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HomeMy WebLinkAboutWiton Construction Company, Inc - 1979-05-21 (6)WHC�t. PIECORDF.D MAIL TO: 0 ,CITY OF HUNTINGTON BEACH �pplNd Y Office n` the City Clerk iWourasIeo a I'. (`. BOX ] 90 Fti.1ntinrton licciclt, Calit. 92646 3061 !Ft NOTICE c 1F' COMPi,CE- T IO CC-469 BK 13688PG 1340 NOTICE IS IIEREBY GIVEN that the contract heretofore awarded by Lhe City Counci 1 of the City of Huntington Bench, California to WITOK 0ASTRUTIQN CQMPANY• INC. w,:o was the company thereon for doing the followinq work to -wit: the furnishing and installation of 501± L. F. of 12" Ductile Iron Pipe and 8901 L. F. of 12" Asbestos -Cement Pipe and Appurtenances Complete, across Harbor Channel to Countess Drive, CC-469, in the City of Huntington Beach, California. RECOR060 IN OFFICE "do" OF ORANGE COUNTY, CALIFORNIA 4 5 h.f` ] 2 P. M. AUG it 190 LEE A, EIlANCH, Counh► Wrr& That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 215 ay of July. 198Q_ That upon said contract the FIDELITY AND DEPOSIT COMPANY OF MARYLAND was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 21nd_ day of July —, ig 80. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WEN'1'WORTH, the duly elected and qualified City Clerk and ex- officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify* tinder penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLE'.10N 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 __.?2rid, day of sLX , 19 80 This document is solely for the orricial, bu,.iness of the City of" Huntington Beach, as contem- plated under Government Code Sea, 6103 and should be recorded free of charge. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 31 s • • CC-469 C O N T R A C T THIS AGREEMENT, made and Entered into as of tLdy , 19 7Q , by and between the CITY a municipal corporation, hereinafter referred to 14TIMLCONSIRUCTTO INC- hereinafter referred to as THE CONTRACTOR. W I T N E S S E T 11 the _Vst__day of OF HUNTINGTON BEACH, as THE CITY, and WHEREAS, in accordance with the provisions of Section 1773 of: the Labor Code, the State of California, Director of the Department of Industrial Relations, shall determine the general prevailing rate of wages, applicable to the work covered by the contract; copies of the latest General Prevailing Wage Determinations are on file in the office of the City Clerk and ma -de a part hereof. 7he supplenentary caiuitions attached hereto are part c,L this contract. WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and provided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment f?r the furnishing and installing of 510t L. F. of 12" Ductile Iron Pipe and 890- L. F. of 12" Asbestos -Cement Pipe and Appurtenances Complete, Across Harbor Channel to Countess Drive, CC-469 in said City of Huntington Beach, California, said work to be constructed according to plans, specifications, general requirements, and special provisions for same on file in the office of the Director of Public Works and adopted by the City Council of said City of Huntington Beach on the 6th day of I -larch , 19 79 , to which said plans, specifications, general requirements, and special provisions reference is hereby made, and by such reference they are made a part of this contract as if herein set out in full; and WHEREAS, the City Council at a regular meeting thereof and at the time and place appointed therefore received the report of the results of the bids submitted by the respecL•ive bidders for the construction and completion of the above mentioned work, and after careful consideration of all bids submitt.�!d the City Council awarded the contract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council. t� • NOW, THEREFORE, in consideration of the convenants and agree- ments herein contained, being done and pefcrzned by the parties hereto, it is hereby agreed as follows: I. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. II. Contractor agrees to receive and accept as full compensa- tion for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the unit prices con- tractor submitted in his proposal which was accepted by the City Council. A copy of said proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment: by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstruc- tions which may arise or be encountered in the prosecution or the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the require- ments of the engineer under them. III. City agrees with thA said Contractor to employ, and does hereby employ, the said contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the general requirements and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the convenants herein contained for the contract bid amount of $161 .740. QO which amount is subject to adjustment upward or downward dependent upon inplace quantity where applicable. IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptancecE the said terms of said proposal conflicting herewith. V. Bid Bond. The