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HomeMy WebLinkAboutD.G. CONCRETE CONSTRUCTION COMPANY - 1982-07-06FEDERALLY FUNDED PUBLIC WORKS CONTRACT THIS AGREEMENT, made and entered into on this 7th day of September, 1982 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein- after referred to as "CITY," and D. G. CONCRETE C014STRUC-TION COMPANY, a California corporation hereinafter .referred to as "CONTRACTOR." WHEREAS, CITX has solicited bids for a public works r-- cct (herein as PROJECT) more fully described as the construction of the 13th Street Storm Drain - Phases I and II, in the City of Huntington Beach, California. WHEREAS, CONTRACTOR has been selected and :s to perform said work, NOW, THEREFORE, in consideration of the promises and agree- ments bereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORKS ACCEPTANCE; OF RISK CONTRACTOR shall furnish, at his own expense, all labor, plant, tools, equipment supplies, transportation, utilities and all other items and facilities necessary to complete and construct, in a good. and :,rorkinanlike manner, PROJECT. - 1. WSA:bb 9182 L N �it l.,.j 1r r••'t r 1 .r 1 . ona?. y; '" gees, to assume any loss and/or Addi.ti 1 CONTRACTOR agrees damage arising out of the mature of the af oresaid. work during its progress `or prior to acceptance from the action of the elements, an d ' from any unforeseen difficulties which may arise or be encount-- ered-in the prosecution of work and for all other risks of any 'description connected with the work; and all expenses incurred by - or in consequence of the suspension or discontinuance of work, except such as are expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown arid described in this agreement and in accordance with the requirements of CITY under them for the compensation set forth in its accepted bid proposal. However, the total compensation co 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 COT-IDITIONS OF WORK, SPECIFICATIO14S CONTRACTOR acknowledges that he is fully familiar with all the terms, conditions and obligations of "he Contract Documents, as hereinafter defined, the location o�' the joi bsite, and the corn-- ditions under which the work iE to the performed, and that lie enters into this 'contract based upon his investigation of all such matters and is -in no way relying upon any opinions of representations of CITY. It is further agreed that:. the Contract. Documents are incor porated �n this contract 'by,. this reference, with the same Force and M r .. effect as if the same weia set forth at length herein, and that r ill b d b d CONTRACTOR and its subcontracto..s, ii any, w e an axe oun by any and all of :aid Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this contract. "Contract Documents" as defined herein mean and include: A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY's standard plans and specification, and -pec:ial contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY and any revisions, amendments or addenda thereto, the 1982 edition of Standard Specifications fur Public Works Construction, published by B&tilder's News, Inc., 2055 Over- land Avenue, Los Angeles, CA 9003,'', and all amendments thereto, written and promulgated 4,.y the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of th, California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders, and the Contractual Proposal (attached hereto as Exhibit "A" and incorporated by reference herein as though fully set forth at this point.) E. The project plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the -3 nos • s a ' ''t '� S f' t P. and not indicated in the Plans:.,or i ' S 'ecifeatioris ndicated in thePlans and not mentioned in the Specifications, shall be, of likes e'fect as if indcnted.and mentioned'in both. In case 'of dispute or 1nconeistency between any plan or'specification, the 'hall b matte.. ` � e immediately submitted to the Department of Public Works "of CITY, hereinafter referrer: to as "DPW," without whose decision said discrepancy shall no;; be adjusted by CONTRACTOR, save only at his own risk and expense. Should there be any conflict between_ the terms of this agreement and the bid or proposal of CONTRACTCH, then this agreement 6hall control and nothing herein shall he considered as an acceptance of the said terms of said bid or proposal vibich IF in conflict here- with. 3. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the project within 10 calendar Says after notice to proceed is issued and shall diligently prosecute it to the completion within 180 calendar days from the execution of this contract by CITY, excluding delays provided for in Section 16 herein. 3. TIME OF THE ESSENCE Time.is of the essence of this contract. CONTRACTOR -' eh, "1•prepare and obtain approval as required by the Contract. ' Documents for all shop drawings, details, samples, and do all other' things necessary and incidental to the prosecution of his work in He shall coordinateconPol•mance with the said progress schedule. - uhe work covered by this contract with that of all other contractors, subcontractors and of the CITY, in a manner that will facilitate the efficicrtt completion of the project and in accordance with Section 3 herein. CITY shall have complete control. of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of ti.e work shall be installed or th, priority of the work of other subcontrac- tors and, in general, all inatter representing the timely and orderly conduct of the work of CONTRACTOR on the premises. 5. CHANGES CONTRACTOR hereby agrees to make any and all. changes, furnish the materials and perform the work the DPW may require with- out nullifying this contract. CONTRACTOR shal). adhere strictly to the Plans and Specifications unless a change therefrom is authorized in writing; by the DPJ. Under no condition shall CONTRACTOR make any changes, eirher in additions or deductions, without the written order of the DPW and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in u riting by the DPW. CONTRACTOR shall submit immediately to the DPW written copies of its firm's cost or credit proposal for changes in the work. Disputed work shall be performed as ordered in writing by the DPW and the proper cost or credit breakdowns therefor :hall be submitted without delay by CONTRACTOR to DPW. — 5 — 41i . 6. 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 tne'Notice to Proceed is isscced. In event of a delay in commenne- ment due to such unavailability, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavail- ability. 7. BONDS CONTRACTOR shall, prior to entering upon the performance of this contact, furnish bonds approved by the City Attorney: one in the amount of one hundred percent (100%) of the contract price, to guarantee the CONTRACTOR's faithful performance of the work and to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in tho amount of fifty percent (50%) of the contract price, to guarantee payment of all. claims for labor and materials furnished. Such warranty shall apply to all work done under this agreement, including but not limited to any workmanship, installation, fabrication, material or structural facilities con- structed. CONTRACTOR, within ten (10) days after, notification by CITY of any defect: warranted hereunder, may at Its option make appropriate repairs or replace the defective item or items. 6» • CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT COAT:iACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Labor Code Sections 1410, et seq. 9. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be per- formed for each craft or type of fork needed to execute this con- tra^.t, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. in accordance with the pro- visions of Section 3700 of 11-he Labor Code, CONTRACTCR further :agrees to secure paymt.nt of compensation to every employee. 10. CALIFORNIA PREVAILING '!AGE THAW - PENALTY CONTRACTOR shall, as a penalty to CITY, forfeit twenty- five dollars ($25) for each calendar day or portion thereof for each worker paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 7 • 11. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Labor Code of the State of California, regardinZ the payment, of travel and subsistence payments, is applicable to this contract. 12. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Labor Cede of the State of California, regarding; the employment of apprentices, is applicable to this contract. 13. EIGHT HOUR LAW In performance of this contract, not more than eight (8) hours shall constitute a day's work and CONTRACTOR shall not require more than e'.ght (8) hours of labor in a day from any per6on employed by him hereunder except as provided in paragraph Q above. CONTRACTOR shall conform to Article 3, Chapter 1, part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and shall forfeit to CITY as a penalty, the sure of twenty-five dollars ($25) for each worker employed in the pxecuuion of the contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) h•-)urs in any one week in violation of said article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the project. V 14. PAYROLL RECORDS 0 CONTRACTOR agrees to keep accurate payroll reco.de showing the name, address, sucial security number, work class'.-- "scarion, straight t1me and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, ap,.entice or worker employed by him In connection with the project, and agrees to insist that each of hi.s subcontractors do the same. CONTRACTOR further agrees that his payroll records and those of his subcontractors, if any, shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Appr�titiceshIp Standards, and shall comply wi.tti all of the provislons of .,abor Code Section 1776, in general. 15. INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is, and shall. be, acting at all times as a:i independent contra --tor herein, and riot as an emitloyf!e of CITY. CONTRACTOR shall secure, at Its expense, and Le 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 services to be performed hereunder. 16. LI01DATED DAMAGES It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements Is not finished or completed within thn number of calendar days as ;yet forth in Section 3 herein, damage will be su,_A.alned by CITY and .. 9 a` that it is and will be Impractical and extremely difficultto ascertain and determine the actual damage which CITY will sustain in the even, of and by reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the sum of One Hundred dollars ( $100.00 ) per day fort each and every working day's delay in finishing the work in excess of the number of worki.ng days prescribed; and CONTRACTOR agrees to pay said damages herein provided for, and further, agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed with damages for any portion of the delay in com- pletion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including but not restricted to acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, and unsuitable weather, or delays or subcontracto s due tc such causes. CONTRACTOR shall within fifteen (15) days from the beginning of any such delay (unless. the DPW shall grant a further period of time prior to the date of final settlement of the contract) notify the DPW in writing of the cause of the delay, and CITY shall extend the time for completing the work if, in Its judgment, the findings of fact thereor justify the delay, and its decision In conclusive on the parties hereto. 10 Should CONTRACTOR be delayed in the prosecution or comple-ion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials, if' said materials are required by this contract to be furnished by CITY, or by damage caused by fire or other casualty for which CONTRACTOR is not responsible, or by the combined action of the workmen, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the event of a lockout by CITY, then the time herein fisted for the completion of the work shall be extended the number of days that CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented :n writ-i.ng io CITY within fifteen (15) aays of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof and including without limitation, the furnishing of material by CITY, or delays by other contractors, subcontractors or CITY will be allowed and said extension of time for the completion shall be the sole remedy of CONTRACTOR. 17. DIFFERING SITE 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 site differing materially from those indicated in this agreement; or (b) unknown physical eonditioni at the site, of an unusual nature, differing materially from those ordinarily encountersd and generally recognized as inherent in work of the character provided for in this agreement. The DPW shall promptly investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this agreement, take -her or not: changed as a result; of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. (2) Time Extension. No claim of the contractor under this clause shall be allowed unless the contractor has given the not -,ice required in this clause; provided, however, the time prescribed therefor may be extended by CITY. 18. COMPENSATION CITY agrees to pay and C014TRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to any additions or deductions as provided in The Contract Documents, tho sum of_..,,-' 35 17c as set forth in the Contract; Documents and provided fot• in Section 1 herein. 19. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed i n the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items, const,ruc:t: -A In accordance with the and specifications. Upon completion of the cons -ruc- t;fon, if the actual quantiti,.; show wither an increase, or decrease , from' the quantities given in the bid schedule, the contract bid pricrt will prevail subject to the provisions of this Article. 'Equitable adjustment in payment will be made upon increases or decreases in costs due solely to the variation in quantity above or below the estimated quantity when warranted by the facts and circumstances. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings justify. No Claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this agreement. 20. PROGRESS PAYMENTS Each month, the DPW will make an estimate in writing of the work performed and the value thereof. From each progress estimate, ten percent (10N) will be deducted and retained by CITY, and the remainder, less the amount of all previous payments since conurencement of the work, frill be paid to CONTRACTOR. If CONTRACTOR has, in the udginent of tho 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 satin factory progress has'been and is being made, the CCNTRACTOR may be paid such Burn as will brim; the payments of each month up to one hundred peveent (100%) of the value of -the work' completed since the comme.neement of the work', as :de'teim.ined by Dl W, 'less all. previous Fay-aient .r A and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty --five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the DPW, stating that the work for which payment is demanded has been performed in accordance with the terms of the contract, and that the amount stated in the certificate is due under the -.erms of the contract. Partial payments on the contract- price shall not be considered as an acceptance of any part of the work. 21. WITHHELD CO14TRACT FUNDS , SUBSTI:TUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain bencficial 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 perfo. mance :zrider Section 20 of this contract. 22. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this contract, CONTRACTOR shall rile with the DPW its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon PROJECT have been paid in full, and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to he set; forth in an w 14 - • s affidavit covering disputed claims, or it -ems in connection with Notices to Withhold which have been filed under the pro- visions of the statutes of the State of California. 23. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this contract. 