HomeMy WebLinkAboutGolden State Constructors, Inc. - 2008-02-19FROM: James Jones, Maintenance Operations Manager
DATE: December 8, 2008
SUBJECT: Retention Release Payment
Company Name: Golden State Constructors, Inc.
Address: 6162 Galipean Dr.
City, State and Zip Code: HuntiAon Beach, CA 92647
Phone Number: (714)p625-8758
Business License Number:A267675
Local Address- N/A
Notice of Completion Date: November 6,2008
Contract Purpose: Construction of Curb Access Ramps, Msc-453
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
I certify that no stop notices are on file on the subject at this time.
IZ-10--oV
Date
Travis K. Hcfpkins, Public Works Director
I certify that there are no outstanding invoices on file.
11-1 -)- 0 �
Date
ri Frelonrich, City Treasurer
I certify that no stop notices are on file on the subject contract, and that a guaranty bond
has been filed with this office.
k7l'),40
/ Date/ J-65a n' F I y-n n,
Clerk
Retention Release 453 12/8/2008 1:24:00 PM
This Document was electronically recorded by
ER Cert Mail F
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Dereck L. Livermore
P.O. Box 190 — 2000 Main Street
Huntington Beach, CA 92648
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
11111111111111111111111111111111111111111111111111111111111111111 NO FEE
2008000534214 12:19pm 11/14/08
213 92 N12 I
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to Golden State Constructors, Inc. who was the company thereon for doing
the following work to -wit:
CONSTRUCTION OF CURB ACCESS RAMPS, MSC-453
That said work was completed November 6, 2008 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 Director of Public
Works on November 6, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003.
That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this November 6, 2008
Director of Public Wolks or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange ss:
City of Huntington Beach
1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I declare under penalty of perjury that the foregoing 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.
Dated at Huntington Beach, California, this November 6, 2008. -v__ _
Director of Public Works or City Engineer
City of Huntington Beach, California
Certification of Compliance with Title VII of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
To: City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Re: Certification of Compliance with Title VII of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
Contract: M � C, - q5-3
Project: ecl,4 - k-lq-th PJ —
The undersigned contractor on the above -referenced project ("Project") hereby certifies that it
has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and
Executive Order 11246, and has not discriminated against any employee or applicant for
employment because of race, creed, color, sex, national origin, age or disability. The
undersigned contractor also certifies that it has not maintained any segregated facilities at its
establishments on the basis of race, creed, color, sex, national onigin, age or disability (with the
exception of access for the disabled).
I declare under penalty of pe jury under the laws of the State of Catifonuia that the foregoing is
Z:)
true and correct.
Executed this �,b 4f�_ _ day of &�D LtL--)Y� 6�r 2003 , at 44-14-Californi'a.
0
ge'l"L skic
(Type Contractor Name)
By: PAII,
A n. - RK 0—
Name:, [Type Name]
Title: [Type Title] E I IF R Y-
A
'U"'00 P, N E Y
JL) '�) - 2�6 - up
245911 1
CONTRACTOR'S CERTIFICATE
G/J-/u 1, e Udii-it state and certify that:
(Name of Declarant)
6 &, " �A�k is the general contractor to the City of
Huntington Beach ("City") on Contract No. 12? J (the "Contract")
for the construction of the public work of improvement entitled:
(44-6 q c&Hs )eql?l,,4f -
(the "Project").
2. All work to be performed pursuant to the Contract has been completed in accordance
with the Contract Documents (as such term is defined in the Contract).
3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all
persons supplying labor, services, materials and equipment to the Project, including all
claims against the Contractor arising from the performance of the Contract, have been
paid and satisfied (list unpaid debts and claims; 'if none, write "NONE"):
4. Attached hereto are the lien waivers required by the Contract Docw-nents, which lien
waivers have been executed by all persons who performed work on or supplied labor,
services, materials, and/or equipment for use at the Project.
5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to
Withhold filed pursuant to the Civil Code of the State of California (fist all disputed
claims; if none, write"NONE"):
t)AJ-Lf-
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed at 4, on this day of nct 4,, 1206-3
(Signature of Declarant)
APPROVED AS TO FORM
By:
Name- [Type Name]
Title: [Type Title]
245914 1
Certification of Compliance with Prevailing Wage Laws
To: City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Re: Certification of Compliance with Prevailing Wage Laws
Contract: A � C - '1`513
Project: (10 &6n5 )4-10
I
The undersigned contractor on the above -referenced project ("Project") hereby certifies that all
laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any
subcontractor performing work under the contract for the Project have been paid pursuant to the
minimum wage and bona fide ftinge benefit 'requirements specified for each particular
classification of work, as set forth in the wage -rate determinations of the State of California,
Department of Industrial Relations, and/or the United States Department of Labor.
I declare under penalty of perjury under the laws of the State of Califormia that the foregoing is
true and correct.
Executed this dayof_/VQL/eM6,r _,2003,at /4,v 6 California.
J�,k ��,kv&460
(Type Contractor Name)
By: __66 -1de-1 4
Name, [Type Name]
Title: [Type Title] ;1A "o
V 7
M A -�,J
NEY
2475421
RECEIVED BY:
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM: L41�L< j
DATE: or
SUBJECT: Bond Acceptance
I have received the bonds for
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Guarantee and Warranty Bond No.