Contractor further agrees that his proposal shall be accompanied by a bidder's security in an amount equal to ten percent (10%) of his bid in accordance with California Government Cade Section 37931 et seq. 1 S VI. Performance Bond and Labor and Material Payment Bond. The contractor agrees to furnish, prior to the execution of the contract, bonds, covering the faithful performance of this contract and the payment of all obligations arising thereunder in such form and amount as the City may prescribe. VII. California Fair Employment Practice Act. The contractor agrees to utilize fair employment practices in accordance with California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name and seal to be hereto annexed by its Mayor and City Clerk, thereto duly authorized and Contrctor has set his hand hereto, the day and year in this Agreement first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: If, 2_2 72 By` �. ATTEST: APPROVED AS TO FORM City Clerk 1CPttoPheyQ The Articles covered by this Contract must �• 1, I r° STATE OF CALIFORNIA, l COUNTY OF LOS ANGELES ss. 'I ) I! ON__.-__ June 7 ---__ ......... .. . , 19 79 , before me, the undersigned, a Notary Public in and for said State, personally appeared Ted K. Pendleton WMy F1~ICIAL SEAL GEORGIA J. TIEK RY PUBLIC - CALIFORNIA ntirlEI E.s C11UN1Y ccmm. etpires NOV 1. 1931 :Iri o, 5aith Pasadena, CA ACNNO'NLEDGh'EN1—Gectral—Nbrcntts Form 232—Rev. 364 known to me to be the I person.___ whose subscribed to the within Instrument, f t and acknowledged to me that ____he__ executed the same. Il WITNESS my hand and official seal. a 2EE/' -I Georgia J • Tiek NoWyhublic in and for said State. .M VI. Performance Bond and Labor and Material Payment Bond. The contractor agrees to furnish, prior to the execution of the contract, bondo, covering the faithful performance of this contract and the payment of all obligations arising thereunder in such form and amount as the City may prescribe. VII. California Fair Employment Practice Act. The contractor agrees to utilize fair employment practices in accordance with. California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name and seal to he hereto annexed by its Mayor and City Clerk, thereto duly authorized and Contrctor has set his hand hereto, the day and year in this Agreement first above written. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: J� By .• ATTEST: APPItOVED AS TO FORM � ,7 r � I"-Z7 0 - q L/ L City Clerk uctto ey The Articles covered by this Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety. I certify that I have read the Foregoing and will comply. Date 6-,-7-�j XQ Witon Construction Co., Contractor Witon Contractor s Leg irm Name (Corporation, Partnership, Co -partnership, Joint Venture, Individual or corporation ) By Ted K K. Pendleton - By President _ Position or Title Position or Title " � 1 (EXHIBIT 9) SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 - LABOR STANDARDS (MUST BE INCLUDED IN CONTRACT AGREEMENT) A. (1) All mechanics and laborers employed in the const:•uction of project: shall 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 aze permitted by Regulations of the Secretary of Labor, .rt 3 (29 CFR Part 3), the full amounts due at the time of payment computed at wage rates not less than those contained in the applicable wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the applicable wage determination decision shall be posted by the Contractor at the site of the work in a prominent place whet. u it can be easily seen by the workers. For the purpose of this clause, contributions made of costs reasonably anticipated under ac:ction 1 (b) (2) of the Davis-Lacon Act on behalf of laborers or mechanics are considered wages'paid to such laborers or mechanics, subject to 29 C'FR 5.5 (a) (1) (iv) , which provides substantially as follows: The contractor may consider as part of the wales of any laborer or mechanic the amount of any costs 17easonably anticipated in providing benefits under a plan or prctjram described in section 1 (b) ' (2) (B) of the Davis -Bacon Act, or any bona fide fringe benefits not expressly listed in section 1 (b) (2) of the Davis --Bacon Act or otherwise not listed in the applicable wage determinaLi.on decision, only when the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of tho Davis -Bacon Act have been met. Whenever practicable, the contractor should request the Secretary of Labor to make such findings before the making of the contract. In the case of unfunded plans and programs, the Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Also for the purpose of this clause, r.egulai. contributions made or CO.StS incurred for more than a weekly period under plans, funds, or programs, but covering Ghe particular weekly period, arc., deomed to be constructively made or incurred during such weekly period. (2) Whenev(z!r the inin.imum wage rate prescribed in the applicable gage d.