24. INDEMNIFICATION; HOLD HARMLESS; DEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons, Including death or injury tc CONTRACTOR's employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR. or out of the operations condu,.,ted by CONTRACTOR, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any juch suits at thu sole cost and expense of CONTRACTOR when reque;. wed by CITY, and ary costs of defense or attorneys fees incurred by CITY In enforcing; this obligation will be reimbursed to CITY or may be awarded CITY by a court of competent jurisdiction. 25. WORKERS' COMPE14SATION CONTRACTOR acknowl,^dges and undertakes its duty under the provisions of §3700 et seq. of the Labor Ccde to insure against liability for Workers' Compensation and covenants to comply with suc:'.; provisionsz prior to comi',iencing the performance of the work hereunder. -1a- CONTRACTOR shall maintain Workers' Ccmpensa.tion Insurance and otherwise comply with a.11 of the provisions of the Workers' Compensation and Safety Acts of the State of California, the applicable provisions of Divisions 11 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable rind shall furnish to CITY a certificate of Workers' Compensation Insurance evidencing such compliance. The insurer shall furnish to CITY a certificate of Workers' Compensa- tion Insurance. The provider of insurance shall not cancel or modify any such policy so provided without thirty (30) days' prior written notice to CITY. CONTRACTOR shall further require all subcontractors to similarly provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall. furnish a certifi- cate of waiver of subrogation under the terms, of the workers' compensation insurance, and CONTRACTOR shall similarly require ill subcontractors to waive subrogation. CONTRACTOR's Workers' Compensa�ion Insurance shall be in firms and underwritten by insurance companies satisfactory to CITY. SGi.d insurance shall remain in force until the work under this contract is fully completed and accepted by CITY. Said insurance shall not derogate from the provisions for i.ndFmnificat:ion of CITY by CONTRACTOR under section 24 of this contract. CONTRACTOR shall, notwithstanding nor dimi.ni E".iing the foregoing obligations, subscribe 16 for and maintain in full force and effect during the life of this contract a workers' compensation liability policy, iri accordance with the I rkers' Compensation Act of the State of California, of not less than one hundred thousand dollars ($100,000). 26. INSURANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance cumpanies satis- factory to CITY for: all operations, ;subcontract wark, contractual obligations, product or completed operation, all owner vehicles and non -owned vehicles. Said insurance coverage obtained by the CONTRACTOR shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as additional Insureds on said poljcits. CONTRACTOR shall require its :insurer to waive its subrogation rights against: CITY and agrees to provide certificates evidenoing the same. Before CONTRACTOR perforins any wort~ at, or prepares or delivers materials to the site of construction, CONTRACTOR ::hall furnish to CITY certificates of insutt,anc:e subject to approval of the City Attorney evidencing the foreg,'ng insurance coverages and such certificates shall provide the name and policy number of each cavrier � and policy and that the insurance is in force and will not be can- celled without thirty (30) days' written notice to CITY. CONTRACTOR 4 sha1.3_ maintain a1.:1. of the foreoinE; insurance ccverages in force until. the work under this contract .is fully completed and accepted by CITY. The requirement for, carrying the foregoing insurance shall_ not derogate from the provisions for indemnification of CITY by CONTRACTOR under Fection 211 of this contract. Not;wit.hstandtng or diminishing 1.ie obligations of CONTRACTOR with respect to the .foregoing, CONTRACTOR shall subscribe for and real►stain in full. force and effect; during the life of this contract the fcllotiring insurance amounts: not Jess than three hundred thousand dollars (a300,000) combined sing}.e Jimi t coverage for Items A and B. A. Bodily Injury !,Aabil i,ty and Automolrive Bodily Injury I,iabil i ty (including non - ownership and hired gars) • • B. Property Damal,e F,iabt.l it,y and Automotive Property Damage I,iabiI ity CITY or its representatives shall at al.l tines have the right to demand the original or a copy of all said pol.i,ciea of insurance. CONTRACTOR shal_]. pay the premiums on al.] insurance here- inabove required. 27. DEFAJLT AND TERMINATION If COITPRACTOR falls or refuses to prosecute the Work with diligence, or• fail s to complete the work within the tolme speeii'iecf, or is adjudged a bankrupt, ar makes an assignment for the benefit of creditors., or becomes Insolvent, or violates any provision of the Contract Documents, CITE` n-ay give notice it, n tilri-ing of its intention to terininatG the contract. Unless the violation is cured within ten (1.0) days after said notice of intention has been served on CONTRACTOR, CITY may terminate this agreement upon the expiration of that time. 28. DISPOSITION OF PLANS, E"TIMATFS AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier ter,nincttion of this agreement, all. original drawings, reports, calculations, maps and other docu- merits , pertaining; to said contract, shall be delivered ;o CITY and become its sol.c property at no further cost. 29. DISSAT TSrAr,`I'IOI7 t;ITRi PERFORMANCE In the event th'.it CITY is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in section 2'1 are followed, CITY may elect to assume ccm,plete control over PROJECT. 30. NON-AS,SIGNAMLI`I`Y ' No assignment or delegation by the CON""ACTOR of this contract or any part hereof, or of funds to be received hereunder, will be recognized by CITY unless -such assignrr;er." ,)r delegation has had prior, written approval of consent of CITY and the surety. ;,.. CITY F �, ILOYr4:;� CONTRACTOR shall empl oy nc rPE;ul a r einpl oyee of CITY in .the work performed pur uant to this contract. 32. A` fORi:FYS' :'I tS If any action at law or -,in equity is necessary to enforce or interpret the terms of' this acreement, the prevailing part;; shall. _i}� r be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which lie may be entitled. If any action is brougi, against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names CITY as a party to said action, or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorneys' fees, costs and necessary disburse- ments arising out of the processing of Stop Notices or Notices to Withhold or any similar legal document arising out of the perform- ance of this agreement. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. 33. FEDERAL PARTICIPATION The PROJECT to which the work covered by this contract Is being assisted by the United States of America and the following Contract Provisions are included in this contract pursuant to the provisions applicable to such Federal assistance. As Federal funds are financing all or Fart of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply. 34. DAVIS--BACON ACT CONTRACTOR agrees to pay and to require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal 'to -the prevailing rate of ? r diem wages as determined by the ,.': - 2 Secretary of Labor In accordance with the Davis --Bacon Act for each craft or type of worker needed to perform the contract. A copy of applicable federal labor standards provisions which are to be complied with are attached hereto, marked Exhibit "B" and incorpo- rated herein by this reference. Handicapped persons are included. 3:,. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant r employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall comply with Section 111, 1968 Housing and Community Development Block Grant, Section 20, amended. CONTRACTOR shall take affirm- ative steps to hire local qualified minority individuals when job opportunities occur, and utilize local business firms when possible. CONTRACTOR shall document his efforts to comply with Section III,and transmit his documentation to the DPW during the course of construction and will submit a final report at,the completion of the job. CONTRACTOR shall insure that all aliens employed on the PROJECT are in possession of an alien work card. 36. EQUAL EMPLOYrIEN7 OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 112116, entitled "Equal Employmont Onrortunity," c ameride - by Executive Order 11375, and as supplemented In Department of ' Labor regulations (1l 1CFR Part, 6o), The CONTRACTOR is required to have an affirmative action plan which declares that it does riot discriminate on the basis of race, color, religion, creed, national origin, sex and age to ensure equality of opportunity In all aspects of employment. Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination because of handicap and requires affirrmativ►e action to employ and advance in employment qualified handi.apped workers. Section 402 of the Vietnam Era Veteran8l Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to comply and advan: e in employment (1; qualified Vietnam veterans during the first four years after their discharge and (2) qualified disabled reterans throughout their working, life if they have a 30 percent or rr)re disability. To assure compliance with the requirement, the CONTRACTOR shall provide the CITY his written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY a listing; of his subcontractors together with a completed affirmative action program from each subcontractor when applicable. 37. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and :its subcontractors shall comply with the provisions of ttre Copeland "Anti -Kickback" Act, as supplemented in Department; of Labor regulations, which Act provides that each shall be }prohibited from inducin6, by any means, .any person employed in - 22 -- the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 38. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the previsions of Sections 1.03 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented ',�y Department of Labor regula- tions (29 CFR, Part 5). Under'Scction 103 of the Act, each CONTRACTOR shall be required to compute the wages of et.ery mechanic and laborer on the tasis of a standard workday of 8 hours and a standard workweek cf 40 hours. Work In excess of the standard work- day or workweek is permissible provided that.: the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of B hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall, be required to work in surroundings or under working; conditions which are unsanitary, hazardous, or, dangerous to his health and safety as determined under construction, safety and health standards promulbated by the SecretGry 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. 39. Ir4PL•ENENTATION OF CLEAN AIR ACT AND FEDERAL WATER oOLLUT 014 CONTROL ACT (a) CONTRACTOR st3pulateo that: any facility to be utilized in the performan;e of this contract Is not listed, on the 23 .. date of Contract award, on the United States Environmental Protection Agency, (EPA) List of Violating Facilities Pursuart to 4o C.I.R. 15.20. (b) The CONTRACTOR agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal. Water Pollution Control Act and all regulation.:, and guidelines listed thereunder. (e ) The CONTRACTOR shall promptly notify the City of H-antington Beach of the rece'_pt of any communication from the Director, Office of Federal Act:ivitieb, EPA, indicating that a f«cility to be utilized for the Contract -is under consideration to be listed on the EPA List of Violating Facilities. (d) The C014TRACTOR agrees to include or cause to be included the requirements of paragraphs (a) through (d) of this section in every nonexempt :subcontract, and further agrees to take such action as the Government: may direct as a means of enforcing such requirements. 40. ENERGY CONSERVATION Contracts with Federal participation shall recognize mandatory standards and policies relating to energy efficiency which ave contained in the State energy conservation plart issued In compliance with the Erergy Policy and Conservation Act (P.L. 94-163). 4 1 . STATE CONTRACT ACT The Improvement contemplated :n the performance of this contrast Is a f,'ederal Aid Urban (FAtJ) Jmprovement over which - 214 the State of California shall exercise general supervision; and the State of California shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern. 42. ENTIRETY The foregoing represents the entire agreement between the parties. IN WITNESS WHEREOF, the psrties hereto have caused this igreemert to be execrated by and through their authorized officers the day, month and ,year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation ATTEST: By _4�_4 Mayor - City Clerk /61,121S.2- APPROVED AS TO FORM: REVIEWED AND APPROVED: l , C i y At t o C y A min str for I "'TIATED AND APVOVED : CONTRACTOR: ��•, �� D . G . CONCRETE CONSTRUCTION CO. (/�..•r��/� Director, Public W or cs '1q , _ _# ... , . _ 25- •� . EXHIBIT "A1l to CC-562s dated 1982, by and between the City .:of Hunfiint B h d D. G. Cone ate Con, ction Co . BID PROPOSAL FROM ..Q�StC�: Firim Norm To the Hononble h%yor and City Council, City of Huntington Beach; California: In compliance with the notice inviting sealed proposals fog the construction of the 1.3th Street Storm Drain — Phase I and II in the City of iiuntington Beach, California. CC-562 I hereby propose and agree to enter into a contract to perform the work herein, described and to furnish the materials therefore according to the plant, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who Goes not sue the facilities of or accept bids from or through such bid depositors. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in piece in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM NO, APPROXIMATE QUANTITY ITEM WITiI UNIT PRICE . WAI T7 EN IN ViOnDS UNIT PRICE TOTAL. 1. 2093 LF 90" RCP (1500D) @ I.A/.M4 1Install. per LF. 70 2. 150 LF jack 90" RCP (2000D) @.•�"�.G,r¢�.J _ /f LAA i �X �� Qt r u_ per L F . 3. 695 LF Tnotall 84 " RCP (1200D) @ PA-' C Per LF. p ///,Zoe 4. I 45 LF Inst:al.l 36 " RCP (1250D) @ fin" V f 41,� _ a _ per LF. ! l 7*0 . 4 LF Tnstall 30 RCP (1500D) M4 per LF. 1:XIMI".' "A" �w.w.rw...�..r ' I PfaN 1VC�. A�'!'ItQXIMATE C1Uiwnyy 17Efi11l"TH'Up 171►l,ICE WlITTIN IN No"Ce UNIT NRI�& .TOTAL 6. 20 LF Install 27" RCP (1250D) @ t A�a.. per LF. 7. 115 LF 24" RCP (1500D) e �I/nstall�l__ per LF. � B-TO 8. 55 'LF Install i8" RCP (2250D) Q v per LF 70 9. 250 LF Install 18 " RCP (1500D) Q ... e do f/s.-rr per LF. ihQ 10. Lump Sum Trench Shoring Q per lump a� 11. 28 LF Relay Existinng18" RCP Q t��tr�' 1 _ _C"&*_+ pear LF. % 00 47* 0 1.2. 30 LF Remove & Replace Existing Chain Link Fence Q 67WY A&*&.� per LF. 13. 30 LF Install Temporary Chain Link Fence per LF. r�D 04J 14. 805 Si Remove & Replace 4" PCC Sidewalk {d Per. SF. 15. 23 EA Remove Existing Grated Basin @ r w.....' p-z — 1 ITEM AA'MC►XM"TEi QUA#MTY ITEM MMTH UNIT PRICE WRITTEN IN WOIRDR UNIT VAI;rr TOTALNO. 16. 25 EA Construct Catch Basin 301 @X IDS W4f per EA. OR/0 0 17. 7 EA Construct Junction, Structure 304 @ �I 'dtti.'I `7-A "t*a,.4.-•--Af-- �__ �. eg per •EA . 18. 16 EA Construct Junction Structure 325 Detailed @�°14r40 A. 19. 9 EA Construct PCC Collar 324 @ 1' - 4�- ,r.,e_.. per EA. Construct Brick/Mortar Bulkhead @ lT 3/sc 20. 8 EA per EA. �r 21. 1 EA Desil.tatioon Structure @ V.Yonstruct Per EA. iw4pd [�1JD[1 22. TES Construct Beach Outlet Structure @ Lump Sum G+ d Do r , 'd� V&'b 23. 1 EP. Install Outlet Protection Barrier @ �ts�e-G�ia� per EA. 24. 340 SF Install. & Remove 2" AC Over Native Temporary Bike Path @ P/ Per SF. 41 25.E 75,000 SF Construct I" Asphalt Concrete Overlay '�• '1�-' tM1.� � ' _-- Per . S F . ;���` p l o. �%V x' 'ITEM, APPROXIMATE ITEM MNTH UNIT PRICE UNIT TOTAL NO. OUAF TY WRITTEN IN WOR04 PRICE 26. '9 EA Adjust Grade �� EA. d � u t to G 3e @ ry���i�,--p 27. 