0
Re: Tract No.
CC No.
MSC No.
Approved
(Council Aphroval Date)
(Company Name)
Agenda Item No. 7-
City Clerk Vault No.
#27 g1followup/bondletter.doc
Certification of Compliance with Title VU of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
To: City of Huntington Beach -
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Re: Certification of Compliance with Title VII of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
Contract: /� J C — q-5-3
Project: ey�e4 qce-,7-j�_
The undersigned contractor on the above -referenced project ("Project") hereby certifies that it
has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and
Executive Order 11246, and has not discriminated against any employee or applicant for
employment because of race, creed, color, sex, national on -gin, age or disability. The
undersigned contractor also certifies that 'it has not maintained any segregated facilities at its
establishments on the basis of race, creed, color, sex, national origin, age or disability (with the
exception of access for the disabled).
f declare under penalty of pe jury under the laws of the State of Call-forruia that the foregoing is
ri
true and correct -
I - 1 7
Executed this day of &�D tl&)n 6tr 200-5 , at Ak-k,'17,-,A�_ k-14 California_
0
da-,tj s4k
(Type Contractor Name)
By: _LI'UXj-ie ur, /I
Name: [Type Name]
Title: [TWe Title] E IF R
RNEY
�ris It) '3 -
245911 1
CONTRACTOR'S CERTIFICATE
1, G/JAI le U646t state and certify that:
(Name of Declarant)
A�4 aJ-IrU-14r�r is the general contractor to the City of
Huntington Beach ("City") on Contract No - I//'? JC — 41,5-3 (the "Contract")
for the construction of the public work of improvement entitled:
— CV46 qC,(-H-S Aqlnd-f -
(the "Project")
2. All work to be performed pursuant to the Contract has been completed in accordance
with the Contract Documents (as such term 'is defined in the Contract).
3- Except for the claims listed below and the disputed claims listed in paragraph five (5), all
persons supplying labor, services, materials and equipment to the Project, including all
claims against the Contractor arising from the performance of the Contract, have been
paid and satisfied (list unpaid debts and claims; -if none, write "NONE"):
4. Attached hereto are the lien waivers required by the Contract Documents, which lien
waivers have been executed by all persons who performed work on or supplied labor,
services, materials, and/or equipment for use at the Project.
5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to
Withhold filed pursuant to the Civil Code of the State of Caltiforruia (List all disputed
claims; if none, write "NONE"):
0/-)- Lf-
I declare under penalty of petlury under the laws of the State of California that the foregoing is
true and correct.
Executed at on this �2Z 15�- day of 20.o_3
(Signature of Declarant)
APPROVED AS TO FORM
By:
1 -7 10A U, 3-7-0-0(-e
Name: [Type Name]
Title: [Type Title]
245914 1
Certification of Compliance with Prevailing Wage Laws
To: City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Re: Certification of Compliance with Prevailing Wage Laws
Contract:
Project: Ci)P-4 �4C -�
-5 A4D
,,L3
The undersigned contractor on the above -referenced project ("Project") hereby certifies that all
laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any
subcontractor performing work under the contract for the Project have been paid pursuant to the
n-Linimum wage and bona fide fringe benefit -requirements specified for each particular
classification of work, as set forth in the wage -rate determinations of the State of Califarnia,
Department of Industrial Relations, and/or the United States Department of Labor.
I declare under penalty of pedury under the laws of the State of Catifon-11'a that the foregoing *is
true and correct.
Executed this Z day of OVeM tU(-- —, 20 03 , at California.
L-J6r,5
(Type Contractor Name)
By: ra tj
Name: [Type Name]
Title: [Type Title] As T'O_Eol�m
ME K 171
1�.l I
CFFY ATTOR Y
CY-11 - a-6 - C)-Ip
2475421
Bond No. 2080976
(one of Two Originals)
Maintenance Bond
KNOW ALL MEN BY THESE PRESENTS; That We, of Golden State Constructors I
(hereinafter called the "Principal"), as Principal, and North American Specialty Insurance Compa , 0
Manchester, New Hampshire, as Surety, an New Hampshire corporation duly licensed to transact
business in the State of California , (hereinafter called the "Surety"),
as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the "Obligee"), in
the sum of Sixteen Thousand Seven Hundred Twelve and 30/100 Dollars
($ 16,712.30
for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
Sealed with our seals and dated this 4 th date of December A.D. 2008.
WHEREAS, 'the said Principal has heretofore entered Inici a contract with said Oblligee daL-eU-'
March 7 th 2008 for Construction of Curb Access Ramps at Varic)us
Locations: MSC-453.
WHEREAS, the said Principal is required to guarantee the installed under said contract, against defects
in materials or workmanship which may develop during the period beginning on the 6th day of
November — 2008, and ending on the 6th day of November _, 2009.
