vree-cdbg/2/6/98
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 on 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
6
SAMPLE
k/autotext/fedagree-cdbg/2/6/98
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.
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;
7
SAMPLE
wautotext/fe&g=-c&ga/6/99
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
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,
8
SAMPLE
k/autotexL/fedagree-cdbg/2/6/98
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 con 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
(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
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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 HD 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
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.
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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.
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
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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 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 his health standards
promulgated by the Secretary of Labor by regulation.
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
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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 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
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
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percentages of the journeyman's hourly rate) specified in the contractors or subcontractors
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
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
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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
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
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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 1215-01.40
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
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:
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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.&(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
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
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make such records available may be grounds fog 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
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 c would sustain in the event
of an by reasons of.such delay; and CONTRACTOR agrees to pay said damages herein
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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
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
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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:
(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
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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
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
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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
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 p have been paid in full
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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 final certificate. 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.
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.
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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
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.
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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 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 the CITY, its officers and employees as
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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.
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.
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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
material s 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.
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.
27
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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 Government 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 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.
40. - DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this contract. Such
disputes 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.
41. CERTIFICATION OF ELIGIBILITY.
By entering into this contract, the CONTRACTOR certifies that neither it (nor he
or she) nor any person or fine 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-
28
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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 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."
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.
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.
29
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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 C 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,
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
30
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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
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
31
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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, et
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.
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.
32
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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
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
33
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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.
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.
REST OF PAGE NOT USED
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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/President/Vice President
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of Public Works
35
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k/autoWxt/fedag=-c&g/2/6/99
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR A WHEELCHAIR RAMP CONSTRUCTION IN THE
AMBERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS (CC-1016)
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
il.
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
21
24.
WITHHELD CONTRACT FUNDS
22
25.
AFFIDAVITS OF SATISFACTION OF CLAIMS
22
26
WAIVER OF CLAIMS
23
27
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
23
28.
WORKERS COMPENSATION INSURANCE
23
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
26
34.
CITY EMPLOYEES AND OFFICIALS
27
35.
STOP NOTICES
27
36.
NOTICES
27
37.
CAPTIONS
27
38.
FEDERAL PARTICIPATION
28
39.,
DAVIS-BACON ACT
28
40.
DISPUTES CONCERNING LABOR STANDARDS
28
41.
CERTIFICATION OF ELIGIBILITY
28
42.
DISCRIMINATION, MINORITIES, ALIENS
29
43.
EQUAL EMPLOYMENT OPPORTUNITY
29
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
32
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
33
54.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
34
55.
ATTORNEY FEES
34
56.
ENTIRETY
35
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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
material s 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.
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.
27
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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 Government 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 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.
40. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this contract. Such
disputes 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.
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-
28
SAMPLE
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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 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."
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.
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.
29
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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 C 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,
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
30
SAMPLE
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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 oftabor. 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
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
31
• SAMPLE
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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, et
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.
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.
32
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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
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
33
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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.
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.
REST OF PAGE NOT USED
34
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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/PresidentlVice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
�ity Attorney
INITIATED AND APPROVED:
Director of Public Works
wautoteXuin7/98
35 SAMPLE
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR A WHEELCHAIR RAMP CONSTRUCTION IN THE
AMBERLEAF AND FLORIDA/UTICA ENHANCEMENT AREAS (CC-1016)
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.
TIMEOF THE ESSENCE
6
6.
CHANGES
7
7.
NOTICE TO .PROCEED
7
8.
BONDS
8
9.
WARRANTIES
8
10.
MINIMUM WAGE
8
ir.
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
21
24.
WITHHELD CONTRACT FUNDS
22
25.
AFFIDAVITS OF SATISFACTION OF CLAIMS
22
26
WAIVER OF CLAIMS
23
27
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
23
28.
WORKERS COMPENSATION INSURANCE
23
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
26
34.
CITY EMPLOYEES AND OFFICIALS
27
35.
STOP NOTICES
27
36.
NOTICES
27
37.
CAPTIONS
27
38.
FEDERAL PARTICIPATION
28
39.
DAVIS-BACON ACT
28
40.
DISPUTES CONCERNING LABOR STANDARDS
28
41.
CERTIFICATION OF ELIGIBILITY
28
42.
DISCRIMINATION, MINORITIES, ALIENS
29
43.
EQUAL EMPLOYMENT OPPORTUNITY
29
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
32
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
33
54.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
34
55.
ATTORNEY FEES
34
56.