155 LF Replace Street Lighting Conduit and Conductor @ _ it/�oer I,F . �� f Lf�.a Tota Bid in W rds ' Total Bid (Figure: $8136 1 A AN �. P14— 3, P14— 3, • !t a understood under And agreed the approximate quantities shown in the f�►ing proposal schedule are snlel� for t the purpose of fa ng the Cor son of bids and -that the,contractar's compelMinn will be computed upon the basis of the actual quantities in the completed wo.k, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned unaerstands'tho contract tim3 limit allotted for the contract is 180 calendar _days, if awirded the contract, the undersigned hereby agrees'to sign; said contract and furnish the necmry bondt'within ten (10) days,cf the sword of said contract, and to begin work within ten (IM days from tho date of approval of the can. tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusiva evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be periorrned, the quantities of riaaterials to be furnished, and as to the requirements of the proposal,,pinns, specifications, and the contract. Accompanying this proposal is _. jdd 0A f R O ti.r& (S I o 70 j. NOTICE: insert the words "Cash," "Certified Check," or "Bidder's Bond." as the case may be, in an amount equal to at least 10 percent of the total bid price, payable is the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it sholi be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form sat forth in the specifications and contract document, of the City, with surety satisfactory to the City within 10 days after the bidder has recei+red written notice of the award of the contract: otherwise said security shall ire returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. t 1 J N Y 7 Y�=4 --40- dk..4 — — � 847 Signature or HI x Business Address Plaice of Residence g kk,. ! Dated this 21 day of j,t t Bidder shall signify receipt of all Addenda here, if any: Addendum No, Date Received Bidder's Signature P-3 nopgLE-9— INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached If necessary. 1. Firm Name: S) • e-0 • (! T.rse it- Z Address, [ t'� e4 �.5,) YO—A-) � 3. Telephone �•�-� � '� ` g" ' 4. Type of firm -- individual, partnership, or corporation: - e0a goig a f a sv S. Corporation organized under the laws of the State of -mod try i ► 6. Contractor's License Number: 1:2 2!1 9 9 Classification of Contractor's License N_.____ T. List the names and addresses of till members of the firm or names and titles of all officers of the corporation: S. Number of years experience as a contractor in construction work: 9. List at feast six projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) N + r 1� I• � r A � tr MT FP, I Fa k 1� * l r I R • r� i �f .• �. IMP. � r 10. List the name of the person who Inspected the site of the proposed work for your firm: Date of Inspection 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and raferances sufficiently comprehensive to permit an appraisal of his current financial condition. '-TZTIITM3D PA Iris HOME OFFICE, TACOMA, WASHINGTON 'its lr-rrirp i:,lrgnt f�v ter ' 5u1.ci t'.o, tJ�t3 93 29 f:rri it it '.•' is I:"1 BIG f3oNa APPROVED BY THE AMERiCAN INSTITUTE (IF ARCHITECTS DOCUMENT NO. A-310 (I'M 1970 ED.I KNOW ALL MEN BY THESE PRESENTS, that we D. G. CONCRET). COUSTFUCTTO,i CO. 850 Colorado Boulevard, Los Angeles, CA 900►41 as Princiva I, hereinafter ca I led ttie Prtnc loaI, and the UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, a corporation uuly organized under the laws of the State of Wast ington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF It17i1TT:I GTQ111 BEACH as Oblige, hereinafter called the Obligee, in the sum oI ,_, I' lit PER(.t.I,: OF lic. TOTAL At;0URT cr TH£ BID----------------------------- __--_------ Do.iars fS------- 10�:__-_------- i. for the payment of Which sure well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, succewrs and assigns, jointly ar.d severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CC;I 5TRUC'TIO.N' OF 13th STRUT STORII DRAIII, P11AS£S I A:41D II a NOW. THEREFORE, if the Obligee shalt accept the bid of the Principal and the Principal snail enter into a Contract with the Obltgee to accordance with the terins of such bid, and give such Lond or bonds as may be specified in the bidding or, Contract DocumEmis with good ,and sufficient surety for the faithful performance of such Contract and for the prolnot payment of labor and material fur- nished in the prosecution thereof. or in the evE.lt of the failurF Of the Princip•1I to enter such Contract and give such bond or bonds, if the Principal shall pay `o the Obligee the �Allerence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for v hirh the Obligee may in good faith contract ,vith another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to retn3in In full force and effec(. ;�>tJtii ni C<3iIfC?rni� J ! sa County of y On __._...._.August _`._S.__._.._ t`)E'.?_.. t):furc, rne, the; t.:nders,;gnt:d, d Nwit'y Pu;il+r. in ar:d for sxd County, tu'ru)naliy ifi'l't'iir+ l �_ .Y til�iCi�Il�i alp-' 11 r i rlfr,'i!' It') in.., to be tlo; perwn Y.-dpolr.' r'.iniv Is .t'1J:4rtw,d to I'1t' within snstrtirron-, as Alln'iwi -ti-Uact C3, 1W.."ITl 0 PAr.i; 1C ird:,tlltti� Ci - CO3.A4ANY, ar)(.t tt7 r1111. Plat _ h+= -,ut)s.:rtht+d the 11,}rr,:, of CIN,0 Ef) P*ACIFIC Q4�;(JRANC,C ;�OMP.ANY, as Surety, :,nd h er ovin nione as attt:rney•ir� F=art. sNMoititswarrrM�+wrr0aw g04&ff ft**ft MAWc-17A JEINKIN5 6I1Sw,AL Off tOt ►• �►� tUS�•L�>,tSCKIJr��r � A.'y 1, ► ,t tKptp,r�dvon UP Mr+ 13, lrittil t 1R .ttirtrnerw+r,�.wirrrN►wr�tevr+rw�rp+r�7rlr.�A ... !tfIP FA 3,71 WA I, of 7 r-0, 1w klr; ;:t t' fit } ' N 1 ` -TISTITED p•A.CI71C TX8 Tn A.XCE COW-l"AINTIr HOME OFFICE, TACOMA. WASHINWON •"rt,. !'rrnir.n t�,lr�nt r•r tt+K U113 93 29 ln7M! i! isr!N'l in lbal Arcs BID BOND Build NO •a lire A.n-II U (:orb" APPROVEC)BY THE A.VFRICAN 1NSTITU7E fir ARCHITECTS AA,A, DOCUMENT NO. A•310 (CF8. 1970 C-DJ KNOW ALL- MEN BY THESE PRESENTS, that we D. G. CONCRETE CO;1STi?UCTION CO. 850 Colorado Boulevard, Los Angeles, CA 900141 as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURArgCE COMPANY of Tacoma. Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY QF HUaITTkNGTOIy BEACH as Obligee, hereinafter called the Obligee, in the sum of �� FI, _ r� ERC_.TI.„ t OF THET.. l AL A!rOWIT OF THE BID --_____________________________________ ------ Dollars (S ------- gps,_---_---_-_ ), for the oayment of which sum Weil and truly to be made, the said Principal and tt ie said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CO;: a T RA UCTIO OF 1 � th STREET STORM DRAIII, PHASES I AlfD TJr NOW, THEREFORE if the Obligee shall accept the bid t)f the Pr,nciprll and the Principal shall enter into a Contract with the Obligee In accordance with terms of such bid, and give, such bond or bonds as may be specified In the bidding or Contract Documents :with good and sufficient surety for the faithful performance of sucti Contract and for the prompt payment of tabor and material fur- nished in the prosecution thereof, or in the event of the failure o, the Pr incioal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to ex :eed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by sa:,' bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and seated this 25th day of August A.D. 19 d' G. CO'rrCRETE COiI�CTRUCTIL'Il CO. (Wifneul l7iNr�l • r .r�' UNITED PACIFJt INSURANCE COMP.I(NY,,• `" Yjal,-ha � . Clia:tQ, At:�:nrney i.n�Frlc 130E-7.,05 Ed. I0-73 ;,EXHIBIT 111311to C n2 s of Huntington HeaL�!' and t. AAP>`,1CA131L1TY dated i by and between the City D. G•' aanr•rete Ccnsti�.tion Co. U.S.0EPARTMENT OF HOUSING AND UARAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS HUD-Im tli-Gal The Imicet or I'o,fram to which tit(, work mvrrr,tl by this Contract pertains 6 (Ming arnittuti by the United St:ter of ArnerirA and Ill(.- fnik)lving; FMICr,I LAWr Stsridartls ProviAions are included in this Contract pursuant to the y4oviKions ap- plicable to such E edRsal xmiAxom Z. MIMMUM WAGE RATES FOR L.A13ORERS AND MECHANICS All lAi.orer9 and n,rchnnicst emplo:)ved ulron the work Covered by this Contract shrill he ltsid urtcunditKinally And not lem often titan orwe rW.Il wink, Anil without subaeilurnt tlrflueti m or rebate tin any account (excel►t Fuch payroll dedurtiunP an s".. mark mandatory ley law and much other payro:1 4lcductionm As art pt-nnitlrtl by the applicable reg;ulatinns irrlurd uy the ..v=-aary of lAbOr, Unitrtl SIAlrA I)rlurtment of I.Al►elr, pttrmtlant to the Attfi Kichhark Art hereim(ter identified), the full Atnt►untA ffuc Ad tittle of t)A)•nlcnt computed at wAg a rate, not irrw Ilion tl►owr cuntainrd in the Ntgr tlriermination dccimion of PAW Seerr.la y of I.xitor (a ropy ofwhich it-, attaehrd And herein irtrnrl► -crated by retrrenee), regardlem of anv rontrartual re- lAtiorrJtip which may be. Allrg;rd to e,xwt fw.tween tilt- Contrarfur tar any tubct►ntractor still ouch lalx)rrrs and mechnnirs. All Ld,brm and trwrlLanirrt rrnpksyrtl ulo)rt aurh work (;hall br paid in ra.'411, except (list plivnitrlt may he by check if the employet plrorides or me:rire+ mlinf artory fariliti" Appruvrrl by the IA)rnl Publir Agenr.y of l'+ihltc Ilody for the ca.41ing of tile marne without coo or rotlwirrrt In tllc rrnit(oyee. For tier purIK)pw. of tbir Astor, contrihu'ions tittle or coats remmahly anticipa • I utwirr ,Se.ttion I (b) (2) of the; Dxvi+liacon Art nn hrhalf of Irliniterv, or me.-chaniCA are considered wagra paid to much Isln►rere of tnccltankm, mulled to tiff. pmvimimlo of Srction r.;>(n)( I )(iv) of Tillr 29, Goole of federal Regulations. Also for the Illfg1)ar of titia Cla+cw" regAllm duntributit►nri made or coAtm it►currrel for tnnrr than a wrekly I"rind urflrr plasm, fund.4, or plut;;ants, but ouvaing the liarticul:tr weakly l►eriod, are, rlrr.rned to he constructively made tat i icurred during such weekly period. 3. UNUERPAYMkN7ti OF WAGES OR SALARIES In f.:srs of Url11r•r1►71'n►rnl of wtgra by li►r. Contractor or If), any altbr,rtltrarlur to IsloorerF or merhanitx rtnployrrl ill lire Clfnttxctor or Rubcat.lr;rrtr,r tiltem thr work rovrteff If), this, 6)ntrart, [lie Local Public Avenry or l'itblic flt)rly iti r,tlditiun to *such other rightm as fir-y irc aff,mird it antler lhb% f xmIrarl -Imll willihobl front tiff, Ceintractor, out of any payments due tile. 0intrartnr, Ro rnuch thrtrOl' an the larxl Pnl►lic Arrney fir i'nblir holly trey com-i+lrr ncr•tmAry in pay Fctrll lal,l)rrn or mmilareim tile.. (loll amtnrut (if wrigem rrrluircef by thim (; mtract. The tt,nt►unt w, w•iti►Iteltl rtlay i,e• dial+ur►rd by the. I,e)rsl Psib• lie.Arrnry or Ptrl+tir Body, for still oft acootint of thr Cnitirnrlor fir file m ilirnnttaclor (Ra tray for si►ixrtl)riate.), it) thy rrMlfcc• l►ve lAxorriv or trtrcitiOiicR Ili wlwmi (fee' Kaffir tri fitte or oil Ihctr behalf it) platlN, ftrntl,', or pn►grarTta fl)t any tyl,C of frltIV hanefil preitrribrd in late nl,plicablr, wehr. tfr.trtntitletiun. 4. AMICIPATU) CO:U'S OF FRINGE 11E:NC UIS I( (he. 0111trartur eir•rF nut rtlake ItaymrnlR 10) a ltu•Irr " iffirr third p-tw,tt, hp n►at ct,nrirlrr Rt• hart of life wA{;rp of sloy laborer ter tltrritanir lite amount of any coctm trav►rnitly ,,nliril,alyd in ltn►vidtfte billgr lient•(il+ undrr ;t ltlwn r;r program Of a lylw rKItrrr:Jy futlyd in life.. wal:r rfrtrrminntion dervion id life Secretary of LAIM,r .Ilirb i` a part of thiA 0111trart. Prfrvi,lyd, hijivertrr, Tlir Srrrulary of I,alwtr ha- ff,unel, ulp4ln the. l.rilirrf rr•lorrt (if the Contractor, that ihr appliral►Ir •find• arrlm +i(fltr Davis1lacon Art i13sC brrlo ntrt. The Se'rrrtary of i.ah.)t may require lire (; m1ractur to Frt a -isle in a trltrirafe scesount ameln (tit thr mrrling Of trhl:g;slionR timirr lite pinto cr ltrngram. A cop), e)f any findino mafir by lilt- Sertetary of ladn►r in rrA1we'l it► fringe hrgrfitrt bring; provided by lite (;Seim( .for rnumt be mttbrnittrtl to Ili-LiPrsl Public Agrnvy or 1'ul)lle [Jody with file firth pytoll filed fry the 0mltar:lor muhscilurrtt In wript u( rite finding((. HUD-3200 S. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK FOURS STANDARDS ACT (76 Sm. 357.360; Ette 40 U.S.C., Sections 327-33«) (a) ' Overltrne requirententx, No Contractor or subcontravior cnntracting for any limit of the Contract work which may require or involve the employment of laltorerb or n,rchanica, including watchmen anti pards, altall require or p l.rmit any lidjurer ar mechanic in any workwerk in which he it rrnployed on torch Mork to work in excem of 11 huum in all)- calendar day or „ in eieenq of 40 haunt in ru►'ir r,orkwcek unlem t-twh laborer or mechanic receivee eompritrtttion at a rate not lem than one and rose -half times his basic rate of pay for all hours worked in exccm of 11 hours in any calr.ntlar day or in excem of a hollm in such work wcck, art the caw ruby be, ' (h) Violatinu; liability fur unpaid Ord; liquidalcil darttagrs. In tite event of any violaGin of the clause wet forth in paragraph (a), thr Con,lr;.rtor and any nubconlravlor rrsp►ctnbiblc tlirrr.for shall bt: liable to any afferted employee for hth ut►• [raid wager,. In a:idilion, Much (,ontr3etor antl Nubu►nlraclot Fhall be liable to the. Ilnilcd Stato r, fur litluidated damages. ;Uclt liquidated darnageb shall be cornpuled with ret,pecl to each individual laborrr or tnrr.hNnie employed in violation of tile., clause act forth in paragraph (it), in the hrtttt t f 110 for rar.lt ralcndar day on Which such c»tpluyrr. ►.ub required or perr,titted to work in excem of 11 hours or in excevi of file .,ivndard workwerk of -10 hourx without paytnrnr of the.. C.'ertirne vvagcs requited by the cfatibe bet forth in para{ raph (a). (r) Withholtlinl; for lirluidatcd darnnges. The Lnca) I'ublic Agency or Public, Body shall withhold or caufAt to tic with, held, front any ntune) a pay,dtle on aecounl of work performed by the Gmtrtclor or subrontrt,rtur, Much wur:ts as ntay atlrnin- istratively he. drtrrntinrd to be.: neccnKary to mlittfy any liabililirs of Muth (; )ntructor or eul,cuntrartor for liquidated damager as pruvidt-d in the clau-t _•e:t forth lit paragraph (b), (d) • Sitl.ct- ►nltact n. Contractor Kltall irtFrrl in ally Mubconlrar.tM ll!r rlmcr.M ort forth in I-urafrapl►b (a), (it), and (r) of ihis'Sectinu and alt., a clause rrquiritig Ilse hidwotit rartors to ittclodr tht►e clattwh lit :an), Ittwrr firs subrontracfa whiJI titev may cotrr into, together with a clause retluimig thin its crtion in arty further but►urntracki that may in tutit lie made. 6, DIPLOYMENT OF AMIRENT10ES Apprrnticrb will I►e permitter) to l►crfortn work covered by this C:onlract only' under a bnna fides apprcntiLt-J-.ip pn,l;rant ►ugi,stered trith a State Alg,re-riticehi:ill Agency which in recognised It)- lhr lturews of Alilimn6crthip and 'i'rsininh, ilnited Stales Delozrlinent of I.abor, or, if no sorb recogn:xrrl Agrory rxirtt in a 5tnte, under a program rr,p;inlcred with (lie Bureau of Aplimntir-celtip and Training. 'i'Itr- allo►vublc rutict of uppvtnlice:a to journeymen in any craft rlx,Mifiration shall not he greater lh+n the ratio pCrmiiled to tile: Gmtraclur us to him entire work force under the regiblered prt,pim. Ally Crnploycr lit;trd on a payroll at an aitprentice wage fair., ►,ho in not regiAtert:tf s.A tth)vc,'sltall lie paid the wage rate determined by the Secretary of 1,21jor, United Slates Department of fal►or, for the clarttification of work he actually perforined, The Gmtrac!or or vulwon- trartur rh'all furnish the l.o,tn) i'ottlic Agency or i'ublic fludy ►.ith ►►rilletl rv:dcnce of the rrgintration of his, ltntgram and all. pr rtticra, as well as of the appropriate ration and wake rater► fur tilt: area of construction, pr►t,r lu using arty apprenticrs on the contract work. 7. DIPLOYMENT OF CERTAIN PERSONS PR0111I11T1~b No perbon under Ilic4pt: of &i%teeri yearn oral no perwit trho, st tl►c time, its arrving Fr.nlrtn:e in a pens} or correctional inalituliun ehadl 1,e employed on the Motk cukcreri by this Contract. S. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKOACK ACT' The Gintrac.tor shall comply with the applicabir regulatmr:e'(a eol►y of %hick is atlacltrd and heroin irtcnrl►orated by 'refert?ttcc) of tilt .Srerr_tary of f,t►b+tr, 11nited Stair.a 1)eprilrrte nt of i.alx►r, made- ppnuanl to ti►e rat -called "An;i-Kickberk ,act" o1 June 1..1, 1934 (411 Slat. 941); 6'21 Slat. 062; Title 11113.5.t:,, Se6i 7n 074: and 'i'ilte 41) 1f,5.C., St:tticm 276cj, and any r-mend rttvids or motlifir stions lhcrrof, Fhall cauwc npprupriatt provittvttt: to be., irtncrted in su1mr."Irsc!r'tu insure.. cr�mplirart Ittcrcwilh -2, • WUD•3�'M (0-691 by ail ,uhrontracior� suhjrct therelrr, rind shall lac responsible for the submitwion of affidavits required by bubr*ntractors there• uttder, excrl)l as mill grrrctary of lalKrr may specifirally providC for rett unable limitations, variationb, tolerance6, and c%ernp- lions frotn the rrquiremmis thereof. 