In no event shall losses paid under this bond aggregate more than the amount of this bond
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that said Principal shall
faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its
own expense any and all defects in.materials or workmanship in the said work which may develop during
the period specified above or shall pay over, make good and reimburse to the said obligee all losses
sustained by reason of failure or default of said Principal so to do, then this obligation shall be null and
void; otherwise shall remain in full force and effect.
in
LIZ
AmeriAan'$p6ciait)6 Insurance Company
Randy Spohn
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Now Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other writings
obligatory in the nature ofa bond on behalf of each of said Companies- as surety, on contracts of suretyship as are or maybe required or permitted by
law, regulation, contract or otherwise, provided that no bond or unde�ing or contract or suretyship executed under this authority shall exceed the
amount of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24h of March, 2000-.
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
By
G'
Steven P. Anderson, Prftident A Chief F—ative Officar of Wuhington lattirnatinai 1—we, Company 0.4
3 L
SEAL
1073
Q
By
David M. Lay—, S-1- Vi- Predd..F.M401.gto. Int—tions] Imn, .... Company
& Vile President ol'Norill Amerkna Spmiafty Insuranm Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September_, 20 08
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 30th day or September 2Q_OL before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of'North American Specialty Insurance Company and David M. Layman
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be die voluntary act and deed of their resnective conmanies.
'OFROAL59W
DONM D. SKLE14S
NotaLy Public, Statz af 111biois
My commision Fxpmcx Ift6iml 1
----------
Donna D, Skiens, Notary Public
1, James A. Cacpenter , the duly elected—__ Assistant Secretary_ of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the abovc and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company arid Washington Interriational Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of _Q�eCerrlber 2008
J— A, Crr—W. Vice Presideru &Asistwat S(anetary.(Washingon Imcmation.1 lna�Corap-y&
North American Saftiatty (nutmnce Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
A-1 ;tO25 - before me, Erika Guido, NOTARY PUBLIC,
On
personally appeared RANDY SPOHN
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity (ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
oWA GU1DO_ California that the foregoing paragraph is true and correct.
COOL# 15M'30
wymmr 'Aw cgoomm "a
OFM*f couWy WITNESS my hand and official seal.
Signature
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
F] INDIVIDUAL
n CORPORATE OFFICER
El PARTNER(S) LIMITED
0 ATTORNEY -IN -FACT
El TRUSTEE(S)
0 GUARDIAN/ CONSERVATOR
F] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
701 S. PARKER STREET, #3800
ORANGE, CA 92868
December 4, 2008
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
Re: Golden State Constructors, Bond No. 2080976,
For the Construction of Curb Access Ramps at Various Locations; MSC-
453, City of Huntington Beach, Bond Amount $167,123.04
To Whom It May Concern:
As of this date,we have not received any claims against the above bonded
project. Any questions feel free to contact our office.
North American Specialty
Insurance Company
Randy Spohn
Atto rney-I n- Fact
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the Stale of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other -writings
obligatory in the nature of a bond on behalf of each ofsaid Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of. TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
Wit
By
Steven P. Anderson, President & Chief ExecuLivc Offlm of Washington International Imarance Company S L
Senior Vice President or North American specialty insurance Company
Pj
HII By— 14-111 ...... 17*
David M. Layman, Scalor Vice President of lv�.Ianjtta. international Insur.—Compary
&Vile Fresidtnt of North A m-kim Specidry 1—... Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of_Scptember , 2QO8_.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 30th day of September 20_q8, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and DavidM.Layman,
Senior Vice President of Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company,
personally known to me, who being, by me duly sworn, acknowledged that they signed the above Power ofAltomey as officers ofand
acknowledued said instrument to be the voluntary act and deed oftheir regnective conmanies.
L SEW
AD.SKIMM
Notay Public, Staw uf Illinois
my cominwon Fkpircs 1OW201 I
Donna D. Sklens, Notary Public
1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect,
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of December 2008
J�s A. CarTenter, Vice President& AssistantSocrelary oflyashington Imcmational Insurance Company&
Nlrh Anictizan Specialty Insurgmc Company
A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
On before me, Erika Guido, NOTARY PUBLIC,
personally appeared RANDYSPOHN
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity (ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sigiii-ture of
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
F� INDIVIDUAL
0 CORPORATE OFFICER
F-1 PARTNER(S) El LIMITED
0 ATTORNEY -IN -FACT
El TRUSTEE(S)
F� GUARDIAN /CONSERVATOR
F-1 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
%, � Me
,"IBCITY
OF HUNTINGTON BEACH
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
LETTER OF TRANSMITTAL
Attention: Joan Flynn
To: City Clerk's Office
2000 Main Street
Huntington Beach, CA 92648
Fax (714) 374-1573
Date: December 9, 2008
Project/C.C. No.: MSC 453
Regarding: Construction of Various Curb Access Ramp
Z We are sending you: El By Mail [] By Fax Mail(Number of pages including this sheet:)
F-]We are hand delivering: F-1 Attached 1-1 Under a separate cover via the following items:
ElShop drawings Prints 0 Plans El Samples Specifications
7 Copy of letter Change Order Z Other: See Attached information.
Item #
I Copies
I Pages
I Description
1
1
1
Notice of Completion
2
1
1
Certification of Compliance with Title V11 of the Civil Rights Act and Equal
Employment Opportunity Act of 19 72
3
1
1
Contractors Certificate
I
I
Certificate of Compliance with prevailing Wage Laws
5
1
3
Maintenance Bond
6
1
3
Authorization from Surety to release retention funds
These are transmitted as checked below:
F�
For approval
Approved as submitted
Resubmit copies for approval
zForyouruse
Approved as noted
F-1 Submit copies for distribution
zFor
your action
El Returned for corrections
F-1 Return corrected prints
F-1
For review/comment
F-1 Other:
Remarks: If you have any questions, please call me. (714) 374-1732
c: file
By:
[rereck Livermore, Crewleader
GANWNTENANCE DIVISION\CrrY YARD\MSC FMES\MSC PRojEcrs\400's\MSC 453\NISB TRANsmiTAL To CLERK NOC453.DOC
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Namef after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
(company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Guarantee and Warranty Bond No.
Re: Tract No.
CC No.
MSC No. 17 1�5
Approved 11,19 lod��'
(Couhcil Approval Date)
--Z
7
C��o rc_,l /
Agenda Item No.
City Clerk Vault No
-7
7-
Y3
#27 gAollowup/bondletter.doc
RECEIVED BY- CITY CLERK RECEIPT COPY
Return DUPLICATE,
City Clerk's Office
_Vdating
(Nam6) after signinc
(Date)
0 -A CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Guarantee and Warranty Bond No.
Re: Tract 'No.
CC No.
MSC No.
Approved 11q )0
(Councfl Appro'val'Date)
r
L
(Company Name)
Agenda Item No
City Clerk Vault No
e�m, J-D
#27 g1followup/bondletter.doc
FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT MAINTENANCE CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GOLDEN STATE CONSTRUCTORS, INC. FOR
CONSTRUCTION OF CURB ACCESS RAMPS (MSC #453)
TABLE.OF CONTENTS
Page No.
I
STATE OF WORK; ACCEPTANCE OF RISK
2
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
2
3.
COMPENSATION
4
4.
COMMENCEMENT OF PROJECT
4
5.
TIME OF THE ESSENCE
4
6.
CHANGES
7.
NOTICE TO PROCEED
-5
8.
BONDS
6
9.
WARRANTIES
.6
10.
INDEPENDENT CONTRACTOR
6
11.
LIQUIDATED DAMAGES/DELAYS.
7
12.
DIFFERING SITE CONDITIONS
8
13.
VARIATIONS IN ESTIMATED QUANTITIES
14.
PROGRESS PAYMENTS
9
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
10
16.
AFFIDAVITS OF SATISFACTION Of CLAIMS.
10
1 7.
WAIVER OF CLAIMS
11
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
11
19.
WORKERS' COMPENSATION INSURANCE AND EMPLOYERS'
LIABILITY INSURANCE
12
20.
INSURANCE
12
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
13
22.
NOTICE OF THIRD PARTY CLAIM
14
23.
DEFAULT & TERMINATION ..14
24.
TERMINATION FOR CONVENIENCE
14
25.,
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
15
26.
NON -ASSIGNABILITY
15
27.
CITY EMPLOYEES AND OFFICIALS
15
28.
STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
15
29.
NOTICES
16
30.
SECTION HEADINGS.
16
31.
IMMIGRATION
16
i
FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT CONSTRUCTION CONTRACT
TABLE OF CONTENTS, continued
Page No.
32.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
17
33.
ATTORNEY'S FEES
17
34.
INTERPRETATION OF THIS AGREEMENT
17
35.
GOVERNING LAW
18
36.
DUPLICATE ORIGINAL
18
37.
CONSENT
18
38.
COMPLIANCE WITH APPLICABLE REGULATIONS
18
39.
MINIMUM WAGES
20
40.
PREVAILING WAGE LAW
22
41.
WITHHOLDING
23
42.
HEALTH AND SAFETY
24
43.
PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
24
44.
APPRENTICES AND TRAINEES
24
45.
PAYROLLS AND BASIC RECORDS
27
46.
WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES
29
47.
SUBCONTRACTS
30
48.
FEDERAL PARTICIPATION
30
49.
DAVIS-BACON ACT
30
50.
DISPUTES CONCERNING LABOR STANDARDS
30
51.
CERTIFICATION OF LIABILITY
31
52.
DISCRIMINATION, MINORITIES, ALIENS .31
53.
EQUAL EMPLOYMENT OPPORTUNITY
31
54.
COPELAND "ANTI -KICKBACK" ACT
32
55.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
33
56.
IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER
POLLUTION CONTRACT ACT
33
57.
ENERGY CONSERVATION
�34
58.
HOUSING AND URBAN DEVELOPMENT
34
59.
SUBCONTRACTS
34
60.
CONTRACT TERMINATION; DEBARMENT
35
61.
COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
35
62.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
OVERTIME REQUIREMENTS
35
63.
SIGNATORIES
36
64.