ENTIRETY
35
SAMPLE
k/autotext/fe 6vft.c&g/2/6/98
C
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Authorization to Advertise Wheelchair ramp construction in
the Amberleaf and Florida/Utica Enhancement Areas
(CC1016)
COUNCIL MEETING DATE:
February 17, 1998
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
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
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
I have received Bid Bond No. B 20396 - American Bankers Insurance Company of
Florida American Reliable Insurance Company for C. J. Construction, Bid Bond No. SA
3116245 Star Insurance Company for All Concrete Construction, Bid Bond Insurance
Company of the West for Kovac, Inc., Bid Bond United Pacific Insurance Company for
Ketter Corporation, Bid Bond Insurance Company of the West for Damon Construction
Company, Bid Bond No. 3SM 774 254 00 American Motorists Insurance Company for
Ranco Corporation, Bid Bond First National Surety for Kalban, Inc., Bid Bond
Contractors Bonding and Insurance Company for Nobest Incorporated, Bid Bond
Washington International Insurance Company for Hi Tech Pro Construction Co.,
Re: CC-1016 - Wheelchair Ramp Construction Improvements
RCA and Action Agenda of 2/17/98 attached.
Dated:
By:
L-A, 0 CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: City Clerk's Office
C
From: Jack Miller
Contract Administrator
Date: December 18, 1998
Subject: WHEELCHAIR RAMP PROJECT CC-1016,
Attached is the Maintenance Bond.
r' C ` 6L / a'// d
Crykr-t y &"` O� Y64-1-`°,
SECTION C
PROPOSAL
for the
WHEELCHAIR RAMP CONSTRUCTION PROJECT
AMBERLEAF AND FLORIDA/UTICA
ENHANCEMENT AREAS
CASH CONTRACT No.1016
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 60 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
Estimated
Item with unit price
Extended
No.
Quantity
written in words
Unit Price
Amount
1
1
L.S.
Mobilization
n D% oy/1�U0 Q/JZ� Dollars
$ z6y "
$
D Cents
Per L.S.
2
1
Traffic Control
L.S.
@ ��G�Coc�� Dollars
$ �S�Qd
$ D
Cents
Per L.S.
3
39
Construct Curb Ramp Per BB STD. 212 ( 2 of 3 )
EA
(.n�- �/ /DD�I/.1//oC�c a°+, Dollars
$
Cents
Per EA
4
5e
Construct Curb Ramp Per BB STD. 212 ( 3 of 3 )
EA
rr C Dollars
S
$ QS-0
Cents
Per EA
5
5
Constructs Curb Ramp Per Caltrans STD. NSP A88- Case C
EA
@"/1(IL�7f�C�rC�iid/iL1G -it-Q� Dollars
$
$
Cents
Per EA
6
7
Construct Curb Ramp Per Caltrans STD. NSP A88- Case G
EA
@rp/Jj d�Ci _�s Dollars
$ , 5 D
$ Jr S'D
Cents
Per EA
7
0
0
0
@ Dollars
$ r
$
Cents
Per 0
8
0
0
0
@ Dollars
S
$
Cents
Per 0
9
0
0
0
@ Dollars
$
$
Cents
Per 0
Total Amount Bid in Figures: $ 9 O
Total Amount Bid in Words: - -
........................................................................... `- � .... ...... ......
�I
C-1s 0028087.01
If awarded the Contract, the undersigned agrees that in the event 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.
Accompanying this proposal of bid, find Bona in the amount of $ \5 0oo. 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 SUBCONTRACTORS
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.
Portion Name and Address of Subcontractor State License Class
of Work Number.
;b
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
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
J o%.,n S C.r no , being first duly sworn, deposes and says that he of -sloe is
Y 2S id<ri-r of C'T & n S+ru CA -(On I nC-, 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.
d
Address of Bidder
Subscribed and sworn to before me this is +4- day of M a r 6-� , 1999
SANDRA E. SCHOTT
COMM. # 1040167
Z ` . A - Notary Public — Califomia
LOS ANGELES COUNTY
My Comm. Expires SEP 30.1998
NOTARY PUBLIC
NOTARY SEAL
C-4
UTILITY AGREEMENT
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 WHEELCHAIR RAMP CONSTRUCTION PROJECT, CC-1016,
(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: 3 -A I. -9 e
C-5
ai Co ns�YuC�10 r► , I n c-_
�'re s (d(. n-r
Title
DISQUALIFICATION QUESTIONNAIRE
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 Cd'�to
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
COMPENSATION INSURANCE CERTIFICATE
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.
Al
Date: 3 -" -5 �
C-7
Title
UNDERGROUND SERVICE ALERT
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:
Title
Date: 3 --4 3- 5 Y
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 INFORMATION
BIDDER certifies that the following information is true and correct:
G J, COYn5�rUcfioy)
Bidder Name
M3O E I ire-s6V RIyd. 5ie. 3ov
Business Address
LQ N IraL CA- g01,3b
City, State Zip
(114 ) Goa-uo-
Telephone Number
58'�
State Contractor's License No. and Class
Original Date Issued
'-I •30-54
Expiration Date
The work site was inspected by � An Sur n o of our office on MA.rc.,. L3 , 1999.