9. EMPIAWMENT OF t.A110RERS OR htECNANiC.S NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any rlasec of l:►bt>rrr• tat rnW► I►anirs whine is not listrd in Cite w4ge determination and ullirh is to be employed under thr. Contract will lie cla,�.cifivtl or reclase-ifir.d conformably to the wake drtrrmination by (he i m.il Public Agener.• or Public Body, and a rgort of lite action taken shall lie sulnnittcd by like. l.c►cal Publir. Agenr•y or Public 11oti')•, thniug)) the Serre.tar•v of I'ousion ant) uriaan ncvri, ipmrnt. to thr , t•t rrlary of i,ahor, I lnitr!l States Depar•1n►rttl of i.nl►or. In the event the interrsted ltarttrR cannot agrre oil the pmpe.r clan,ificatiott or rr 1mi;ifiention of a p a-tirnlar clay of laborert. and rnechanirc to I..e u•cd. lire tine•tion arr.ompar►ird by late revornrnnuiiatiun of file Local Public rlgenry of Public. Body shall Ix! referred, through the yrcrrtrn• of llou5ing mid (Irban Dr.velopmew., to the Serrctar) of l.alm for final (Irterrnir,ation. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RAMS Thr i.►cal Public :1grnry ter Public Ilorly shall rrrluire. ►t•irrtrrvrr the tnnn►um wage. rite prerrribed in thr Contract for a cla.,� of lahorevs t►r n►crhumcs mcludrs a fringe briwfil H'16+ h it-o, tiot ril►rrrM d a,� an houtl) wi4;v rate and the Contractor is ul►ligmi-d to i►a)- rash rtlttivalrnt'of sttcb a fringe bcnrfil, an limirly t•aah etluivalent thrrtuf to lee estaldi-.hrd. In tilt- event tilt mirre•-ted p,trtirs rat►not agrr'c, ulturi a rash tvluivalrrtl of tile, fringe. brorfit, the tlurstior►,.trrnrnpanivd by tht- revornmenda- Item sil Ihr Local Pubh,: Agency tar Pni►lir Body, shall lie referral. ihrt►tigh tilt Srrtetm), of I lousirti; attd (Irhan Development, to lltr .;;,,rrelar) of (.al,4)r for dclrrn►inatimi. I I. POS` M; WAGE I)l:"i`ERMINAT10N DECISiO,NS AND AUTiIORIZED WAGE DEDUCTION'S I hr ;tl,l,lieande w,t;rt it. -Orr of the �rcv-(;try of I.alNrr, Ilnilr•d Stales i epartrttent of I abor, and the applicable wale tic. trrinmation 411'A�inn< t,f s+►id ,ti,-rrulur) of i,ahr►r willt rrul►ect it) the vnrio►ta t ltitsifiratic,nr, of Laborers and merhanire, employed arnl to be rrttltlr))rtl n1«►n the wt►rh cl;verttl b► thik 0itttrarl, anti a t•tnit•n►enl showing all dcductinnrl, if anv, in arrordat►rr whit tilt, I-rsit,immit;, of lhii Cmilrart, to br rnntle from ►%agrp artuall) earned It)- pcn.>n5 wa vmplov--tr. or to be employed in qn•h rlassifications, shall lit. ix►strrl at appropriate compictr,ru5 points at the silt of lite wori.. 12. COMPLAINTS, PROCEEDINGS, Oil TIST1Mow BY ESIPLOYEES Nei laborer or mrr•li mir to whom tits cage, mlar}•, or sillier lul or statnlard" pri%%isinntt of this Contract are apldiral►ie wball be di -charged or tit ate) othrr mamivr di scrirnir;ated apir►sl by the. Contractor or any rmbrontractor lserattr.- such rm- idutre ba• filyd arty t on►itlaint ter inslitulyd nr cauN•tl to br int,lil►rtrd fin). prorrerling or has trt`tifird or is about to testify in any prncerdinn under or relating to the labor standards applicable under this Contract to bis employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGi; RATiS Claims and di>;l►utrs pertrruting, to w►rgr rates or to rlasmificntiats of lal►t►rem and mreltanim employed upon the work rovrrrd Icy thiei 0mIract sl►all be prumptl) reported by the, Contractor in writing to the Lore) Public ;Agency or PlIblie litany for referral by cite latter through like Sertrory of doming and Urban Development to the Sem-tary of Lalu►r, [united States DepartrnGnt of labor, whose. dreisiun ►l►wil he final with rettprct thereto. 14. 'QUFSPONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All yucstinna ari;ing tender Ibia t mirart whirb rrIbIt.- in the apl►liratinn r►r inter ifr.omion of (a) the afoteu ' Anti. Kickbark Art, (h) ti►e 0milrart Wotk 11011r+ 5tAndardh Act, (c) the r►forrF4 41 Dmis,41-4rnn Art, (d) the rcl~ulalions issued by Cite Srctt Lary of Labor. (Inited States Debarment of lAiwr, pursuont to "id Ante, a (e) the dahor blanduds provisions of any HUD•3200 la.t•�r . allt:_r perlinrnc I-',:+i+•ral Ftatutu. shall be reftvreol, thruul;ll tits I,t►l-al 1'uhlit: Agenry or Public Itudy and tlit: ;let r• of !louniir(~ and Iirhan I lei+ Iolsntenl, fit tltc ticcr+•lary of Labor, I Inited titan, I il-partmesit if Labor, for raid Srcr,•t.lrN'- alspro. prime ruling or ir.terprl-ldtiols t.hi►:h -Hall by .:uthuritati►r and may Ili- relied u1mm fur tl►c Imrl+oics lot Il,i, (;tu►tract. IS, PAYROL S AND ifASIC PAYROLL RECORDS or. CONTRACTOR AND SUIICONTRACTO11S 'rhe (Amlraelt . and eaell yuht•outraclor i-ball (sn•lsary hi,. l►ry rtillt, im form, ,•ati,farlory 10 an►I in arcurtlaimr with iu• 4nit•t"1113 to be fur►m5hed k lhr IAWItl V11111u' AglIk'ti ur hil►lir Ilutly. 1 he IA1114.►t (+tr 41.111 :•uhrrrit ►tee),ly to till- IAptA ('nil• lie or I'nblie Ittol., lux) rrrlilirtl tultir, of all 1►ayrt1I11, ill' Ilic t:molractur mull if Ihr ,trhrur►tr:►rlur,. it !►ring ood••r•.ltmd that like i:t►tttractur rhall he r• "l+un-ll,l, it,[ illy ,ubmi„hion of ceopich lot pal rr,ll, of all , nhconlrat tor,. P:arh ,t+rb I►rt roll 01 "bill contain 1111. •'Wvt,UI titalt•nlent of I. ,1111-11.ult e,l s.1•1 forth in tirrti+►n :i.:I of 'filh 21), (:u►!t oil 1'rilerri (irgulatiut►,. The l,a►•r-t►lla and ha,ic pa) ridl rct urel, tit the Ctot+lrarl►,r and ► ::ch-ml►omirat for eov+•rin1; all laborer" alkl 111'.1-h.uliv, enll,ln�. ►i tipt►n tlw uurk rt,> vt-.- l by thi, Gmtrart 01.111 Ili- roaiutaiord jih►ril►F Ill" your-e of tlrc %,urlt qml l,rcm,metl for a i•l-riud of .f yrarS 11► fedtor. `fuels payrolk and ha"ie I.a)"roll records:,hall cmilairl list- naun• jild adder"„tof r.+rl► much errll,h►)rs•. hi, ct.r. rert a Attificatitul, rate Ad pa) (iocluoling rales ill rtsntributiolis or c+,-t; imli(ipalyd r►f III,, t) l„ • tlt"rrilk.d ill Section I if#) 121'• Uf thlr Davt".ltacurl A,•t), daily and weekly oon:bcr of ikntr- ►.orl ell, dt-tlucti.►t+, rack, and artual wall-" paid. In addilio++. Hhenescr lisr tiecrrtary (if I.al.t►r h.t►; found inlet Sri lion i.5(a) (I ) tit i ill Tille 29, 1 fate of I etl,•ral flrl;ul.►timis. Ilrjt the tvagr� ol• ,env lAmt-r Air itwuhanic include III,- .tmmull of ,lny rnrl, rt•�A►nablN a till IItal• tl in in.,tillilig bro► fit, ►oklt•r a plan r►r prog(jill +lc,r:ib++I M scoitsn I(I)) (2) (It) of file (1t 1, fill- t:,mtra+ fur ur ,ul„ s,nlrarlur shall rnaiolain rut-wil- A.bielt-Ilu%t; that flit: CUrllrnilrtlCnt to i•rutkle mach b,•n••fits i, enlorreulrlr, rl►at Ilse l,talr or 11tw,ram 1, finau.:ially r+'.l«►n-sbh , and that list- illmi or l►rogrim Ilan bt:e.11 rum+mmi.•ntt•,l it) %•riling to lilt' laborer, or 1111•1 i+alsi+► :.ffeetl-ll, .Ind recur!" ttl►i+ h 1I1UA Illr e:u:1:b antiripjled or the jultial hurt incurred in l►n,l iditig but It bent fit,.. '!•Inv l:ontractor ar+tl ead) sub, untractnr doill osake his "mph) mew revord, rith rt spvt t to pvr�sn, eoll,io),•t) I,% itim t►lmm the work ru%ered is\(Ili:, Gmtract avatl.sl,ir for ill. "l►rrliun It)- suthorized rrfsrrn+ nl:tlivr, of 11w St-m-lary of Ilur►-iuV allot I flown l►rrrlu}►►nt nl, lltr (.tsral !Tebbe Agrnv% Air l'ublit• 11111k , anll ill'! Ilrtit(-d State., I )rlsartrnrut of Labor. .`urh mpres+•ulati►en Aral) hi- l,urmiltcd to itt(er6rw rnrldo%re:, of the 01111raclor or ill .,n) -.Il,t ontrartor tltsri,q, t•.orl,iiig iro«rt+ un Ihr. jut►. 16. SPECIFIC COVERAGE OF CERTAIN TYi'ES OF WORK BY EMPLOYEES The tr.Insportilig of materials and "ul►plivs lu or from the bile of (lie I'n►jerl or 1'n►gram to whivil this Contract pertainA It) the rtrll►loyCrs of tiro (;untrac.tor tar of il+r.• bobeotllrat•lor, antl the manufacturitig Air farmed ing of mutrrials, articles, Suit. Illie". ter ,•+Itlipmeld t►rl Ihr file of the I'rojcrl or Prohruni io t:ltit It ll&, 0mirart lrrr(ainy Is) jwrs.one rtnpl6yed by the 0111• traclor or 11) arty rttbc„olr:rclor, "hall, for Iht: lot ri.towt, e►f thin Contract, uo+l wllltt►ot (imitinf the gem-ralitt of the forl-guillp pn►visiom, if this Contract, be dcr.rltntl to he work to Hhich Ihc•e Frdrral I.aIN►r Stjndardt, Vvovihiun, are applicable. 17. INELIGIBLE SUIWONTRAcraRS The CAmtrudor Shall not subcontruct any Isurt of the work covered by Ih6 Contract or permit Fullcrrntractcd work to be further milseonlracted without the Local Pul,lic .!gem). •'s or Public ltody'e prior wrillen appruval of tilt: t,uheontractor. The- • I'Mal P(thlic Agency or Public Itody will nut approve any mubtxrntrrlr.tur for work cuverrd Ity thit, Contract who i1t at tile. time inrligihlc under the l►rovisiuno of •an) applirahle rchulationt, faked by the Srcrt•tary of LAK►r. I;niled Staten Drpartrnent of`l abur, Ili rccr.ive all award of such cuhrontrat•t. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRAUS The. Contractor -Ball includr or cau.t^ Iu he inclu trd in each 141111contract covering; any of the w.Irk covered by thi, (:on• tract, pruvisiant which are consistetlt with [heel-, hrderrti Labor Standards i'ruvisions rod alM) a clause rerfoiring till- aubcort• tractors to int;htde such prtsvi+iolts in anv luwvr tier milmontracte which they may enter into, loigrtlter wilit a clawe requiring rush il:s+•rtiron in any further aulocuntractr that rosy in turn be made. 4- 1 • :4UDITIW (8.69) 19• BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition it) flip va►►w•r for termination of thiot Gmtrbct an hrrrin dwewhere k•t forth, thr 1A)ral I►uNic Agency or 1"uhli►• Its111) rn:..,rrvrh till. right to terminat►• thim GmIr ct. if thr Contrartor or anv fuhr,antractor %how snhmntract roverh anti ►►f the wur�- ruvrred by thi,� Contract shall hrearb any of their I mural l..alx,r Standards ►'rovii inirp. A t►rrarh of three Fr(Irra) Labor Standards Pv)visionF may 216o fir gmundF for debaurnrnt aH provided by the xpplicibir regulations kFued by the S,•rrrtSry of l.almr, United Stairs 6cpartrnent of Lalmm ' ft!•frt71 ATTACHMENT TO FEDERAL LABOR STANDARDS I ROVISiONS SO-CALLED "ANTI -KICKBACK ACT" AND Ri GULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED S7'A'f E5 DEPARTMENT OF LABOR TITLE 18, U.S.C'., section 874 (Relilaccs section I of the Acil ref June 13, 1934 (48 Slat. 948. 40.U.S.C., sec. 2761)) livrsu:anl to the Act of June 25, 1948. 61 Stal. 862) w KiCKBACIr'i FROM PUBLIC WORKS EMPLOYEES Whoever, by�ft►rcr, inlinlitlatil►n, ur (l►rrt! tit procuring di,nik,.0 frnn► rnlillnyment, r,r I,y at,) other manner +.ltal�t l-ver in►lu, r, any perv,n cmployrd of Ihr run.tn:t Gut►, lnov•ctition, rnits lilt- Iinr► ur rri,a►r r,f .fit)- linl►lic bnlbling, ilublir 1•u tit hulltliltg+ t,r work Hoare►•+I ►►t '4lurk or in It.trt by ludo or grants Won !hr. thlitrtl yl,ftcn, lit Ovr ull any hart 1,f flat 1 Um lu•r►•ation to whtcll he is rnlillyd limier his ctiM.-at t of rrtllduyrtte►It, ei;oll [w fin,•il nut t►lurr thin S5,0(X) or intl,riv.:ned not moat• Ihrn t►t,r y r:.►�+, ,ir twtit. SECTION 2 OF THE ACT OF JUNE 13. 19'$4. AS AMENDED (48 Stat. 948. tit Stat. 862, 63 Sls;. 1%, 72 St at. 967, 40 U,S.C., set:. 276e) the Srrrelary of I.al+t►r shall mule rewA)"ahle regulations fur contractors and subcontractors engaged in thr ronFtruo. 11rt� rnti+,n, rnt111*1v oti air rrll.tu t,f litiblir bindings, i,uhltc works or hulldings or worti s fit,.o;t.ed in whole or in part by lui +,r ln.tut, fn,n► Ihr llnilyd `1a1+,, fill lulling it llruvip�iuo that earh enutral for and wlitwilrech+r Thal) furrush a stall will► rr,l,r+ t I,► till- wabr.% l„ tul rash ,•rnl,bq ve tlurittl; the l+rrctding work. Set win 1001 t11 Title lit (United States Cede) 4 �ppit 1+1'tit' 11,Ialctlirrlly. W ..•xxx... Ptwo a:►t lu the aforesaid Anti Kirl bark Act, the Stwelitry of Labor, Ilrtiled Statr.s Dritarttwnt of labor, hag prumn• poll 41 t11r rrgul,ll►nn• Iw(rinJft,-r wt forth, whit 11 regulallone art- feitio l ill 'fill? 29, S111,11tlr A, l.utic of FC(Irral Itrgillatil,n,,, Vitt .1. '1 lit- Irttrl "Illk IG,fI,".1,, ll,t•d Ill tilt regulJl►osib 1wreinsfitr `ei fortis, frivro Ili l+llrt 3 IM vix11e nlrlltlunrti, Said tri I►t.11t+►tin J►,' J, I+,Ii,Iw,: TITLE 29 LABOR Subtitle A — Office of the Secretary of Libor PART 3- C0NTkAt*r0 tS AND S011C'UNTItACTORS ON PUBLIC BUILOINI; OR PUBLIC WORE FINANCED iN W116L.E OR iN PART HY LOANS OR GRANTS FROM TiIE UN113'O STATE-S .t►ct•litllt y).1 Pt1ti)r)sr anti srnlx. 'I I;►,1+at1 pn-,wrihra''eilti 1,irAl,+l-it" fegist tit it) not tender eectioit 2 of (hr t\( 1 of jttfit- 1 i It);11, its atitcnt!rtl (tt) ll•�.t:, ' 161+I-uLtrlr t,ltltwrt;v thr Gtlle'lrnll At 1. This 1►rirt allfllitls to an) eontrai t t.hitll is sol.lrct 11) Fr4ijal 1.0 a stiondutl• an+1 i.161,11 is (tit lilt! taln�tttirtl+►n. (a,1.+cution, turn111clinn, at rriiair of i ultlil• blril,li11ga,1,111-he 1+664 t'r I+ulldillp yr 'Aol►,t f litilirrrd ill t•bttle t,r tt► i.arl by loans or grttnta I'Mill tllu united State,; Thr ll.irl i« 111trnd,+I Ill'ai,t to thr rn(dricetneftt ill titre';; 11611ilnutit Mdl►i. I+rotisitott, of thr Davin 113v in Art roll 111c'varitlua t+tlit11111i driling %%ilh Fs-,Ivt.illy astti:test cungrutliun tltal : rtittl.rir� »itl►rl.,r in f, 11111, wrgr' 1,rt►ia1 it►ar, itlt hiding thot.e (1t1<rvieilind hick are rn►t`euhjrct iu (tcurKatii1.Atiurt Nl n NO. 14 �' f .0 e, 0 . • 14VO.37W (84D) (r.l�.. Ibr I',tll, i ,• I lnlll,ing As I of Ill t11, till F•r•deral Walvr itollutiotl Contra) Arl, and thr 11,vising art it( 1959), arid in flit roll e,rt t nu•n1 s,f tilt, liver Iitttc pro Iv i-ilIII?- of the Goiftrart Work Ilours Stsoilattix Act Wselsever Ilicy arc apillicable IC tunaltilt lin+ wish. Till. Marl dr.laifs tilt 461i6atinrt of contra: torn attel suliconlrarlors relative to the wcrkl} suhmimiun of t,talements reKsr:i itrl; tilt• W.1"cr. Isaid an wuti, ruvrrt,d therchy; arls forth Ilse eireunuslanees and procedures governing the making of paymil dr• dorlitin,, frt,os the wakes of tbett•c rrnpluycel on purlr work; and drlincatcs the methods of payment perm;nildr on such work. Minn 3.2 Definitions. A% otrd io the rrgulsclil,118 in 04102rt: (.t) The trrma "ItuiL)Is,I;" ur "wo-,V generally include construction artivity as diatingtuehed from manufacturing. (orni.ltiiig of rrtalrrirl+,, or.rrvicing and osairttenanrr utlrb. The tern►. include, w►illruut lintitalien, buil,linp, structure,;. and IUtloo,vetttrtits ill 01 lyltt•,,, .ru, 1► at, bridgr., slue►•, plao:h, highways, Irsrkwsya, strccla, sub+. ays, tunnel-i, v%,rrc, mains, power lin •, irtsm1eing utatioisn, railways, airlx►rtsr, tt,rniinaie, doc%r, pion, wharves, ways, lighlhnt&r rs, buoys, jetties, f,rcakwaters•, Ifvrr-, ar,tl r:'nalc dredgilig, rhoring, scaffultlinF, drilling, hiasling, et,cavaling, clearing, and landscaping. Untrs, conducted in rottnerti•tt, Willi mill at the till, of Lueit a huil►ling or wrtrk ail iu described ire the foregainl: writrnte, the manufacture, or foritio-h Ing of rrl ilrrialt., :utir.ir�, elulsl,11r,., to rtluipntrnt (whether or not a Federal or Stair agenty srtluirce title to hide moiterialb, arils let,,-stl►plif:4, fir rtlulliment during tilt cause of the (namotartum or f urnirlsing, or owns the materials 110111 %1hich the) tire rr►ano(al-torrd or furtiit,hs•d) t►, not a "building" fir "work "within the meaning of the rel;ulations in this part. (I)) 'rise ttrnlh "t on,tructtnn," "proarrution," 4.complrllon," or "repair" mean all lyi,es of worts dune on ! part►culat hu►lttnlg or work at the vita thrrr.uf, including, withunt limitation, sit ering,rcrnodeling, (ssinling and decorating, tile tranq of bop to( n,a,•rials and aupl,ltes lu our from flit building ts! work by the en►pioyers of the cnnslruclion Canlraw:or'ot construction truhrontrartor, anti Ilst- manufacturing or fonsi,+hing of materials, urtirles, supplicts, or equipment on flip site of tite building ur work, by I„ rM►ns rtnl►loyrrl of thr ,,itr• by flit tonirnrtor or aubcosttraclor. (r•) 'The trrrna "puhbu. ,luilding" or "ptd►lie work" include building or work for whuap tons,trur6on, prosecution, cam• i,Iriiuu, or repair, ati tlrlu,r,l ah(or, a Federal agency il, a contracting party, regardlcs,t of-.*heIlwr title thercc,f in in a Federai art".) . (d) ?sr trru► "huilthnf; :►r work finanred in whulr or in perl by loans+ or gtanitt from lht [lnited Stater." includes bullel- iog tit rime uhnV rt,ntitrnrliun, pruN•rotion, cesrnpl -14m. fir repair, as defined Above, payment or put payment ill rnndt- tltrrl'1!) , . ;. 