ENTIRETY
36
ii
FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT MAINTENANCE CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
GOLDEN STATE CONSTRUCTORS, INC. FOR
CONSTRUCTION OF. CURB ACCESS RAMPS (MSC #453)
THIS AGREEMENT ("Agreement") made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and GOLDEN STATE CONSTRUCTORS, INC., a California corporation, hereinafter
referred to as "CONTRACTOR.", ,
WHEREAS, CITY has solicited bids for a public works. project, hereinafter referred to as
"PROJECT,". more fully described as construction of curb access ramps at various. locations in the
City of Huntington Beach (MSC #453); and
The PROJECT to which the construction. work covered by this Agreement pertains is being
assisted by the United States of America and Federal Labor Standards Provisions are included in
this Agreement pursuant to the provisions applicable to such Federal assistance.
Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24,
Code of the. Federal Regulations, Part 135, Economic Opportunities for Low- and 'Very Low -
Income Persons, Section 3 contract clauses, the work to be perfonned under this Agreement is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure thatemployment and
other economic opportunities generated by HUD assistance or HUD assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD. assistance for housing; and CONTRACTOR has
been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
08-1505/19652 1
1. STATEMENT OF WORK-, ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and
expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items,
services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of
the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of
the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution
of work, and for all other risks of any description in connection with the work, including, but not
limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work,
except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown, and described in this
Agreement, and in accordance wi th the requirements of CITY for the compensation set forthin the.
.. accepted bid proposal.
2., ACCEPTANCE OF CONDITIONS OF WORK-, PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms, conditi I ons
and obligations of this Agreement and the Contract Documents (as defined below in this Section),
the location of the job site, and the conditions under which the work is to be performed, and. that it
enters into this Agreement based upon its thorough investigation of all such matters and is relying in
no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by this
referenc e, with the same force and effect as if the same were set forth at length herein, and that
08-1505/19652 2
CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar
as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A., This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The . current edition of Standard Spec�fications for Public Works
Construction, published by Builders' News, Inc., 1080 1,National Boulevard,
Los Angeles, CA 90064, and all amendments thereto, written and
promulgated, by the Southern California chapter of the American Public
Works Association and the Southern California District Associated General
Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions to
Bidders, and the CONTRACTOR's proposal, (which is, attached. hereto as
Exhibit "A" and incorporated herein by this reference);
F. The particular Plans, Specifications, Special, Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications and
not indicated in the Plans or indicated in the Plans and not mentioned in the
Specifications, shall be of like effect. as if indicated and mentioned. in both.
In case . of a discrepancy between any Plans, Specifications, Special
provisions, or Addenda, the matter shall be immediately. submitted by
08-1505/19652 3
CONTRACTOR to the Department of Public Works of CITY (hereinafter
referred to as "DPW"), and CONTRACTOR shall not.attempt to resolve or
adjust the discrepancy without the decision of DPW, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the ternis of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to.pay and CONTRACTOR agrees to accept as full compensation for
the faithful performance of this Agreement, subject to any additions or deductions made under the
provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Eight
Thousand Dollars ($.180,000.00), as set forth in the Contract Documents, to be paid as provided in
this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within
sixty (60) consecutive days from the day the Notice to Proceed is issued by DPW, excluding delays
provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the performance
of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
.. Documents for all shop drawings, details and samples, and do all, other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set f6rth in the
08-15,05/19652 4
Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY f6rces working on the PROJECT in a manner that will
facilitate the efficient. comp . letion. of the PROJECT and in accordance with the terms' and provisions
of this Agreement. CITY shall have complete control of the premises on which the work is to be
performed and shall have the right to decide the time and order in which the various portions of the
work shall be performed and the priority of the work of other contractors, subcontractors and CITY
forces and, in general, all matters, concerning the timely and orderly conduct of the work of
CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR
agrees to make any and all changes, famish materials and perform all work necessary within the
scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR
make any changes without the prior written order or acceptance of DPW, and CITY shall not pay
any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
DPW a written cost proposal, reflecting the effect of the change. Should DPW,not agree to such
cost proposal, the work shall be.performed accordingto the changes ord in writing by DPW and
ered t-�
the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by
CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to
CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be. performed or famished under this
Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY.
08-1505/19652 5
CITY does not warrant that the work will be available on the date the Notice to Proceed is issued.
In the event of a delay in commencement of the work due to unavailability of the job site, for any
reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such
unavailability.
8. BONDS
Only bonds issued by California admitted sureties, will.be accepted.,CONTRACTOR,
shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by
the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to
guarantee the CONTRACTOR's faithful perforinance of the work, and one in the amount of one
hundred percent of the Agreement price to guaran . tee payment of all claims for labor,and materials
furnished.
9. . WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but not limited to, any workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in
the work, shall have the option to make appropriate repairs or replace the defective item oritems.