The following are persons, firms, and corporations having a principal interest in this proposal:
C'S L►14rLkCH*0n .1
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington 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.
�! �0 ns7 74C- 7oh lr?c
Company NaI9
c nhn sa �n o
Printed or Typed Signature
Subscribed and sworn to before me this 'VI,day of Nla.r c," , 199 d
SANDRA E. SCHOTT
COMM. # 1040167 z
z - Notary Public — California
p LOS ANGELES COUNTY
My Comm. Expires SEP 30. 19"
NOTARY PU13LI
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. 0_;�M oR- �%j t�JL1.S y55 n. Zty*Card 'Or. TA<v-LA4 LI-uUls.U-�• gop.i
Name arWd Address of Pt blic Agency
Name and Telephone No. of Project Manager: �r•c.w% 1Luw.dr ( 3 w) >. r5- ,5or.
34$yu(o0Si P&- stc)-Zu.' I< Fr'9-5b
Am
ount mount Type of Work Date Completed
2. Ci 6 o � ?,rea. _% ng- Lv
Name ana Address of Public Agency
Name and Telephone No. of Project Manager: 'PVL.s t k!4 h(A) b-)1s - y'ASa
3 y4 94 c,ms4yuc.O,ay.. r1i. Sim, ho 1 i -3 -57
ContractAmount Type of Work Date Completed
3. o R,ekc�- 2,33 L ). 6 Bean 1u6�o n c1. CA o
Name and Address o Public Agency
Name and Telephone No. of Project Manager: _Byb } II,,
�ww& (516DO 5 r7o - 1.14 6�
q&01 qV �Mt�'LrhZ.w.4 W ID.-5--91
Contract Amount Type of Work Date Completed
C-10
CERTIFICATION
HOUSING AND URBAN DEVELOPMENT ACR 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
The bidder, under penalty of perjury, certifies that except as noted below, any person associated
therewith in the capacity of owner, partner, director, officer, or manager:
Will ensure that 10% of all new hires as a result of this project shall meet all requirements of
Section 3 of CFR part 135 of the HUD Act of 1968; or
Will hire no new employees in conjunction with this project.
This Certification shall apply to the prime contractor's sub -contracts related to this project.
Ci
Title: Y -e SIc LL
Date: 3 - --�- 3 - `1 re
C-11
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office:
Brownell, Williams & Fix/1915 West 9th Street/Upland CA 91786/(909) 982-5924
BID PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENT,
THAT WE, C J Construction, as principal, and American Reliable Insurance Company, of
the State of Arizona, as Surety, are held firmly bound unto the City of Huntington Beach,
(herein after called the obligee) in the full and just sum of 10% of the GAB not the exceed
Fifteen Thousand and no/00 Dollars ($16,000.00) 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
03/26/98. FOR PROJECT: CE1016, Wheelchair Ramp Construction
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 16th day of March, 1998.
Principals C 4,Constrtuction, Inc
By:
;Surety: Aglefic4n Reliable Insurance Company
c
Acknowlegement of Surety (Attorney In Fact)
State of California
County of San Bernardino
On March 16, 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 samed in his authorized capacity and that by his signature on the instrument acted
executed the instrument.
WITNESS m hand and offical seal. ,� M. E. GLASSNER
Y �' COh1M. #1041998
ma •_ NOTARY PUcLIC • CALIFORNIA U
Signature q u SAN FERNARD NO COUNTY CO
A •4 40!f: TIC nu o o'_ . I J, I: s
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AMERICAN RELIABLE INSURANCE COMPANY
Administrative Office: 8655 E. Via de Ventura, Scottsdale, Arizona 85258
LIMITED POWER OF ATTORNEY
BPA B 20396
POWER OF AT7VRNFY VALID IF NUMBERED IN RED
KNOW ALL MEN BY THESE PRESENTS,
That American Bankers Insurance Company of Florida, a corporation duly organized and existing under the laws of the State of Florida, and having
its Home Office in Miami, Dade County, Florida -and that American Reliable Insurance Company, a corporation duly organized and existing under
the laws of the State of Arizona, and having its Home Office in Scottsdale, Maricopa County, Arizona, does by these presents make, constitute and
appoint:
of Upland and State of California its true and lawful Attorney -in -Fact, with full power and authority for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, on bid bonds, consents of surety, or other written obligations in
the nature thereof, as follows:
it
Rr
,I
P
o11 of o�b�rl8ytr�
yu
ll-:.,
III
s1
I:.VI'I III Il
'✓Halle ill brl
1
h e
gI::III'
r
il�'.II•iGII
I:.� II;�RII t,
q' l
4.!.''.