'ircu;(v ftniti funds presided b) luana or t+•rslnta b) a Cederal agency. The lrtm daps not include bu+!ding, or wurl' file %,I.irtl e sirs st a ki•lam r 1• limited rolrly l" btnn gi,wsinlr:ra or insurance. H I'.,s n It=•r,4,n paid I,) a contrar,U►r or Fuhruntncfnr in any manner fur Ili+ hltor its tits cwtRlruelit►n, pt►.,orrutittn. cs,rltltlrli•u�, o: # gs.ir of a poldir buil,liug or lmhlic work or buil,ling or work financed in whole or in part by loans or grant+. G11111 Ito• 1'nilud `itateu i. "rutph,y ell" Still rrcirit'ing "Wages." rtgardlrns of any contractual relationship alleged to mist brl++, lrsttl .,tit) thr trA rinployrr. (f) Th Irrrrt "an) rfftliated person" include,t a al,uu+e, child, parent, or olltrr cln„r relative of thr rmolractor tit +stilt tt►rllrat h,t..t partrsrr or offiver of flit, rnnlrartur of .ohcuntrat.lnr; a ror•I►t,rati"n clotsrl) r"nnrcted with flip rnntrattor to „ill" „i11r.l, lilt a► 1131rrill. �-111v i,liary ter olhrra 1•r, and an offirer or agent of sur.h rtn-i,oratiun, (t) i"br (mils "ri-doral sgrort"ntran+t flit United States, the, Ilitstrirl r,f ('ttlnrathiss, and All rterulitr deltarlmers1% in• ill p-•nil, tit rrtshli.hou tit-, .atlls,ini�frjfivr agrnrirs, anti insslrytimrnl.hlirtt it( flip ilnitrd Flalri soul of flit llistriel of (;llolI&I.I. intlt11i111C. sAll or •olrtantially all of Ihr xfark of which is brnrficially I,Mnrd I,t the United Stalct►. by the iYitrl,t ttf t'stls,t,shta, tit al,) of file fotc-guir►g drl►artrnenls, eatal►Nshmrtils, agencies, and instrumentalities. L� s•tr ,Stt: litlll .1.3 Weekly statement with rc-spect to pa)►went of wages. •+"' (.t) A\ tt-rt) in lisik reltts+t, the lain 'CMfolaye'r ,hall nut'reply to (,rtoutns itt clas•i(irSl6na hither than that of lahut• r tit ttlrl'll tllll' Nt,t( fltnsr t• lilt sire Ihr imint ili.rls• rulWIVi'tutl of ttuell etAlllUytei. .7, l � r � (I;) Fw-h eu+tirartur fir eahcuatrarlur rug-ged in the cunatrucliun, prowtuliun, completion, or repair of ally public hoildn+f; or lottLltc work, or huddrtig tit work firtant•rd in whtolc or in put by luuub toe grants (rum tit.: Iinited llult•,,.hall Lfroi,lt I J, If Nl-l-k a Ailr•tnrnl with ret.lr+•rl to till- walleti paid cash of ita employers engaged ton work wterril by $t) (:Fit I'. rtv a awl 1 tl,rriiig O • prl-r,•dieig wt:i kl. l,.►yroll period. Thih blAtrno•nl t,hall lot- excculyd h) lite ctontrartnr ur iiulscutt- lrat toil it, h► Ili+ rnti►ortird offtrrr fir rrnployrr tof till- cunlrar.lur or.tthrontra+aor wits► ettperviera like puyntcnt of »mgi,x, and ,.It.►II hr took fmot W11 :101, ":NIalru►rnl of f:4111110!4mr.v", tit toil au idl-ntirnl (urm tot► the lo,rrk u( W31 :1.17, "Payroll (Flit t:u►r Ir,t, loss 01t1►onal or till ally form wilh iJrntiral wutdiuh, tifruplr rupicd of Wil 34 no+l WWI 3,ul may lie ubt:,tno,1 from till- rnt,trictiof; fir gpun,urilig u{;rn, }, milli te►pirhill Iht•M• form, ►nay be purchii •tl at liteGtivrrtunrnl I`rutttng t fll►rr. (r) 'fhr r-'tluiro•tnl-n r, oill►ts ► vtiun „hall ttnl apply its any contrael t)( S'.'.,n00 (or le.sa. (+i) illa(tn a wrillen finding; h) flu• head of a F'rticr,rl agency, till- Sectetary of I.altor ntay protid:• t a.,nnable lirniulion., t~ariplir►tth, exr•titplifufd fron► till- rt-tluirrmrnk of this aertion stthjl-el trj bitch rnoolitiunb a., the Secrelttry of I'l-Imr tuay,,peril). I?r) F.lt. tt:►, Jan• 4, 196•1, ax anfcmled at 3:3 V.R. I01136, July 17, lt}ftfl Section 3.4 Stibmission of wtxkly statements and the preservation and Inspection of weekly Imyroll recorti� (r) F'arh wrAly hiatrtr►eot rl-yllired under § 3.3 shnN lee dclivcred by the conlraclur or rubcnntractor, within seven days after thr regular p.►yntrnt Jett: of [fir l►syn►II prriud, to a rrpret,rntatire of a FrdrrAl or State Agency in charte at the .ill- of tire building fir work, tor, if there is no rrprr•hcnialiva of a Frder:d o; Stale agency at the trite (of the building or work, • ' Cite-tntrtnrnt Ohall h+-. milled by the contractor fir euhcuntrArtor, within such time, to a Federal nr Slate Agency rontracling for it fufrnc•rng the building or w,trk. Aft,•r hurh rttarttination and rhrck m rosy lie made, surlt hlstement,ur A copy therruf. .Iroyll lot -kept �tntt.a►1r, is, 141+331 br tr,rrtrofittrd to'rthrr will► a reloort of ally 6)lattun, in Accur,lAnca with apJ,licable proct&! pre., rilwol l,y the (holed Sl.rleh Drltatltornl of Laltor. (i►) I u, h rtonlrar for or ettbeontractor t+hall prt-wive his w•rckly payroll rerardr} for it periuil of three yeui from date of cutnitll-hotr► of the u,ntr,►ct. The payroll rrrnr,lh +hall let out accuraltly Anil a►ntl►letely the name and addreet, of each talks, and mrrh.,r+tr, hi, correct rlatisifu.atiun, talc of pay, doily and weekly number of hours worked, deductiont; made, and aclual oh al�r, p.nol. tint•1► pot► Toll rcrotd, 01311F,l-. enAdr avdilal+lr at All Hiner ((or int pr.ctiun Ity the cuntrarting ufficer or Imo± authurit, r, p►rbt nt.tlivc, anti h) authuricr.d of the: DcliArttnent of Labor. Section M i'ayroll (leductiows perinhsible without application to )r approval of the Secretary of Labor. llrtlurli-►oe nt.itlr under life- t ircummaucrti r►r in the •ituatiottn da•enhrd in lite paragraphs, of this rectiun tits), he- made without apltlu.dlion lu and uppro+ it of tilt: Sucrrlary of Lalmr: (a) •1n} dt;rlurtrtn matte in Compliance %ith the requirements of Federal, State, or local Low, sash as I'rderal tit State well+holding iutowt• tipoI..►nd hc+Jrral wicisl arcurity laze~. Ill) %n► ,I, tluo ttou+ t►f runn lorrtiously paid In the employee AR a linos fitle ptrpaymrnt tit wagr.t• %,hrt► such prtlraymrnt t, ot.rtlr wtlL,t„t th.,orunl tot into•rtht. A "Itt►r►,t fitly ltrcl+Ayntr.nt of Eager,"it+cuttaolctr•d to hair ht•l-n made duly wltcn't:ablt ur it. r,l►tt%.+lt lit Ill,. hcrt► .t+lt.rtttrtl It, file perst►o eralrluyrt) ill rr►th manner as to gi%c hint cumpirlr ftertlmn of tltel,otmun ill tl+t (o ) 1u� rlr�lurtit,u of .unto„olM rellnitt d lit t,turl prorem to he paid Ili anuthrr, unirr,a thl- dl-ductirn is in favor of tltr molr.0 [tot, •.,thrutttr.trtotr fir airs uffiiialyd lsetmm, or when rullobiun of rultsburAliun elibtb. tt► :utd , n., H6r3.3 'f)d 18691 (it) Ally ilrcltictinn miresitituting a cumtriltirtion on behalf of Cite l"ernon employed to funds established by the employer or re•lirt wnIaIit;a t►t rm$l,lc►►rer, or I,t,tlt, fur Ir prultowr of providing either front principal or income, or bath, mediea) or lot►petal Carr, pcetsiona fir ammitu•n -in retirrmrnt, ilrath benefits, conil,en-a(ion for injuries, illnerw, accirlrnte, Ricknrm. or ,itti�lalety, fir fur tnt,ttrancc• to l►rt►%itle sity I)( the foregoing. or unemployment benefits, vacalion pay, aavirihn accounts, or o.Intil.ir pa) merits fur fler i,rncfit of ernlclnyerw, their families and dependents: 1rovided, however, That the following standat&l arr poor (I) I Iir• rlr•c)urIitoil ►• nr►1 uIberwiw• proI, ill itril by law; (2) it is either: (i) Voluntarily ronticnted to ley the employer ire wntieg will tit advatece of lite period in which the work iR to lit: done and such concent is not a condition either for the oltt,ttorng of tit fur flit- e•onfutuatioec of emilloyntrrit, itr (ii) provided for in a lxinn We collective bargaining agrrem�nt be. t►•� e n lice rontrartor fir ,olit-milr,up•Itrr and rrprrrrnlativre of its employers; (3) no pftl(it or other benefit is olltrrwii.e oblatno-d ,lirrrtl) „r intlito'clly. by Mr runtrrcler or sidle marArtor fir any affiliated person in tier forin of commi«ion, dividend. or ull►rrwi•, , and (4) the ffrtlurtioni+aleall 6cr,;r the c,envrnirnce and interest of tits employee, it-) Aifv Iledfir Iiore rontril,o(iteg tteward lite! I►orchaw of Dolled Stairs D-frnrr Stunp6 and flonds when voluntarily aolln►rtrr,) by the rntl,loyrr. (f) .tuv drtlurluut ruflivr.trd 1►v the rrnplosrr Its him it; repay It-►;na to or to purcheR chart-*, in credit unions urrar,tri'd and ulhvatt•tl in at•ri rilarir.r ►+ith i't•drral and Steele credit itirtren nlatuler. (g) %its dreturlion vulnr►tatily. autliorircd by tier employee for the making cif contribittiorh to governmental or tivar<c- ginentntrrital igeiicit-!�, ,itch a� tile- Anirrican flyd C,runs. (1t) 1ny df•dutaittn vnluntarliv auihurirrd Icy (lie rmplo)ce for the making of rontriliutions to Community Chetts, iloitrtl Gift-r.4 I:uroly. '111d +intiItar chariInhle orgaiti.aIit, na. tit At►v drductittn• to lwy rrgular onion initiation fore and memfx:rship durie, not including fines or special act.-minents 11roo- Wall ht,u'Viler, 'i bit a collective bargaining agreement lietween the contractor fir imubrontractor and reprer.entativee of ill. rrnphtt rot• prtividre ft,r enc It deductions and tits deductiotitt are not otherwim prohibited ley law. (J) '%flV drdnrlion not mesa than fur the "rrswrtnel►Ir coet"of hoard, lotlotig, or other facilities meeting the require• urrnt, u( r-re title$ 3(tn) of file f a;r f atb+$r Stantlardet Act of 19311, as amended, and Part 531 of this title, When Bitch a deduction is inailr the eclditconal recurdio rtiluired under § 516.27 (a) of thin title hhall be kept. Sectiirn 3.6 Payroll deductions 1►crmis,%ihle with (Ill: approval of Ilse Secretary (of Labor. • by rtentrarffrr fir euhcotaractor may apply li, the Secrelery of Labor for lierrniminn to make any deduc(inn riot prr iniltt-d unilri § 3.5. The- `errrlary may grant permimiun whenever he finds that. (a) 7ho: rontrartor, Rulicontrartor, or any affiliated person floes tint make a profit or benefit directly or indirectly from (lie Ib'tlisclirirl eilhrr ire the form of a rominkpion, dividend, or otherwirt; (It) 'I'lir dt•dur•tion let ftol uthrrwipie pn)hihitrd by law; (r) 'I'hr drdmrliun it rithtr (1) volunlarily conwitted to by live employee he writing anif in advance of the period in %hit'.. life tAc$rlt i+ tm be- tinne Joel sur.lf romeist is not a condition either for the obtaining of rrnptfit orient or iti, continuance, or (:) prti►irl, it ft•r in a hems ficli. cttlledive bafgainirix agreement lcetawern the coritrsclor or Fuhrteotr,arlor and rrprrrrntsiiver (if 0- rrrldttyt�rt,, and (el) 1I►e do-ttorfiutt trr►rr. fife ronvrnienre and interest of lice employer. •9, • ltui? �7A0 , r� ►' „d Its Section 3.7 Applications ror the approval of the Secretary of Lahr. Any apptivataln for the.' mmking of payroll drductiunn under § J.6 shall comply will► thr rrtluirtmenla prcecrihrd ito flit - If I 1.1iwtttf; I'rragrapl.a lit this ►►►•calla►• (•+) 11,• applieilion sl►ell I.- in writing and „loll lit addra*oed to till: St:crelary of (•abur. (it) '1•att- apl►hralosm Aiall nlvntify the emotrata or contract, tinder which the, wort, in tluet•tion is to hr performed. Pct. 1IMNSI,m will for givris (or dedllctntnt. only oft ap'•t:lftt:, idctltified roolrarte, except til►un a ehuwinR of excrliliotoal circusnblancrA. W The apl►licaliun dtutNlisilt: affimtatively that thrre itt rnntplience with the wlandards „•l fordo in the pruviyiolls of :1.(►. The ulfirttolliuo pl'all lit- tot ru►nllunicd by m full bintrutctol lit the, foods indicating such cowlili4m c. (il) Thr Appliculin.') e11..11 iurlmic it do-tirriplion u( the prol'usrtl dt•duction, Ihr, purl►u5r. tit hr Frr�rtl thereby, and flit vlamp: tit lahttrcty -or merhanic" (rent ►. hone wanes, thr. I'misi Mt•11 clyduction would be trtadr• i (r) 1 h.• applivalit►u .hall ,trlr the nanit: null hum;llrhs of att•y third lk•rmin to w•hu►n any funds oblained from flit pru• putted drdut•ttu►'a are It► lit- Ir.ilibmillt•d iml tit;- affiliuliun of ouch llrr,t►n, if any, w:111 file 3111011t11111. Section 3.8 Action by file S eretary of Utmr ttpoll npplicatialls. *I'll,- Nr,;ttury uI I..iloor shall do -vide wl►s•11►rr t,r not 1hr rrtlur,tccl deducliun ir, prrrniNNihlr miller pruvinionr' of § 3.6; 41111 rhell 1111ti(y the .tppllc.tnt ill writiltg of lit. stri 10,011. t j Scctit►n 3.9 Prohibited payroll dt:ductiuns. i 11rd111 hoot. tout r,12rwh,•rt: pro"I'lrti fu: I►y !flirt t,nrl still which are not found In fir permimilde under § 3.6 at proltibiled, r ,Section .;. ! 0 hirlhods of payment of wal;rs, � i '110, pi livilt of M.1",1, shall 1►r 1►y reels, negotiable inhlrt►ulrnts payable ton demand, or thr atlditioital forms; o(contpcnoe• loon foot t. m It sit Jut liost,% mo, p,,rnn�t.ihl-: uuslt r flit,.I1arc. No utl+t r rut tl►wJn tit paynll:nt bltwll he rec•.,l;nixctl ton work ,uhjrrl t to file Aut. Sertiun 3.1 I Regulalions hart of contract, All r•tirltrarlt, romIc will# rrstprrt it) like rntlAtrtll•timi, l'nt„,!t lotion, rumpletiotl, (Jr repair of any Imblic builtlina or Imblic 4 work ►'►r luul,hnl; oil w4111s, Iln.uu•rtl its %, hole or in part by limit, or granit, froth lire Hooked Slairt, i•ovrred hq l)lr regulili'►n, tot till, liarl t•lttdl r�l'►tr•nl} Itistd flit- ruutrarlur or still's unl*tr►ur to rumply with tit, It of lhr regulwsiunr in 066 part so. may Lr Ali. :',pliri►h6.. lto tilt, rtl,►.trtl, arc § 5.5 (a) of Ihix euhttllr. ' • . usG.nvtM.41'ytrl'rttr►.".orrrrt �rrare►a►iwt 1 x- - Stag of California i Los Angeles I ss. e County of ) _ , — ---- ` " On SeDtetnber 17 19 82 , before me, the undersigned, a Notary Public in o{ld for Said Count;, r3 personallyappeared J l7 known to me to be the person whose -lame is '"S.. subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE CO';IA ANY, and acL:nowledged to me that subscribed the n, ie of KITED PACI 'IC INSURANCE C01.P..ty a., Surety, .md h ' o;vn n;l..it as Attorne -in-Face. Y MXW.i M J. CHASE ,•� at camminiw fib. W 9. 196 MY Comm, -,�,_ ..{.. � •ul +��K] tc;r - to Covr.ty �� soft-t818 ED. W72 ICALIF.1 0 T.7`N1TZL) PPc0— v�C I Iq 8UR.AN'01C C'C7 "A lq"r HOME OFFICE, TACOMA, WASHINGTON EXECUTED IN 3 COUNTERPARTS Bond No. U45 35 37 LABOR AND MATERIAL BOND "The Prenhim cRnrgvcl for thfx CALIFORNIA -- PUBLIC CONTRACT Bond i-S hieJudrd in tliat Ahawu on the prrforwaace $and,►► KNOW ALL MEN BY THESE PRESENTS, that D, G. CONCRETE CONSTRUCTION CO. 850 Colorado Boulevard, Suite 201, I,os Angeles, CA 90041 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author• ized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, State of California 2000 Main Street, CA 92648 as Obligee, in the sum of FOUR HUNDRED SIX THOUSAND, SIX HUNDRED SEVENTY FIVE and NO/100------------------------------ Dollars ($ 406,675 , 00---- ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the 7th day of September 19 82 , entered into a contract with the Obligee for CONSTRUCTION OF THE; 13Tt, STREET STOFN DRAIN PHASES I and II CITY OF HUITTING,rOtt BEACH, CALIFORNIA NOW, THEREFORE, if the above -bounden 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 Suety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in rase suit is brought upon this bond, a reasonable 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 Code of Civil Procedure, so as to give a right of action to them or their as-.:gns in any suit brought upon this bond. Signed and sealed this 17th day of $eptember 19 82 AMOVO AS TO I4, i GAIL 111ITTON • City ALI,4rnoy �t t.1 1r A ®T BAUM03t CO.3l721 .1 D G . CONCRETE CONSTRUCTION CO, Aa. 4,34,m/.44 . 7 UNIpa's .f NSURANCE COMPANY By. , ...... Dn`non�Attorney4n•Fact r • MAIN 'FENANCE E30N6 Bond Na. U45 35 37 (ICI) EXECUTED IN 3 COUNTERPARTS t:rzTiT3m3D 1PACIFIC 00MIR&ITY HOME OFFICE, TACOMA, WASHINGTON `The Fremittm charged for this Bond is incizz&I is V-.A sliown to the Perfurra-nce }fond." KNOW ALL MEN BY THESE PRESENTS, that we D. G. CONCRETE CONSTRUCTION CO. 85C Colorado Boulevard, Suite 201, Los Angeles, CA 90041 as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washingt.,n corporation, as Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH, State of California 2000 gain Street CA 9264E as Obligee, in the full and just sum of EIGHT HUNDRED THIRTEEN THOUSAND, THREE HUNDRED FIrTY and110/100---------------------------------------_-_---------------------_. Dollars ($ 813,350.00---------- !, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra- tors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of Huntington Beach dated September 7, 1982 for CONSTRUCTION OF THE 11-TH STREET STORM DRAIN PHASES I and II CITY OF HUNTINGTON BEACH, CALIFORIIIA WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ONE (1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ■I/mil ji"1�i► \\js�,_�i vi�i!l�i.�S\tii�Y\.I,wIV� Y�Wwl1.1f.1►N.ho.aY 6AL-1-l. ri•��..l �r .