Upon expiration of such ten- (10) day period, CITY may.then make appropriate repair or
replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all times
hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall
secure at its own cost and expense, and be responsible for any and all payment of all taxes,, social
security, state disability insurance compensation, unemployment compensation and other payroll
08-1505/19652 6
deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if
any, in connection with the PROJECT and/or the services performed hereunder.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is not
in all parts and requirements finished or completed within the number of working days as. set forth
herein, damage will be sustained by CITY; and that it is, and would be, impractical and, extremely
difficult to ascertain and determine, the actual damage which CITY would sustain in the event of
and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as
liquidated damag es and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for
each and,every working day's delay in completing the work in excess of the number of working
days set forth herein, which represents a reasonable endeavor by the parties hereto to.estimate a fair
compensation for the foreseeable damages CITY would sustain in the event of and by reason of
such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees
that CITY may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable causes
beyond the control, and without the fault or negligence of CONTRACTOR, including, but not
limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay
(unless DPW shall grant a further period of time), notify DPW in writing of the cause of.the delay
and CITY shall extend the time for completing the work if, in its judgment, the findings of fact
thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto.
08-1505/19652 .7
Should CONTRACTOR be delayed in the prosecution or completion of the work by
the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials
required by this Agreement to be furnished by.CITY, or by damage caused by fire or other casualty
at the job site for which CONTRACTOR is not responsible, or by the combined action of the
workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR,
or in the event of a lockout by CITY,then the time herein fixed for the completion of the work shall.
be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or
extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15)
.days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of materials by CITY or delays by
other contractors or subcontractors, will be allowed and an extension of time for completion shall be
the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions are
disturbed, notify DPW in writing of.
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract
'Documents; or , I
(2) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally
recognized as inherent to work of the character to be perfon-ned under
this Agreement. DPW shall promptly investigate the conditions and if
it finds that such conditions do materially so differ and cause an,
08-1505/19652 8
increase or decrease in the time required for performance of any part
of the work. under this Agreement, whether or not. changed as a result
of such conditions, an equitable adjustment shall be made and the
agreement modified in writing accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall be
allowed unless CONTRACTOR has given the notice required hereunder
provided, however, the time prescribed therefor maybe extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to
CONTRACTOR will be made only for the actual quantities of
Agreement items used in
construction of the PROJECT, in accordance with the plans and specifications. Upon completion of
the PROJECT, if the actual quantities used are either more than or less than the quantities listed in
the bid schedule, the bid price shall prevail subject, to the provisions of this Section. DPW may, at
its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to CONTRACTOR where the. actual quantities used in
construction of the PROJECT are in variation to the quantities listed in the bid schedule, No claim
by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if
asserted after final.payment under this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and.
make such adjustment for extending the completion date as in its sole judgment the findings
warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the, work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
08-1505/1%52 9
deducted and retained by CITY and the remainder of the progress estimate, less the amount of all
previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty
percent (50 %) or more of the value of the work as determined from the bid schedule, and if DPW
finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum
as will bring the payments of each month up to one hundred percent (100%) of the value of the
work completed since the commencement of the PROJECT, as determined in i . ts sole discretion by
DPW, less all previous payments and less all previous retained amounts. CITY's final payment to
CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five
(35) days after the acceptance of the work and the filing of a Notice of Completion by CITY.
Payments shall be made on demands drawn in the manner required by law, each payment to he
accompanied by a certificate signed by D PW, affin-ning that the work for which payment is
demanded has been performed in accordance with the terms of the Agreement and that the amount
stated in the certificate is due under the terms of the Agreement. Partial payments on the
Agreement price shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall retain
beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and
deposit therewith of securities equivalent to the amount of any mo I mes withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the. completion of the work contemplated by this Agreement, CONTRACTOR
shall file with DPW its affidavit stating that all workers and persons employed, all firn-is supplying
materials and all, subcontractors working upon the PROJECT have been paid in full and that there
08-1505/19652 10
are no claims outstanding against the PROJECT for either labor or material, except certain items, if
any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection
with Notices to Withhold, which have'been filed under the provisions of the statutes of the State of
California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final, certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or Appointed officials, employees, Agents, and volunteers from and
against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and
consequential damage or liability of any kind.or nature, however caused, including those resulting
from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property,
arising directly or indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, caused in whole or in, part by any negligent act or omission of the
CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, including but not limited to concurrent active or
passive negligence, except where caused by the active negligence, sole negligence, or willful
misconduct of the CITY. CONTRACTOR will conduct all defense at its.sole cost and expense and
CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
08-1505/19652 11
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers' compensation and employer's liability
insurance. in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the
workers' compensation and employer's liability insurance and CONTRACTOR - shall similarly
require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance and
CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY,
a policy of general public liability insurance, including motor vehicle coverage covering the
PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while
acting within the scope of their duties, against any and all claims arising out or in connection with
the PROJECT, and shall provide coverage in not less than t I he following amount: combined,single
limit bodily injury and property damage, including products/completed operations liability and
blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate limit must
be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY,
its officers, elected or appointed officials, employees, agents, and volunteers asAdditional Insureds,
08-1505/19652
12
and shall specifically provide that any other insurance coverage which may be applicable to the
PROJECT shall be deemed. excess coverage and that CONTRACTOR's insurance.shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED. ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall,
famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; the certificates shall:
1 1. provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified withoutthirty
(30) days' prior written notice of CITY.
CONTRACTOR shall maintain the, foregoing insurance coverages in force until the.
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all the
policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on
all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured endorsement
to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed
officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approv al
prior to any payment hereunder.