-!1.er•mination decision for a class of laborers or inechan'.cs includes a fringe benefit which is not expressed as an hourly wade rate and the contractor is al)l.i.clated to pay th.3 cash equivalent of such /a Cringe be"OLit:, if t_he UiLeresLud p�-irties cannot agree upon the cash e,;uivalcnt, thu questioll, shall be referred to the Secretary of Labor for determination (3) The term "applicable wage determination decision" as used herein means the unexpired wage decision, in ei}fect at the time construction starts, specifying the wage rates pre-, vailing in the locality in which the work is to be performed for the corresponding classes of laborers and mechanics employed on construction of a similar character, as determined by the -Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a--5) , including effective changes in the decision. Wage decision changes, such as modifications and supersedeas decisions, shall be effective unless, prior to their issuance by the Secretary of Labor, construction of the project has been started. (4) Any class of laborers or mechanics which is not listed in the wage determination and which is to be, employed under the contract shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by City to the Secretary of Labor. in the event the interested parties cannot agree oil the proper classification or reclass- ification of a particular class -of laborers or mechanics to be used, the question. B. (1) Payrolls and basic records relating thereto shall be maintained during the course of the work and preserved for a porion of three years thereafter for all laborers and mechanics employed in the construction of the project. lie payrolls shall contain the name, address and Social Security number of each such employee, his correct classification (including the wage -rate step of each apprentice), rates of pay (including rates of contributions or costs anticipated of the types described in section 1 (b) (2) of the Davis -Bacon Act) , daily and weekly number of hours worked, gross wages earned, deductions made and actual wages paid, Whenever the Secretary of Labor has found under 29 UR 5. 5 (a) (11' (iv) that tile- wages of any laborer or mechanic include the amount of any costs reasonably ant- icipated 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 commit ment to provide such benefits in enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. - (2) A laborer or mechanic who performs work on the project in more than one- class ificC-ition within the same workweek shall be classified and paid at the highest wage rate applicable to any of the work which he performs unless the following requirements are met: L. f (a) Accurate daily time records shall be maicitained. 'These records must show the time worked in each classification and the rate of pay for each classification, and must be signed by the workman. (b) The payroll shall show the hours worked in each classifi" cation and the wage rate paid for each classification. (c) The payroll shall be signed by the workman, or a signed copy of the daily time records shall be attached thereto. (3) (a) A copy of all payrolls, including those of all sub- contractors, shall be submitted weekly to the City by the prime contractor. The copy of each payroll shall be accompanied by a "Weekly Statement of Compliance" in the form specified in Regulations of the Secretary of Labor, Part 3 (29 CFR Part 3). The statement shall be executed by the employer (owner, partner or corporate: officer) or, if a copy of a current letter of authorization signed by the employer is furnished to the City, trio statement may be signed by the employee authorized in said letter to supervise the payment of the employees. In addi t ion each payroll of a subcontractor shall be accompanied by a certificate of the prime contractor, certifying that he or his authorized assistant has examined the payroll and found no evidence of violation of contract provision relating to labor, (b) A copy of any finding by the Secretary of Labor under 29 CFII 5. 5 (a) (1) (iv) shall be furnished to the City by the contractor with the first payroll submitted following receipt of the finding. (4) The contractor and all subcontractors shall make the records required under the labor standards clauses of: the contract - available for inspection by authorized representatives of the City and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. The subcontractors shall also make such records available to, and permit such interviews by, authorized representatives of the contractor.. C. Apprentices will be permitted to work as such only when they'are registered, individually, under a bona fidc apprenticeship program registered with a state apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Depart- ment of Labor; or, if no such recognized agency exists in a state, under a program registered with the Bureau of Apprenticeship and Training,,United States Department of Labor, 111hc allowable ratio of apprentices to journeyman in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.