�l�Y�li.i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ONE year(s) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of -said work, and the carrying out of the terms of said contract, or it shall appear that defective materials ware furnished thereunde then this oblicfation shall remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 17th day of September , 19 82 Wetness: 'A"90.Vim AS To Aids GAIL HUTTON City,Attorw ti ROLL 3t7t1 ED, 7.71 D. G. CONCRETE CONSTRUCTION CO. dow, Princirol UNITED PACIFIC INSURANCC COMPANY By: Do,igI(5nn:H� kAttotnci•in•ract State cf Catiforni,f i j ? ss County of _ i.Qs ree_� t. On Se 19 82 before me, the understs;r ed. a Notary Publi:_ m and fof said County jvrsanatly 3tlueareci _--_ _ S�4s? I,EiS Nam_ JUDSQti _ _ _ �.r�ovrr to r'i- to be flit'. per`;or. whose name is subscribed to the within instrument as Attorn. y-tn•Fact o`. UNITED PACIFIC. INSURANCE CCTMPANY.are. a--kno.'Jedged to me that he subscribed the name of U'r.3TE0 PACIFIC INSUPAIN CON1PANY. as Slacty. and tt is own rt:une as #` Attorney- i �rs.asssnw� IslART11A J. CoHASE t+crsxY t' iM • CA'-M" ` !1T r=i� Up. � 1. 3!'d5 > r My Comte st tl eti wQas - _. C1!: ntf 8OU-1818 ED. 3172 tC.1t_!F) / 3 State of G,isf��-f:ssi a Septe-i: ibc-:'_1 _..-_�..7��+_��r1Q ILj� T, hP�tf�rt_' n'i" "b. '.1Tldcrslgnt;-I, a i`lot-lry ��.+�'... .•} orld f.' ..i't.1 L _ _ Js+_'L::r.-SZ. -tiL ti.?�:i-. _ Y i i1�.3`. ,i 1! is `43 .ub-tcrsbfd tC th? ...tf.:t }- Irtim•ent as At,�)rnf y-in-Fact of UNITED PACIFIC' f ti�i..'t' :i--' t_ ��.'�-1 `i i t''1 ledr g`d !r3 iTu: that _ _ _ he Subs .. b'd tht.• :r.?ne of U',-.1PAC IPC 1NCIJR N'C1.: CCYv";;f";k.l% T .i'; 1S i-1..'3 nof?ip as --ita�ll�l�MMOr.rr�r�as _ i f � J MAR -MA J. C,4ASE „�. • �' � tie*.+u,;r Pt.'!�.x - Cwt� RrOPRL CMM t 4 LOS A# SE= CotnTy -ss N • '�.TN'�T�I,� FACaIF'IC x�7'�C7F,Al�TC CC��tFANX HOME OFFICE. TACOMA. WASHINGTON EXECUTED IN 3 COUNTERPARTS Bond No. U45 35 37 PREMIUM: $6,380.00 PERFORMANCE BOND CALIFORNIA • PUBLIC CONTRACT KNOWN ALL MEN BY THESE' PRESENTS: That D. G. CONCRETE CONSTRUCTION CO. 850 Colorado Boulevard, Suite 201, Los Angeles, CA 90041 as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author. ized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, State of California 2000 Main Street, CA 926t48 a&Obligee, in the sum of EIGHT HUNDRED THIRTEEN THOUSAND, THREE HUNDRED FIFTY and N0/100--------------------------- Dollars for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. TnE CONDITION' of the above obligation is such tl; :t, Whereas the Principal has entered into a contract, dated September ; 19 82 ► with the Obligee to do and perform the following work to -wit: CONSTRUCTION OF THE 13TH STREET STORM DRAIN PHASES I and II CITY OF HUNTINGTON REACH, CALIFORNIA Now, TIIEREi:ORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; othen% ise to remain in full force and effect. Signed and sealed this i9YrROVED AS TO FORM f GALL HUTTON Cit�,l�LtarzaaT Tyr Mly 01tt At'I 4 4'tP IMV-)1491 C-AL 17th day of September , 19 82 I). G, CONCF'.ETE CONSTRUCTION CO, ......................................................................... • X� .. r 1A............. (Steal) UNn-'PACIF -INSURANCE COMPANY By............................................ Dottt;l�.1s 14, Jud, ot; Attomar•in•Fect 11 jn 'wti Return Original and Copy completed certificate to: CERTIFICATE OF INSURANCE Approved as to Form: City of Huntington Beach TO Gail Hutton, City Attorney Dept. Risk WnWment CITY OF HUNTINGTON BEACH, CALIFORNIA P. O. Box 711 By: Huntington Beech, CA 9264B A MUNICIPAL CORPORATION This into certify that the policies of insurance as described below have been issued to the Insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 10'days prior written notice,,by mail, to City of Huntington Beach P. O. Box 711. Huntington Beach, California 92648. ALL ITEMS MUST. BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED' REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED'IN WRITING BY THE CITY ATTORNEY. Name of insured D. G. Concrete -Construction QoMpany Address of Insured 850 Colorado Blvd., #201, Los Angeles, CA 90041 .Location of Work or Operations to be performed 13th Street Storm Drain Description of Work or Operations POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY EHectiva Expiration POLICIES IN FORCE POLICY NO. In Thousands (000) (iNS.) GENERAL LIABILITY 1Xj COMPREHENSIVE FORM ICP02U 386 11/15/$ 11/15/8 500,000 CSL Illinois Unio, [XI PREMISES - OPERATIONS Each Occurance Ins., Co. Oa EXPLOSION AND COLLAPSE HAZARD [XI UNDERGROUND HAZARD IM PRODUCTS COMPLETED OPERATIONS HAZARD tXI CONTRACTUAL It;SURANCE 1XI BROAD FORM PROPERTY DAMAGE JXJ iNDEPtENDENT CONTRACTORS fXI PERSONAL INJURY AUTOMOBILE LIABILITY AB6170699 7 12/10/8 12/l n/R2 (j{J COMPREHENSIVE FORM tXI OWNED s 500,000 CSL Pireman's Funs (KI HIRED Each Occurance LX) NON -OWNED EXCESS LIABILITY IXI UMBRELLA FORM NSU20399-A 6/5/82 11/15/8 1 1 OTHER THAN s 2050,001100 North Star UMBRELLA FOPM WORKERS COMPENSATION and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that .he City of Huntington Beach and its City Council, and/or all City Council appointed groups, committee$, commlislons, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such Insurance shall be primary to any insurance of the City of Huntington 8uach, as their interest may appear, Gate AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By iioward 11. Woad Associates Name Address .731 South Flower Street, I.A. 9001.7 Address ._. .._ . 213 6 2 8 -- 0 9 31. City .`"le HOLD HAFi1IUSS AGREEMENT I y-a�� 9,�« 00 (to he tsx6c' uted by insured) The insured • �• e,�-A�agrect to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and till liability, suits, claims, dnmands, judgments and causes of action caused by insured. his employees, agents or any subcontractor or by any third party arising out of or In consequence of the performance of zlI or any operations or activity for which this certificate of insurance is furnished. • (11 Sole Proprititorship (21 Partnership (3) Co alien 14) O hit (state) NUj.iJ .MJ�f�l�tLk9 iCi�JEp; By Insured: , .. ^.y1tit fAli nwrrsas shall be prlMrnc or tyP+rcl Ry trountd: i1[':G= t.`! a t,M Title •" t� ..., below et;cls Signature.) " � If C tr ►► ttait, TW+O'b►1?/tr.a'te i��1uo't`Rl00t pl tnetnnt er�tlenca of r!t►1!tlrr itAtip � Nile f grparation. ' Y M• r TAT E COMPENSATION P.O. BOX 807. SAN FRANCISCO, CALIFORNIA 94101 INSURANCE. UN 10--4-82 CERTIFICATE OF WORKER'S COMPENSATION INSURANCE 1'0LI(;Y W%iflER 57941 9— 82 CEfMFICATE EXPIRES 11-1--83 City of Huntinet on Beach Dept. of Public Works P.O. Box 711 Huntington Beach, CA 926118 This is to Certify that we have issued a valet 1'Uorkar"s Corripc41satiun in',utamce polwy in a fora) approved by the Calilorma Insurance Comrnissinmr t . the employer named below for this policy periuO indic;atad This policy Is nW wuhIccl to cancellation by the Fund except upon ten dtqs advan,;e written notice to the employer We w•:ll also give you 'EN days' advance notice should this policy Lit, cancelled prior to it., normal expiration. Thiu Cerfifir:ate of InsiirWICe IS not an In, , wance policy and doc not arnend. Crtend or ,Ater thil cc,vhtaclu alforded by the policies lisled fletein Notwllhslandiny y recio)wment, lotfn, or condition of arty ccntriml of other docutncnt Mth respect to which lht corlificale of immancr! may tit. rs!�twd or may pertain, the insurance alforii�d by tho policies rfCirYibed bgrein is !lut)ivrt to all the tr'rtm, excfij,;I(lmi and cnndilion!i of -wch poAclr."..i. F.t,if"LOYER PR SIC)l:N1 D.G. Concrete Coyn;tructlori Co. � 850 Colorado Blvd. 1J1.02 �Q �'7rL+G'�-C.- _ Los CA 9011"111 1-11 Fan ril. - Distiilet. 'Nroiagev APIROVYID AG TO FOMT. 7,;k1L fii+. rCt+t City > rr'MI "A -, JW'. f'l• ti 1 t'( r,Cv1 ,• r� }r '11^' �,t• '1r. ,1T-� �f 1A • 5 e ` s •, r1 r=llf�► i ' ' � ,'f1,�.:e....�! `^^� ( • ; r t, fy}�/', , y��� �� - �•yt,n ...l �si� "trtrWt "' '�.� .\aa..�.++t..a r+, Ia ♦�I ",����)�y. �M�+'�!7• `s.� , ♦1 w��f �M� J� ` J .%i'}w_..aJ,...a�....!�. Val. w.4....rw.F.>��MfAM/Mj4t � 1 ,,,� s • 1 �+�►yW�� r�h 1 •� !. y t~OMPANICS At i ORDI •tG COVt fiAU', 1115ll1�'1llCt.'_ SeiViCt.'s -sh. re Boulevard A Californi4i 90010 I3nploye s Insuraricu of Wausau •� Q J Ceanrra.] lt;atimr ,.1_-Iml marim, / 1111� D. G. MAMEefE ODN3PRLCPICN coo. 11.50 Colorado Boulevard, #201 ...-)s Niciele s, California 90041 •• c•.,r... . r, ,!., h.,,o ., , r,' . , , ..rt .; , .,. , , .u. 1 et1J dr1. In I ,rtr• ,t it . t,�, r hc:1n•tt;•,1nn:fui'; lily to lu,tt•tn,'1i1 trlm ^n , t;na'bart .. . r ,.•,',•.I '. w'. i,,.•. 0'.1 � 11.11 U1• ,'011-0 ,1, o, I, {N'Iio:l1, 111V'two", 1, .111)111"(! t,, 11e' 1-'t('•!, t}t'1(rll/e.•U hi-It•'.it I,. ',.tI11V' 1 1'. 111 It)( -- I .. s rf ►tkh --If ca Limits* L abl tt to Thou%aPRMU 1 y ` tkr.tlN1,, tiI,,,IrtI,A1► (Af.ERA!. LIAt3ILITt , .}{ •1r t I 11r,.,ln�.Vn!�r.Ll t I i x A , , s 2023 03 052276 ; 11--15-83 i x .•..•, 1 r ,';,,.itti t •,r./.,:. ,1 ! ' 500, � t 500, ix i 1.L 11e.i3O ,c, tt, 111It. ili 1 50/� 0, at;tt;t:'.ttlHILi 11ASILIT1 I 11,'t li t'r„Irtr, i 1 i i I YCE55 LIABILITY i x �.1VU 19 01 65 11-15-83 :r,l ' 2, 500, i' 21500 ' 1 1..'I;rt iW IN,:.t10.*, •� •.1y111:, tIi,L11L1Ii 1 OTHER i ..r..tt,•1n.., l'i�`xt.4tii/at1 '•.a ,:Itt►i%(llrwlto6rti.ii,t ;:w!{1Mw4d++ —-..:r�v1.�'�iyLiL;°iQ.�11�t+MC'�11".,i�`er`�'�`�•��•�:I,itil�iii.�i�:i:.iiiii� . 13tii Street Storm Drain Seep reverser side for special conditions t. r..ili.1U1�11 1 , ti .1L.. • 1'1 t'itt'CI L1 k, lt? ,I,,f it "I It's ttnf, the I , ,U1t1 1 r 'Ir•', ' .. 1! •w. rw�..r.+,.1Z7 .. ��� . r1 ,. , 11 ., 1 ,.1 II f I.r t, .f, ll' 'r 11 t wri.i."'-- ... •.+�.�.+..+.Las.wrYtir.�....i.1r.+1w�:LL.L........r.+..:.�..��......r;.:.4r►�i."t�.1rJ'«r'Lrwi.:...��:::.++:�.I�.a.+Lyr r' City of Huntington Beach ' 11-16•-82 Deer-. Risk Mx-zgemai t: POSt Office Elox 711 Huntington reach, California 92648 Corroon 6 Black Insw-ance SeL-Viues l it ti�t�(y rt X .1,td1e1�' t•'iy�`t4'!<+►t!G1�'w�"L'T�I�� 'HOLD HAf J"SS AQXWkNT (to be•1luecmed. by Insured) i Cir.. of The11I>urtr,l •�+. (�� y _nr1,,lgrees to 1}ruivet, defemi, m(fertinity, save:, and hold hitimlt!ss the City of I-luntingtun Deach its o1frrrrs, .lyents, .111d employees ay,ttnst .Illy l,ahihty, loss, daillotle, cost, or extumse by reason of ±illy anti all haltllity, sorts, claims, ,f,r111.In(1s iut111n1rllh Mid c,,usl's Of .101011 C.iust-d by ulsiffed, III% Iltllployees, aaerits or any subcontractor or by (,ny third palsy atisitiy trot ,it kit ,n Iolm-wil'oct• of the heffmill,io(:r of .111 of .Illy 0110,+tlons of aCilvlty for which this certificate of insuralicu is fuinlshed. • lit !.,It* et title It,tulsihlt, 171 Pottitt►tnto 131 C(,, tt,un 14) 0 tier Istnte) r r t I LWALMAJONAM 11Nltlt} 1 0 by 1 n s 11 l o O ' Tit 1 t1 ,raAff-i�:.r�_ All .w'+1ri W,411 list I111I110(1 tit ty(iVt1 UV Ifittlltt.l bPtlly% NA..tI etyu.,iurr 1 f t r..crp 1111Rlotl. Islesellt evidence r,f atttthor)ft4tloh to 41iltt Corporation. P.Q BOX 807, SAN FAANCISCO, CALWORN1A 94101 CERTIFICATE OF WORKER'S COMPENSATION INSURANCE POLICY NUMBEii. 579419-82 CERTIFICATE EXPIRES: 4-1--83 City. of Huntington Reach Dept. of Public Works P.O. Box 711 Huntington Beach, CA 92648 1h,y 1, to c.erltly that wit have issued a valid Worker's Compensation insurance policy in a form approved by the Calilornia insutancea Coimnissionet to the Eimpioyer named bulow lot the policy period indicated. 11„s pe)itcy r, not sublect to cancellation by the Fund except upon ten days' advance written notice to the employer. vve hili ,ciao jive you TEN days' advance notice should this potu:y be cancelled prior to its norinat expiration. li,,:, .:erlrtrcate 01 1115urdnce is not an insurance policy and dies nol amend. exletid ur alle► the covetage allordod by the foJed tieretn NolwiIhstanding any tequneme:nt, lerm or condition of arty conlracl or other document with ni tihiCh Itus cetlilicale of i,Isufalice tnay be i!,aueel of may petlam, the insurance aflo►oed by the pohrius 1k!t'01bvd Its-1win r5 SUDILICI 1+7 411, Iho terms, exclus:Uns anJ cwidil+owi of such p�alicwb EMPLO)iEA D.C. Concrete Construction Co. 6;0 Colorado Blvd. #102 Los Angeles, CA 900111 ! tvll f wim 404 111Ev 12 W) *PRFSIOCNT n, eA-C, Bill Famini District Pitanager APPROVED AS TO YOWL UAIL HUTTOV City Attomey deputy City Attornfif WORIfEHS' COPAPENSATION and &MPLOYERS' LIAUtarY Addition,sf Insured Endorsement, The insure► agrees that the City of Ifuntingturt Fleach and its City Council, and/or all City C.ouncif appuinted gruups, committees, +:uni►n+ssians, bo irds and any othet City Council appointed tx,tty, and/or elective anti appointive officers, servants of employees of the City a! Huntington Bench, wheit acting is such cite additional insureds lhero tides, for the acts of the insured, and such inwrance thrill lie piitnary ru any insurance of the City of Hutitrnglnte Beach, aw their intefelt ttt,ty alipear. pate AtIT1101111LO Itt.P1II.tiLNTAr%YE M INSURANCE COMPANY 1NS1.1AANt;E COMPANY ll<?Wi.-t%1 i1. Wood Associ t to.-,':i«„r,��,,��� ,�.�inn _.__......._.. .� ._..,_..._.., _._. _.._.....ti......_ 7 1.1 !Out h Vli wt-r �atrvt,t Ie. A. 90ni n4dtatw .. r.....,...... .. ,.. _....., ......._...... ....,.�..._.._ . _.... 7 11 6 f 11- .yyq`� ,/y��p� "f et�xlehcerto r r._.......,.......,._..........._.._.„_,. .,r.»,.,...._.....,... _....,..,...,.... COMPANIES AFFORDING COVERAGES C oix & 'inmumnce ser.rices 3600 Wilshire Boulevard Ins Angeles California 90010 --rAnplayera au antral Na innal -Imuranm 7F7— -7 NAM AND F, D. G. CONMTM- 0ONSTRLUMN CO. 850 Colorado Boulevard, #201 Los Angeles, California 90041 Tiq!3 Fa CC L'Ytkat pckF e5 013:)l tOha.,r bi!Lri tSS,.i-,0 ire in N. !.'4AP"s, )I (I 7'l' ".r�y term w .".aiticrl of any other eccurnt!n`i V�;") NS;NKC% '0 gh,rf, Itlis Cr Vl".' i,sccr&f-i tiefr,n twnji,r! t,; w the terry,$, il.ond;! n-S C' PO!XfCS. Lfr1ji t f Tfa 6ifff� Tii lFo san r is (M CCY; I P Tr — I GENERAL LIABILITY 4- FX 'Pi A 2023 03 052276 11-15--83 500, Sao, .500, I'1 4'. — ----- 7 WTUM0811-F. LIABILITY j j city rlt t o rn o v FiG t S S fl A-6 IJ I f F M 19 01 65 11-15-83 1 2,500, 2,5001 B old m, . Mt. "'I EMPLOYERTUAL411.11Y ....... AV, "ETA Ath Street Sborm Drain See reverse side for special oonditions lCity of 11untinqtori Beach it. Risk Awiagwmt �Post Office. lbx 711 L Hunting'm Beach, califortila -92648 COrrooll & Mcick Inmirance S(21 -S -0 0 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Pro3ect No. Tzt e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee confo):med to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and 'Title /' ,y1wn� ��, a,• ,, , I'r� �s i��rnt C > C) to jr , t c off` 6 ��, j ' c.A � 1 ` �.•*F u�` 4 WHEN RECORDED MAIL TO .0 L;I'iY Of HUNTINGTON HLACH C+fiico of ttre City Chirl< P. 0. Box 190 Huntinvlun Beach. Calif. g26AF 83- 265944 J$ CC-562 EXEMPT C8 NOTICE OF COMPLETION MOVED IN 01FICIRt I±fCO DS Of ORARV COUNfy CAISORNIA lEE A. BRANCH, County Recorder NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to 0. G. CONCRETE CONSTRUCTION COMPANY 850 Colorado Blvd. Suite 201 Los Angeles, CA. 90041 who was the company thereon for doing the following work to -wit: construction of -a storm drain in 13th Street. beginning at Pacific Gast Highway and •13th Street, ending at Palm and 12th Street, Project CC-562, in the City of Huntington Beech. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 20, 1983 That upon said contract the UNITED PACIFIC INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 21st day of 19. City Clerk and ex-ofMc�o 1erk of the City Council of the City of Hunt-ington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I. ALICIA M. WENTWORTH, the dul- .lected and qualified City Clerk and ex-officio Clerk of the City Council of thy. 'ity 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 21st day of ____ June , 1983 , This document is solely for the offlalft1, buotness of the Cf t;, of Huntington Bench, as conttm- plated under 4ovorrunent Coda See. 6103 and should be rsuorded f►roe or ebargs. Z71ty Clerk and ex-officio C eF of the City Council of the City of Huntington Beach, California wnLt. xtc.�i�iU fL11i. 1U: i(:-;GZ C .FORMED COPY' fAt F�ompar�ed with Crigtnal�Inm�N�« t, c ►c►, EXEMPT0 ' P_ il. lidr 190 C 8 (� 1 11un1'n.�twi Uri,'h f�%�i,l WrAf W 3— 2 6 5 9 4 4 NOTICE Of COMPLETION NOTICE 15 HEREBY GIVEN that the contract heretofore awardod by the City Council of (fie City of Huntington Beach, California to q. G. CONCRETE CONSTRUCTION CD�:PAIIY 850 Colorado Bivd„ Suite 2Oi, Los Angeles, CA, 90041 Nho was the company thereon for doing the following work to -wit: constru:tlon of a storm drain in 12th Street, be inning at Pacific Coast Highway and 13th Street, ending at Pala+ and 12th Strict, Pro ect CC-562, in the City of huntington RAArh �M RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 12? 