08-1505/19652 13
22. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to
CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which
arises out of performance of this agreement within ten (10) days of receipt of such claim or claims..
23. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence,,
or fails to complete the work within the time specified, or is adjudged bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or violates any provision of this
Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such
Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default
by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may
make good the deficiency in which the default consists and,deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that CITY's
termination of this Agreement under this Section was wrongful, such termination shall be converted
to a termination for convenience under Section 24 and any damages shall be assessed as set forth'in
Section 23.
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or without
cause,, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice
to CONTRACTOR. In the event of termination, under this S ection CITY shall pay
CONTRACTOR for value Of work in place on the PROJECT through the tem-fination period less all
08-1505/19652 1.4
such payments already made. In case of such termination for convenience, the CONTRACTOR
shall be entitled to receive payment for work executed, and costs incurred by reason of such
termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or
CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's
sole and exclusive remedy for termination by CITY for its convenience. and. CITY, shall have no
further obligation to CONTRACTOR,
25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
26. NONASSIGNABILITY
CONTRACTOR shall.not sell, assign, transfer, convey or encumber this Agreement,
or any, part hereof, or any right or duty created herein, without the prior written consent of CITY
and the surety.
27. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant. to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the California Government Code.
28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to , all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, orany similar
legal document. This obligation shall be provided for in the labor and materials payment bond
required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars
08-1505/19652 15
($ 100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named
in an action to enforce such stop notices. CITY may setoff any unreimbursed cost or expense so
incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement.
� 29. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, p I o stage prepaid, and
depositing the same in the United States Postal Service, to the addresses specified below; provided
that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to
which subsequent notices, certificates or other communications will be sent:
TO CITY: TO CONTRACTOR:
City of Huntington Beach Golden StateConstructors, Inc.
Attn: Jason Churchill, Streets & Facilities, Attn: Ron Cochran
2000 Main Street 6162 Galipean Drive
Huntington Beach, CA 92648 Huntington Beach, CA 92647
30. SECTION HEADINGS
The titles, captions, section, paragraph, and subject headings, and descriptive phrases
at the beginning, of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of ma ters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
31. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
United States Code Section 1324a regarding employment verification.
. 1 08-1505/19652 16
32. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for. payment of any
subcontractor work involving legal services, and that such legal services are expressly. outside the
scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY. shall not.be liable for payment of any legal services expenses incurred by,
CONTRACTOR.
33. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees and the. prevailing party shall not be entitled to recover its attorney's fees
from the nonprevailing party.
34. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary. to which
the parties have no right to contract, then the latter shall prevail, and the provision of thi's
08-1505/19652 17
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary. to
bring it within the requirements of the law.
35. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
36.- DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to any
subsequent occurrence of the same or any other transaction or event.
38. COMPLIANCE WITH APPLICABLE REGULATIONS.
The parties to this Agreement agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. As evidenced by their execution of this Agreement, the
parties to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a, collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's representative of 'the
CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where, both employees and applicants for, training and
08-1505/.19652
employment positions can see the notice. The notice shall describe the Section 3 preference, shall
set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the persons taking applications.
for each of the positions; and the anticipated date the work shall begin.
CONTRACTOR agrees to include the Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will
not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the Agreement is.
executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed were not filled to circumvent the CONTRACTOR's
obligations under 24 CFR part 135.
CONTRACTOR agrees and understands that noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default,
and debarment or suspension from future HUD assisted contracts, and
With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C.
450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to
the greatest extent feasible (i) preference and opportunities for training and employment
subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian -owned Economic. Enterprises. Parties to this
08-1505/19652 19
Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b).
39. MINIMUM WAGES
All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3),
the full amount of wages and bona fide ffinge benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made.a part hereof, regardless of any contractual relationship
which may be alleged to exist between the CONTRACTOR and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section
I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
..such laborers or mechanics, subject to the provisions of .29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without regard
to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics perf6rming work in
more than one classification may be compensated at the rate specified for each. classification for the
time actually worked therein; provided that the employer's payroll records accurately setforth the
time spent in each classification in which work is performed. The wage determination (including
08-1505/19652 20
any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the
Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its
subcontractors at the site of the work in a prominent and accessible place where it con be easily
seen by the workers.
Any class.of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the Agreement shall be classified in conformance with the wage
determination. HUD shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be perfonned by the classification requested is not performed by a
classification in tbe.wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide ftinge benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
If the CONTRACTOR and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree on the .
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator
of the Wage and Hour Division, I Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt and so advise HUD or
its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
08-1505/19652 21
In the event the CONTRACTOR, the laborers or mechanics to be employed in the
classification
or their representatives, and,
HUD or its
designee do
not
agree
on the proposed
classification
and wage rate (including
the amount.
designated
for
ftinge
benefits, where
appropriate), HUD or its designee shall referthe questions, including the views of all interested
parties and the recommendation of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of.
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(b) or (c) of this paragraph, shall be paid.to all workers performing work intho
classification under this Agreement from the first day on which work is perfonned in the
classification.