r is
1'.�
-I II -Ice„L it III
iI i,l il.l-II II' -.,II
I. II I:: II I'
-I l
:„'I -.I.:
- . F. ;; N
.l•:'
In witness whereof, American Bankers Insurance Company of Florida and American Reliable Insurance Company have caused these presents to be
signed by its President of American Reliable Insurance Comoanv and its corporate seal to be hereto affixed this 12th day of December , A.D.,
.L432•
,�mnwwl�
AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
Ii' sr•t'� Iona Attest: AMERICAN RELIABLE INSURANCE COMPANY
B��roOaa°T � .,.� 3
Secmary,American Bankers lnwnnee Company or Florid, a/wwr 1d by:
6/f — R/} Brace Petersen, President of
Attest: r 1. -o +` American Reliable Insurance Company
Seereury, American Reliable Insumam Company
State of Arizona
SS:
County of Maricopa
On this 12th day of December, in the year 1997 , before me Gwen A. Dick , a notary public, personally appeared Bruce Petersen,
personally known to me to be the person who executed the within instrument as _President of American Reliable Insurance Company on behalf of
the corporation therein named and ICKnowleogeaxecuted it.
r GWEN A. DICK L/�dGCUG
Notary Pub5c - Stale of Arizona
MARICUPA COUNTY OTARY PUBLIC
My Comm. fxp:res Sept. 22,1998
RESOLUTION OF THE BOARD OF DIRECTORS OF AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA
AND AMERICAN RELIABLE INSURANCE COMPANY
WHEREAS, it is necessary for the effectual transaction of business that the Company appoint agents and attorneys with power and authority to act for It
and in its "nine
in the states and territories of the United Slates, and additionally American Bankers Insurance Company of Florida In the provinces of the Dominion
of Canada..
RESOLVED, that the American Bankers Insurance Company of Florida and American Reliable Insurance Company hereby does authorize and empower
the President of American Reliable Insurance Company_ in conjunction with its Secretary or one of Its Designated Signers, under Its corporate seal, to appoint any
person or persons to act as its true and lawful attomey-in-fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of
public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or
permitted to all actions or proceedings, or by law allowed; and
FURTHER RESOLVED, that the signature of any officer authorized by resolutions of the Board and the Company seal may be affixed by facsimile to
any power of attorney or special power of attomey or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation
in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the
Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
I certify the above is a true copy are resolution adopted by unanimous consent by the Board of Directors of AMERICAN BANKERS INSURANCE COMPANY OF
FLORIDA and AMERICAN RELIABLE INSURANCE COMPANY, on July 29, 1993.
6
SECRETARY, American Reliable Insurance Company
SECRETARY, American Bankers Insurance Company of Florida
1, the undersigned Secretary of American Bankers Insurance Company of Florida, and 1, the undersigned Secretary of American Reliable Insurance Company, hereby
certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the
said Power of Attomey is still in force and effect.
And 1 do hereby further certify that the Certificate of this Power of Attomey is signed and sealed by facsimile under and by the authority of the resolution adopted by
the Board of Directors of the American Bankers Insurance Company of Florida and the Board of Directors of American Reliable Insurance Company by unanimous
consent on the 29th day of July, 1993, and that said resolution has not been amended or repealed.
Given under my hand and the seal of said Company, this �_ day of Pf\ a v e 19-0
SECRETARY, American Reliable Insurance Company. SECRETARY, American Bankers Insurance Company of Florida
To Form and Be A q ♦a - .. l i.., Ill 'II : --Z.
Pert of Bond Number 1 .N L-IM6.'I to
C J CONSTRUCTION, INC.
14M E done OW, Ste. 302
V Wrak G 90638
17A UM12 • Fax (714)67OW
RECEIVED
CITY
CICLERK
CITY OF
HUN T ItIGTOR BEACH. CA
1998 �1AR 25 All: 40
$Pn/d an/e/a
�roJec#-Am6fr�G+f+
o..{,eneiaunt dats,
63,�'J
eG 7�0. /040
�n fi� �j BAoe�{,CA 9ZGo
,�e �/�vr
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: City Clerk's
From: Jack Miller
Contract Ad
Date:
Subject:
October 14, 1998,_�
WHEELCHAIR RAMP PROJECT CC-1016
Attached are the Certificate of Compliance and the Declaration of Satisfaction of Claims from C. J.
Construction, Inc.
The maintenance bond will be provided shortly.
This project will go to the Council for acceptance on November 2. 1998.