5 PM JUN 2 2 '83 LEE A. BRANC11, CountX Recorder That said work was completed by said ccgapany acrordin, to plans and specifications and to the satisfaction of the City Engineer of khe City of Huntington Beach and that said work was accepted by the City Coun� I of the City of Huntington Beacn at i regular rx eting thereof held ea Junt 1983 That upon said contract the UNITED PACIFIC u.ANCC C011PANY was surety for the bond given by the said company as re. 1 by law. Odtei at Huntington Beach, California, this ._-Z"t _ day of 4 W _-_, 14 . C. Z`E'iy crk and ex_-ciTr is I of the City Council of the of Huntington Beach, Callfuri;i STATE Of' CALIFORNIA } County of Orange } ss: City of Huntington Beach ) 1, ALiCIA M. WEN,WORTH. the duly elected and qualified City Clerk and et-ufficio Clerk of the City Council of the City of Huntington Mach. California do hereby certify under penalty of perjury. that the foregoing NOTICE OF CtWLETION is true and correct, and that said hOTICE OF COHPLITION was duly and regularly ordered to be recorded It. the Office of the County Recorder of Orange County by said City founr.il. Dated at Huntington Beach, California, this 21st+-dah of June This document 12 solely for the afflclal buflnees of the City at Huntington eanch. As contes- plated under corrrmont Cad* See. C103 tnd should be reeardaa l ave Of ChAfRe. i ..j� l��'iert :mA rK-ur 'Cl(' i, I 'rk of the City Council of the City of Huntington Beach, California 9 Submitted to: Submitted by: Prepared by: `Subject: REOUT' FOR CITE' COUNA ACTT .. N ' c� Date LMM(31, 1993 Tiv Honorable Mayer and City Council .� GO Charles W. Tlxr}ason, City Administrator` �qQ Paul E. Cook, Director Public Works CASH C1Ct;11'FtACT 562, 13TH STREET ....JRM DRAIN FINAL ACCE''I'ANCE AND NCITTCE OF C Ck\1P1i`: iC N •''� �. Statement of Issue, Recommendation, Analysis, Funding Sourco, Alternative Alctions, Attschrnents (I STATEM4T OF ISSUE: D. G. Concrete Constriction Company has completed W-562, 13tli Sta:cet Storm Dra3*17 cn 1.3th Street, Acacia Street and 12th Street for a final contract price of $846,649.60. RE : L1ATICN : 1. Accept the work and instruct the City Clerk to file Notice of Completion. 2. Approve Change Order (s) Number 14 and 17 in the amount of $4,164.26. Cotmcil 1-was previously approved Contract Change Orders 1-13, 15, 16, and an increase in asphalt paving. ANALY '.rs : The fcllowing is a summary of Coo.,, -act Costs and of tix: Contract C�iange U.rrl-'rs: Original Contract Hid: $Bl3,30.00. Total Quantity Change ($1,103. 5C) See attaclied sheet Total C mtract Change orders: ; 34,448.1.0 See attacbed sheet Total Contract Price: $846, 649. 60 (a• 4. 09% of Bid Anowit) i`UNDING : Thin project is funded by $500,000 in HCD monies;.a246,649.60 from the. Storm Drain District rand, and the balance of $100,000 From the'Unappropriated General Fund balanre. ATTACIH*3NTS : 1. Contract Bid Iteins 2. Contract Change Orders 1. 2. 3. 4. 5. 6. 7. R. 9. 10. 11. 12. 13. 14. 1r,0 16. 17. 4 Construct outfall structure S 10*538.72 Modify drain t- mDugh seawall 517. !yl 13th/lialnut streetlight conduit 436.60 13th/Crange Avenue light conduit 1,553.12 Add 18" PCP; add collar 1,400.00 Change C.B. @ 13th/WalnLt Avenue 2,460.00 Add Bike Trail area paving 908.00 Add reinfurcerrent to des-:.t_ing basin 1,191.69 Pzn7ove pipe; add 18" RCP 3,254.00 13th/Acacia Avenue; modify culvert 1,250.00 13UvT c•.an Avenue; relocate C.H. 2,885.00 Delete fence remDval --0- 13t:h/Acac' a Avenue; connection J.S. 700.1.3 Access rcad; added paving 1,095.19 Faepair sewer in Acacia Avenue 719.87 Purchase 24' of 84" RCP 2,424.20 A&W A.C. paving A 3,069.07 total $ 34,403.10 CLNTRAC r BID rMIS CC-562 13th Strut Storm Drain Item Number Bid. Iton Ccntract Quantity Actual Quantity Ihiit Bid Cost 1. 3. 4. 6. 7. 8. 9. �2 13. 14. 15. 16. 17. 18. 19. 25. 26. 27. 90" RCP 84" RCP 36" RCP 27" RCP 24" RMP 18" VCP (2250 D) 1.8" RCP (1500 D) Relay 18" RCP R 6 R Fence Install Zeq)orary Fence 4" POC Sidewalk Fvmvm Construct Basin CB Std 301 MnstYuct JS Stud 304 Construct JS Special Construct PC7C Collar Construct 1" AC Adi M to grade Streetlight caxhdt 2, 093 If 695 if 45 1f 20 if 115 If 55 if 2.50 if 28 if 30 if 30 if 805 sf 23 25 7 16 9 75, 000 sf 9 155 if 2,085 if 671 if 44 if 8 1.f 95 if 99 if 238 if -0- 84 if 1,050 sf 27 26 8 19 17 106,506 sf 8 28 1f 170.00 160.00 110.00 100.00 90.00 70.00 70.00 100.00 100.00 20.00 6.00 500.00 2,100.00 2,600.00 300.00 350.00 0.25 500.00 80.00 Net Cost Difference Oo:�!: Change: $ (1,360.Q0 (3 f 840.0 (110;003 (A., 200.003' (i, goo. oo) 3,080.00. (840.00) (2,800.00)._ (3,000.00) 1,080.00 1,470.00 2, coo'.,-- 2,1tO.0€ 2,600.00 10500.00 2,800:00 7,876.50 (500.00) (10,.L6000). (1,103.50). CITY, C4UNGIOACTI4N Gate Submr;t�d to. HoerloraFil e Mayor and City Council %6M' itt6d , , Charles W. stun, City Administrator ry Ttxamp ty Prepared by: Paul E. Cook, Director Public Works 5ubim: 13TH STMT SMRM DRAIN: CC--562, C WGE April 22, 1983 ► MWVAL. Statement of Ismue, Rewmmendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMU OF ISSUE: Prcgress Pa�7rent to Contractor depends on approval and funding of Contract Change Orders and Quantity- Changes. RELIC TMMATICN: 1. Approve Contract Change dr&-r Numbers ? through 13, inclusive, 15, and 16, in the total annunt of $29,637.24. 2. Approve an increase in the amount of Bid Item Number 25, "Construct 1" A.C. J3 lay" fran 75,000 xluare feet to 106,506 square feet, an increase in cost of $7,876.50. ANALYSIS: The Contract Change Orders listed on the attached sheet have been ccuplete-d, along with the paving of the street. The fiords available, when sgpplemrzrited udth funds for these C.C.O. Is and additional. paving, will permit a Progress Payr.ent to be made to the Contractor. The total increase is $37,513.74, or 4.6% of the originzil contract price of $813,350.00. Final acceptance u:. the job will be presented for Council awroval at their next rrecsting. FUNDING SOURCE: Rinds are available from the Contingency Fund, Unappropriated F vO Balance in the amount of $37,513.74. AI1ILTO ATIW ACTIGN: Regiu.te the approvals be delayed until final acceptance of the improverents. AWPEM S : Detail sheet of CC--562 Contract Change Orders 1 through 13, 15 and 16. F.I.R. iewl: 1. Construct outfall structure 2. Modify drain through seawall 3. 13t:hAlalnut Street light conduit 4. 13th/Orange Avenue light oonduit S. Add 18" 11M 6. Change C.B. @ 13thMal.nut Avenue 7. Add Bike Trail area paving 8. Add reinforcement to desi.lting basin 9. Remove pipe; add 18" M- 10. 13th/Acacia Avenue; modify culvert 11. 13th/Pecan Avenue; relocate C.B. 12. Delete fence remwal 13. 13th/Acacia Avenue; connection to J.S. 14. Access road; added paving 15. P pair sewer in Acacia Avenue 16. Purchase 241 of 84" BCP 17. Added A.C. paving 1� 11 Actual Cost $ 10,583.72 718.32 864.57 1,537.74 1,050.00 2,460.00 908.00 1,191.69 3,254.00 1,250.00 1,975.00 _0- 700.13 not f ial. 719.87 2,424.20 not final Items 1 through 13, 15 and 16, total $ 29,637.24 i CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Necessary additional funding to accemma(Late CC 562 Project Name _.� .._.�.._._ Restriptir.0i - Requested funding for this project. ._....._... 1. DIRECT PROJECT COSTS 1.1 One -Time Costs 1.2 Recurring Annual Costs Additional Mataria s Outside P&X.Lo11 Personnel $u&elles 5or•✓ices Revenues Total Cost 1.3 Replacement/Renewal Costs N/A 2. ; NU I RECT COSTS Loss of interact capability due to exRenditure oL fgnd� r s f - C17: Ti STOW" -OF HUM `. . r INTER -DEPARTMENT C IM"MUNICATION �rvir�cttk� rtwca►� r ' o C�. W. Thompson Prom Dan`"Villella, Acting. Chief. n City'Administrator Am fnistrative Services aced. A ` ro 'riation for Subject Incre PP P Date April 26, 1983 1.3th' St.. Storm Drain I.Change Orders; CC 562 F.I.R, 83-48 In n response to the Public Works Dept., a F.I.R. has been prepared a submitted.in re;.&:ds to the proposers increased funding level for the 13th Street Storm Drain project to compensate for the., understated City estimate of cost entailed. It has been estimated that an appropriation of $37,514 will be required to provide full funding for this project. Sufficient monies are available in the Contingency Fund unappro- priated fund balance for'this purpose. An affirmative response by the City Council will reduce the balance in the fund to $2.,671.00. DV:AR: jy October 13, 1982 D. G. Concrete Construction Company 850 Colorado Blvd., Suite 201 Los Angeles, CA. 90041 Enclosed is an executed copy of the contract with the City cf Huntington Beach for the construction of a storm drain in 13th Street, beginning at P.C.N. & 13th Street, ending at Palm and 12th Street, CC 562, in the City of Huntington Heath. Also enclosed is a Rid Bond which wits submitted with your pro- posal. Alicia M. Wentworth City Clerk Mw: h Enclosures 17040VOW:114-S3 42211 Kordick Construction, Inc./Martin A. Kordick a joint venture '17971 Skypark Circle, Suite D Irvine, CA. 92714 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC•562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentwortb City Clerk AMWbt Enclosure October 13, 1982 Irvine Contractors Corp. 988 N. MAin St. Orange, CA. 92667 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Crnstruction Company of Los Angeles. We would Me to take this opportunity to thank you for year interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure arMpholl: 7146394m l Mladen Buntith Construction Co. 9946 Rancho Caballo Dr. Sunland, CA. 91040 We are returning y4_r Bid Bond which was submitted with your proposal for the construction of the lath Street Storm Drain, Project CC-562; in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure {7tl4phM+�: d14lf��:7) October 13, 1982 Channel Constructors, Inc. P. 0. Box 2108 Irwindale, CA. 91706 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Pvoject CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure October 13. 1982 t Mike Prlich & Sons 9316 Klingerman Avenue South El Monte, CA. 91733 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storn Drain, Project CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Comoany of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft bt Enclosure t Sully -Miller Contracting Company 3000 E. South St. ". 0. Box 5399 Long Preach, CA. 90805 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC•562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft bt Enclosure CITY" OF HL, NTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 13, 1982 Colich & Sons 547 W. 140th Strut Gardena, CA. 90248 We are returning your Bid Bond which was Submitted with your proposal For the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company o,f Los Angeles, We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure rl'ri�pfwn�? 71�•d7A,�iT'Ji . �. CITY OF Wl. NT ING N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THS CITY CLERK October 13, 1982 Desatoff Construction Company P. O. Box 5515 Hacienda Heights, CA. 91745 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for yuur interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure �1�flCITY OF HUNTINGTON BEACH 2000 MAfN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 13, 1982 K. E. 'C. Company /Kei th E. Card JV 200 North Sherman Avenue Corona, California 91720 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huai ti ngton Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OF: --ICE OF THE CITY .JERK October 13, 1932 N. A. A J. Frank Artukovich a joint venture 3100 Airway Avenue, Suite 100 Costa Mesa, CA. 92626 We are returning your Bid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft, bt Enclosure CITY OF HUNTINGTON BEACH 1!r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 139 1982 13 fron L. , Crume, Inc. 9926 S. Pioneer, Suite 105 Santa Fe Springs, CA. 90670 'We are returning your'Bid Bond.which was submitted with youi= proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City. of 'Hunti ngton Beach. The�con'tract for'this job was awarded to D. G. Concrete Construction Company of Los Angeles. We woUld..like'to take this opportunity to thank you for your interest submitting a rroposal . F Alicia M. Wentworth . City. Clerk f 'Aft bt Enclosure r , " „ - ,ITY OF HUNTINGTON BEACH 2rJW MAIN STREET "'ALIF©RNIA 92648 OFFICE OF THE CITY CLERK October 13, 1982 Andrew Papac-and Sons Papac Construction Co., Inc. 2030 Santa Anita Ave. South El Mlonte, CA. 91733 We are returning your Sid Bond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in -he City of Huntington Beach. The contract for this job was awarded to D. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank yo., for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft bt Enclosure • CITY OF H 20C}0 MAIN STREET October 13, 1982 • UNTINGTON BEACH CALIFORNIA 92648 OFFICE OF THE CITY CLERK Lawrence A. Gosh and Gos,i Construction Corp, 341 South McCadden Los Angeles, CA. 90020 We are returning your Bid (fond which was submitted with your proposal for the construction of the 13th Street Storm Drain, Project CC-562, in the City of Huntington Beach, The contract for this job was awarded to 0. G. Concrete Construction Company of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal_ Alicia M. Wentworth City Clerk AMW:bt Enclosure R«I+pha++r; ?t4B�b�i?f?1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 10, 1982 D. G..Concrete Construction Company 850'Colorado Boulevard Suite 201- Los Angeles, CA. 90041 We are transmitting a contract for the construction of a storm drain in 13th Street, beginning at P.C.H. & 13th Street, ending at Palm & 12th, Cash Contract No. 562 in, the City of Huntington Beach. The contract was awarded to your firm at the regular me�•ting of the City Council held Tuesday, September 7, 1982. Will you kindly execute the contract and have all signatures notarized and return to�this office, together with the labor and Materials bond equal to fifty percent (50%) and Performance Bond in the amount of one hundred percent (100%) of the contract price. A'guarantee for the project shall be furnished to the City and may. be included as part of the F2ithful Performance Bond. There shall be express wording in the Performance Bond .if such bond includes the guarantee or warranty of the labor and materials for a one year, period commencing with the filing of the Notice of Completion and acceptance of the contract by the City. The guarantee amount shall be for the full amount of the Performance Bond. Release of the Performance Bond shall not apply to the guarantee and warranty period. Also enclosed are two sets of a Certificate of Insurance in duplicate. This insurance form is the only one that, will be accepted by the City of Huntington Beach. Please return one set with the bonds and executed contract. Following approval of the bonds and insurance, the City will execute the contract and return a copy to you. Alicia;i4. wentworth City Clerk Aft bt Enclosures 1t�pha�t it4�4i�t1I 810 PROPOSAL FROM tl•4. hi =1 I &fij C RSL9fLPj--. firms Nwea Te tM Honorable Mayeir and City Council, City of Huntington Beach, California: In complienaa vWth the notice imiting sailed propoWs for the construction of the 13th Street Storm Drain --Phase I and II in the City of Huntington Beach, California. CC-562 I lweky propose and agree to enter into a contract to perform the work herein. dmibed and to furnish the materials therefore according to the plans, sptcificotions and special provisions for the said work and to the satisfaction of and une;er the elpervWon of the director of Public Works of said City of Huntington Back Californa. The undersillnod his not accepted any bid from any subcontractor or mater'Rhmen thrcugh any bid depository, the by -puts, rules or replations of which prohibit or prevent the contractor from % idering any bid from any srshcontra dor or InetaWmeln which is not prop eed through said bid depository, or which prevent any subcantrecter or materiaimen from lidding to any contractor who does not sue the facilities of or accept bids frog, or through swdh bid depository. F01' Owfmishing of all tabor. nateriah and squip:»ant, and or all incidental work netemary to deliver all that improvements comphte in pleas ices stri~t conformity with the plans, specifications and spacial provisions, on file in the office of the dial W of Public Woks, City of Huntington Beach, California, I propose and agree to take full payment therefore at the Wowing unit pricer, to wit: ITEM NO. APPROXIMATE QUANTITY ITEM WITII UNIT PRICE WRIT? EN IN WORDS UNIT PRICE TOtAL 1. 