Wheneverthe minimum wage rate prescribed in the Agreement for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another
bona fide ffinge benefit or an hourly cash equivalent thereof.
If the CONTRACTOR does not make payments to a trustee or other third person, the
CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fiinge benefits under a plan or program;
provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations
08-1505/19652 22
under the plan or program (Approved by the Office of Management and Budget under. OMB
Control Number 1215-0140.)
40. PREVAILING WAGE LAW.
The CITY has ascertained from the U. S. Department of Housing and Urban
Development ("HUD") the general prevailing rate of per them wages and the general prevailing rate
for legal holiday and overtime work in the locality in which the work is to be performed. for each
craft or type of work needed to execute this Agreement, and the same has been, set forth by
resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor
under it shall pay not less than said prevailing wage rates to all workers employed on this Public
Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee.
41. WITHHOLDING.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
CONTRACTOR under this Agreement or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage,
requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount 'of
wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee or helper, employed or working on the site of the work (or under the United
States Housing Act of 193 7 or under the Housing Act of J 949 in the construction or development of
the project), all or part of the wages required by the Agreement,. HUD or, its designee may, after
written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such
08-1505/19652 23
violations have ceased, HUD or its designee may, after written notice to the'CONTRACTOR,
disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the
respective employees to whom the are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act contracts.
42. HEALTH AND SAFETY.
No laborer or mechanic shall be required to workin surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the
Secretary of Labor by regulation.
The CONTRACTOR shall comply with all regulations issued by the Secretary of
Labor pursuant to Title 29 Part 1926 (formerly part 1518).and failure.to comply may result in
imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law
91-54, 83 Stat. 96).
The CONTRACTOR shall include the provisions of this Article in every subcontract
so that such provisions will be binding on each. subcontractor. The CONTRACTOR shall. take such
action with respect to any subcontract as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
43. PAYMENT OF TRAVEL AND SUBsisTENCE ALLOWANCE.
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence payments, is applicable to this PROJECT.
44. APPRENTICES AND TRAINEES.
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are einployed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
08-1505/19652 24
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered
in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage deten-nination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid . not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program- shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fiinge benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid
the full amount of ffinge benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted
08-1505/19652 25
to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will, not be permitted to work
at less than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The ratio
of trainees to journeymen on the job site shall not be greater than pen-nitted under the plan approved
by the Employment and Training Administration. Every trainee must be paid at not less than the
rate specified in the approved program for the trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fhnge benefits in accordance with the provisions of.the trainee program. If the trainee program
does not mention fringe benefits, trainees. shall be paid the full amount of fringe benefits listed on
the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full ffinge benefits for apprentices. Any employee
listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the. ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a
training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable 'program is approved.
08-1505/19652 26
45. PAYROLLS AND BASIC RECORDS.
Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during. the course of the work preserved for a period of three years thereafter for.
all laborers and mechanics working at the site of the work (or under the United States, Housing Act
of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly. rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that
the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act,,
the CONTRACTOR shall maintain records which show that the commitment, to provide such
benefits is enforceable, that the plan or program is, financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in provid ing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of the apprentices and trainees, and the ratios and wage rates p rescribed in the
applicable programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-001.7.)
The CONTRACTOR shall submit weekly for each week in which any Agreement
work is performed a. copy of all payrolls to HUD or its designee if the agency is a party to the
Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The
08-1505/19652 27
payrolls submitted shall set out accurately and completely all of the inforination required to be
maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent
of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of Management and Budget, under OMB
Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed,by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Agreement and shall certify the following:
. . That the payroll for the payroll period contains the information required tobe
maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the Agreement during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earn I ed, other than permissible deductions as set forth in 29 CFR Part
3;
That each laborer or mechanic has been paid not less than the applicable wage rates
and ffinge benefits or cash equivalents for the classification of work perfon-ned, as specified.in the
applicable wage determination incorporated into the Agreement.
The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the "Staterrient of
Compliance" required by paragraph A.I(ii)(b) of this section.
08-1505/19652 28
The falsification of any of the above certifications may subject.the CONTRACTOR
or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
The CONTRACTOR or subcontractor shall make the records required under this
section available for inspection, copying, or transcription by authorized representatives of HUD or
its designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit
the required records or to make them available, HUD or its designee may, after written notice to
CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR Part 5.12.
46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.
HUD or its designee shall upon its own actionor upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the CONTRACTOR or subcontractor. under any
such contract or any other Federal contract with the same prime contract, or any other Federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any
liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (2) of this paragraph.
47. SUBCONTRACTS.
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set
forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these
08-1505/19652 29
UTILITY. AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the CONSTRUCTION OF CURB ACCESS RAMPS, * VARIOUS
LOCATIONS, MAINTENANCE SERVICE CONTRACT # 453 (l)(we)(it)v;fll.empl0y and
utilize only qualified persons, as hereinafter defined, to work in proximity to any eledfrical
secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California
Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, isfamiliar with the
operation to be performed and the hazards involved "
The undersigned also promised and agrees. that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisionsherein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by'any said
subcontractor or subcontractors with the requirements contained herein.
Date.*.
Contractor
By
Title
r
C7151