2093 LF Install 90" RCP (1500D) @ eVdle 10 ,e& 29; per LF. 170 ass, 8 /n 2. 150 LF Jack 90" RCP (2000D) @-4Rer� /T ��• per Lr. . '750 3. 695 LF Install 84 " RCP (1200D) @ (A10V C Pet LF. UP 4. 45 LF Install 36 " RCP (1250D) @ :JoV /iGt!1�1r�R/y Per LF . 1 �� �J��` 5: 4 LF Install 30 " RCP (15001)) @ Q„ �� LF. �d'� v gear ITEM A rPPAt XWKTE QURM"TV ITEM MTN UNIT PRICE VMrffan IN "Min UNIT M'N� TOMNOD. 6. 20 LF Install 27" RCP (1250A) @ d,1C Per LF. Vago r20 D 1 7. 115 LF Install 2��4/J" RCP (1500D) @ 116,3so per LF. ?0 8. 55 LF I stall 18" RCP (2250D) @ 54� per LF. 70 afs-o 9. 250 LF Install 18" RCP (1500D) @ per LF. 10. Lump Sum Trench Shoring @ per lump um . ( 11. 28 LF Relay Existing 18" RCP @ �1+ per LF. / pp� 12. 30 LF Remove & Replace Existing Chain Link Fence @ I67A* r A6rr4. per. LF. 13. 30 LF In.-sttaall Temporary Chain Link Fence per LF. 14. 805 SF Remove & Replace 4" PCC Sidewalk @ per S F . 15. ?3 EA Remove Existing Grated Basin @ © i' CiR per EA. -bo 11' " P-t - 1 r rr1l0 APPR0 N"TII M ••il. dUAMt1TY ITEM WITH UN'T PRICI UNIT TOTAL. ""ITTIN IN "OF" FR" 16. 25 EA Construct Catch Basin 301 @IMr per EA. 17. 7 EA Construct Junctio Struet:ure 304 @ , d �0 OW per EA . .. �ar le +Z 40 18. 16 EA Construct Junction Structure 325 Detailed @ 7:Kir per EA. t C DsL7 10. 3 EA Ccnstrctct PCC Collar 324 @ J~� .� Per EA. 0��`d 20. 8 EA Construct Brick/Mortar Bulkhead @ per EA. �,�p►a► 21.. 1 EA Desiltation Structure @ [Jonstruct �A&a*,,k C r- ramie Fer. :�:A. 6aod dodo 22. LS Construct Beach Structure @ �Outlet Q�r~-CK a Lump Sum p d vo t 30 Oo.a 23. 1 EA Install Outlet Protection Barrier @ dtewl �3.CtiLC Per EA. 24. 340 SF Install S Remove 2" AC Over Native Temporary Bike Path @` !�_twwper SF. 25, 75,000 SF' Construct 1" Asphalt Concrete Overlay @ %Mn�itr�f,, (� _ Per SF.L M 1FIIMIM..M�MF ��" ?".`G► P--i - 2 lialA APPROXNAATE ITEM �T1MT MICE Wrl ITIEN IN VOOO" U IT PRICE TU7At�•,��n� 26. 9 EA �- J just to Grade / - / �er EA. 27. 155 LF Replace Street Lighting Condu.t and Conductor e L 47olla jeer LF . � �� ZiA Tot a Bid in W rds f7�t�'I�dlk�� 04-An. 4it�+^ Total Bid (Figures $813ISO ----_ P -a— 3 It is understood and.agreed tlke approximwte quantities shown in the fore proposal schedule Are solely for the purpose of facilitating the comparison of bids and that the centrtctor's compensation will be computed upon the beds of the actual quantities in the completed work, whether they he more or less than than shown herein at the snit prices hid in the proposal schedule. The undersigned understands thR cuntract tine limit allotted for the contract is 1 g0 calendar —days. If amrded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within teri (10) days of tht, award of said contract, and to begin work within tan (10) days from the date of approval of the can - tact by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of rotor'rals to be furnished, and as to the requirements of the proposal, plans, specifications, and t%e conisa'tt. � Accompanying this proposal is lAd— i ?a9 A (S .t.4) 20 I. NOTICE: insert the words "Cash," "Certifier! Check," or "Bidder's Bond," as the can may be, in an amount equal to at least 10 percent oi the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shell be forfeittrd to the City of Huntington Beach as liquidated damages in rase this proposal is accepted by the City and the L...uersigned shall hit to executa a contract for doing said work and to furnish guod and sufficient bonds in the form set forth in the specifieostions and contact documents of the City, with surety satisfactory to the City within 10 days after the bidder hr received written notice of the award of the contract; otherwise said se;-zurity shall be returned to tha undersigned. Licensed in accordance with an act providing for the registration of contract License No. tom_:___.`� E Shm4tun of swoor- SusinenAddrm O-2 69CO fi',M" &&Ui t %g a F%cs of Residence ' 1a► try,. r Dated this day of la ILS,c, r .19_.�. Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date R,iceived Bidder's Signature P--3 • PRQPOSED INFORMATION REQUIRED OF BIDDERS F a bidder is required to supply the followinq information. Additional sheets may be attached if necessary. 1. Firm Name:• �� S��N f'�c��► i; t1 �...�..�....... 2 Address: 3. Telephone (2 12i;.rce.. 4. Type of firm — individual, partnership, or corporation:--t3 a.itL...lr_.___.....�..._...__.. 5. Corporation organized under the laws of the State of f,.. i 120 Rru i s4 6. Contractor's License Number: �, g Classification of rontractor's License —_ , 1. List the names and addresses of All members of the firm or names and titles of all officers of the corporation: VAWWI 8. Number of years experience as a contractor in construction work: 7 *14 9. List at feast six projects completed a, of recent elate: (Contract amt.) (Clbss of work) (Date Completed) (Name and address of Owner) *• . .M1el �• 7 r ,� ' I r'. : � ♦ w f �I 10. List the name of the person who inspected the site of the propowd work for your firm: VAN.i s,.._..._. 1�.t4t a e a i 03 Date of Inspection 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial WA, or other information and references sufficiently oomarehensive to permit an appraisal of h13 current financial condition. -P-•4 REQUESO�011 CITY COUNCILOCTION Date August 26, 1982 i�b' ratted to: Honorable Mayor and City Council APp�0VJ'7 ,Wy Submitted , by: C. W. Thanpson, City Ad inistra ` --».� " CCl 1, ppa, by: Paul E. Cook, Director of Public works Subjwt: Bid Results for Storm Drain Construction 13th Street Statement of issue, Rec-ommentlation, Analysis, Funding Source, Alternative Actions, Attachments: D . STATEMENT CF ISSUE: Can July 6, 1 82, . City Ccrancil authorized a call for bids for the construction of a store drain in lath Street, beginning at P.C.H. & 13th, ending at Palm & 12th, Cash Contract No. 562. REC"EMATICIN: pt EM low bid and award the contract to D. G. Concrete Construction Carpany, 850 Wlorado Blvd., Los Angeles, CA 90041, in the attaunt of $813,35C and reject all other bift. a1VALY&IS : '�Ejwt was estimated at $960,000.00. The bids were received on August 25, 1982, auld are listed be:ew in order of dollar amo4lnt. Sam l�n�unt D. G. Concrete $ 8131350.00 Irvine Contractors 827,561.95 Kordick Construction 849,713.00 Ml den Buntich Construction 864, 387.50 Channel Constructors 871, 950. 00 (revised) Mike'Prlich & Sons 893,910.00 Su:ly Miller Construction 908,099.00 (revised) C7olich & Sons 913,291.50 Desatoff 981,985.00 Gosh C onstructiza Co. 1, 066, 325. 00 K.E. C. C =parry 1, 072, 538.00 Frank Artukovich 1,080,688.00 Byron R. Crume, Inc. 1,141,622.45 Andrew Papac 6 Sons 11 201105.00 Rye eet ads d redvertise or cancel the project. k"ImNDAr1G SWiiG'E: Tt•.e gJF0t �1 be funded fmn the iiousinq and Coamunity Developwnt fund ar►A Oontingway as folluows: x.c.D. as $50.0,000.00 CCmtiixJccS' 213 .350.00 1. Cw.PFJC:BGi Jy ` PIO 4111 � '-IA' 4: ~9 o1 U00 13th Street Storm Drain; CC--562 n '101"' 1. !Ai) j A & A Pipeline, Inc. .Adyancu Constructors onstructors Ameron "~ Frank Artukovich Krohn A. Artukovich & Sons � r Steve Bubalo Const. Co. I Channel Collistructors qO 3, 0;;5 Clarke Contracting Corp. j Colich & Sons C�/ / Cornish Const. Hyron R. Crume, Inc. Craneveyor Corp. r Covarrubias Bros. ! C. , Concrete 913 O_ Oese off. Const. Go --.'more Pipe Jarkinq il"oO.—ana Steel, Page 2 _ XIC 5 EST1,10111s 1u crc t.tl;t)lt:it 13th Street Storm Drain; CC-562 'G R. Feast, Inc. Hydro Conduit Corp. interstate.liest Co. Irvine Contractors' (71 a I K. E. C. Co. J Korctick Const., I, & G Construction Long Beach Iron Works, Inc. Midwestern Boring j s Sully Miller Const. __..._._____.• ` j g �b l ��'C Mladen Hunts ch Const Andrew Panac & Sons / 2 00 %O �. Mike . Prlich & Sons Saval.a Const. :smith Electric Supplies ' {kulid. Str.ucture5 .;*teiny Co. '' "n frydronics,• Inc. _ r • iN nia Superior Court OF 7119 STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH# CITY CLERK State of California ) County of Orange )ss' JEANNIE L. THOMAS That I am and At ail times herein mentioned was it vilircn of the United Stater, over the mice of twenty-one yen#+. and that I An, not a p+rty ta, nor interested in the atxice entitled matter; that I Am the principal r.lerk of the, printer of the. HUNTINGTON BEACH IND. REVIEW a wry l frt u- I �r1Y cilr-" ft��p, published in the f'itsof . County of Orange and which newspaper in published for the disemination of heal news and intelligence of it genern) charac- ter, and #-.rich newspaper at nil titnt•s herein mentioned had and still has a torts fide subscription list of jmv; -- vutrcribem and which newspaper has twrn establishcvl, plotted and pub- lished at regular intervniok in the said County of Orange for a peril: exceeding one year: that the notice, (if which the annexed is a printed copy, has bevii published in the repilar and entire issue of said newspaper, and not in Any supplement thereof, on the following flat# , to wit; AUGUST 7► 12t 199 1982 I certify for declare) under penalty of perjury that the RlreKt- ing is true and "wrest. Dated at.PARA..P.RM,......................... $rnia, this 291 h day A!�.C3 ►. !�...8.2 . G Siptnsturr • 111100F OF I' IIHI,It 6T'1t,Z„N NOTICE INVITING SEALED BIDS -� norata�,t lwtaanlr�nr -' �aF ,{;�j*� mAka to hmbbv ,ir" >A* a" am .r :x 41(mcmm"+�1� � vka �,`� � b xny bra. ror�rt t>�, as a. tn�n►rr� racwcx sx 4r �p�p�t, •yam .. � , , , tA�IM�'Ct1R0I1'NO�yC'li(IRN�tTa�3'�it1'IJi,, a y ' � , tA�9 Y4"RCP 11Qt%K}� , isck 40" ftCt tI CPP s Iftna �4Wrl #I ItdtaU !0 � ! , •, . , IsstW t!l epic' bllflt �tPhCP 1fWODt , F. ', Raw1fAftW10Clr rwti T Che,#u ieah rim , Caartract,irnstleir l X4 Cmk"urti�+trwtiid8trlx�tny'J!1illlrWi: CoaNrort 1� � 11� ����A�tr �Cpt,Jl��e� • 7w� ° i � D of �?�t a aA oft 1**0* d 'UM' �Cth""rtvsr ;,' No 16d_11 !r► r«aArd �rFw lt_M t.64 M CAR. M)M, P� COUNCIL.. ACTION Dante June 24, 19,02 Submitted to: honorable mayor and City Council Suhmlxtiii b•9► Charles Thompson, City ? dministrat o Pr"A•cadbY : Paul E. Cook, Director of Public works tied` Subject: 13th Street Storm Drain; CC-562 ra G }r .-' �..., �t- 301 000 40M Cc>PJ+e'Pau�� r C. 6F 0_ .-1 r Statement of Issue, Recommendation, Analysis*unding Source, Alternative Actions, Attachment;: Statement,of Issue: The 13th Street Storm Drain Project needs to he advertised for bids. Recommendations Approve plans and specifications and' authorize the City Clerk to advertise for bids. Analysis: The plans and specifications have been prepared for the construction of a major st:or.:t drain facility in 13th Street from Pacific Coast Highway to Palm Avenue. and in Palm Avenue from 13th to 12th Streets. The estimated cost is $960,000. Alternative Action: 1. Approve plans and specifications, but do not authorize bidding. 2..'Do not approve plans and specifications. Funding Source: The project will be funded from dousing and Community Development funds in the approximate amount of $600,000 with the balance of approximately $4'50,000 to be funded fror.: the Contingency Fund. • 1 0 CITY OF HUNTINGTON ISFEACH INTER -DEPARTMENT COMMUNICATION To Charles W. Thompson City Administrator Subject Appropriation Request To Fund 13th. Street Storm Drain Project FIR # 53-2 From F. B. Arguello Chief of Administrative Services Date July 2, 1982 In response to the Public 'Works Department, a Financial Impact Report has been pre- pared and submitted relative to the construction of the i3th. Street storm drain faci- lity. It has been anticipated that an appropriation of $360,000 would be sufficient to provide the necessary funding for completion of this project, in addition to the $600,000 of Housing and Community Development funds that have already been budgeted for this purpose in the present budget. Adequate monies are available In the Contingency Fund that may be used for this purpose. Should the City Council approve this expenditure, the unappropriated balance in the fund will be reduced to $1,054,b11.31. F. B. Arguello Chief of Administrative Services FBA/AR/cg s CITY OF HUNTINGTON REACH FINANCIAL. IMPACT REPORT 0 Vroject Name APPr kLiation Request To Fund 71�e 13th. Stree-t Storm Drain Project Description Request funding of this pro'ect. 1. DIRECT PROJECT COSTS 1.1 One -Time Costs an Acquisition Construction urn.. Paci I i- ties, E ui ment. Other Total Cost 360 000 360,000 1.2 Recurring Annual Costs Additional Materials 6 utside Pa roll Personnel Su lies Services Revenues Total Cost _0_ 1.3 Replacement/Renewal Costs N/A 4 2. INDIRECT COSTS Loss of City's earning capability due to expenditure of funds. 0 Financial impact Repo* Page 2 3. NON -DOLLAR COSTS N/A 4. K'NEFITS TO BE DERIVED FROM THE PROJECT fundfrin v ' ► - 11 w for the C i t to proceed with this Bro ie�c„tand „ ey_ia t i ne_ the _r,Qns i d ms 5 i with the lack of ade„- _guate storm drain facilities in the downtown area. 5. PROJECT USAGE Daily. 6. EXPENDITURE TIMING Subsequent to Ci; Council approval and award of the bid. _ - _ - __ _ MIr.— r.wr.a�wrr+w--,r+.Mr.rwM.r•.�...rw+rrw.. i. COST OF NOT IMPLEMENTING THE PROJECT City may elect to approve the plans/speclflcfatlons,buL not authorize bidding at this time, or choose to withhold their opproval entirely/ ir. which event the status quo will prevail. NOTICE INVITING SEALED BIDS CC-562 (THIRTEENTH STi(EET STORM DRAIN - PHASE I & 11) HOUSING AND COMMUNITY DEVELOPMENT 110. B81-MC-06-0506 Notice is hereby given that the City Council of the City of Huntington Beach, Cali£;..:nia, will receive sealed bids for the construction of the Thirteenth Street Storm Drain - Phase I and II in portions of Thirteenth Street, Letween realm Ave. and a beach outlet, Acacia Ave. between Thirteenth St. and Twelfth St., and Twelfth St. between Acacia Ave. and Palm Ave., -.n the City of Huntington Beach, California, in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Docu- ments will be available on Jul; 29, 1.982. A charge of $15.00, not refundable, will be required for each set of specifications and accompanying drawings. The bid proposal consists of 27 Base Bid .Tter„s. r i� DIRECTOR OF PUBLIC WORKS ESTIMATE BID ITEMS 1. Install 90" RCP (1500D) 2. Jack 90" RCP (2000D) 3. Install. 84" RCP (1200D) 4. Install 36" RCP (1250D) 5. Install. 30" RCP (1500D) 6. Install 27",.RCP (1250D) 7. Install 24" RCP (1500D) 8. .Inbstall 18" RCP (2250D) 9. SnstalL 18" RCP (1500D) 10. Trench Shoring 11. Relay Existing 18" RCP 12. Remove & Replace Existing Chain Link Fence 13. Install Temporary Chain Link Fence 14. Remove & Keplace 4" PCC Sidewalk 15. Remove Existing Grated Basin 16. Construction Catch Basin'301 17. Construct Junction Structure 304 18. Construct Junction Structure 325 Detailed 19. Construct P.C.C. Collar 324 20. Construct Brick/Mortar Bulkhead 21. Constrw-:t Desiltation Structure 22. Construct Beach Outlet Structure 23. Install Outlet Protection Barrier 24. install & Remove 2" AC Over Native Temporary Bike Path 25. Construct 1" Asphalt Concrete Overlay .26. Adjusts Manhole to Grade 27. Replace Street Lighting Conduit and Conductor { QUANTITY 2093 QUANTITY 2093 LF 150 LF 695 LF 45 LF 4 LF 20 LF 115 LF 55 LF 250 LF LS 28 LF 30 LF 30 LF 805 SF 23 EA 25 EA 7 EA 16 EA 9 EA 8 EA 1 EA LS 1 EA 340 SF 75,000 SF 9 EA 1.55, LF 1:otice Inviting Strafed Aids Page 2 In accordance with the provisions of Section 1773 of the Labor Code, the State of California, 'Director of the Departizient of Industrial Relations shall determine the general- prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Hungi ngton Beach, California. Plans and specifications, together with proposal form may be obtained at the office of the Director of Public Works, City Hall Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of pros- pective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to bidding. The foregiong quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any moneys withheld by the City to in- sure performance shall. be permitted in accordance with provisions of the California Government Code Section 4590. Each bid shall be made out on a form to be obtained at the Office of the Director of Public: Works, Development Ming, 2000 Main Street, Huntington Beach, California; shall be sealed and