HomeMy WebLinkAboutSILVERI AND LE BOUEF - 1987-04-06 D'EC.LARATION OF SATISFACTION OF CLAIMS
46/1. c Jr. ur: , state :
Name oE Contractor
1 . I am the general contractor for the City of Huntington
Beach, as to the project more fully described in the W
public works contract entitled
a n d dated
2 . 11 workees and persons employed , all firms supplying
materials , and all subcontractors for the
abuve-mentioned project have been paid in full .
3 . The following are either disputed claims , or items in
connection with Notices to Withhold , which have been
filed under the provisions of the statutes of the State
of California : ( if none , state 'NONE" )
I declare under penalty of perjury that the foregoing is true
and correct .
A_ f .: �/ day of
19
Ex cured at =-- i�tir�} AJ � ��� F L A on this r. ���
gnatu Cc ractY `�
GENERAL FORM !load No_L".� ._.--
I'V EM111M -NIL-
THE HAMORD
HARTFORD ACCIDENT AND INDEMNITY COMPANY
iisrtford Plaits
liartford, Connecticut 06115
KNOW ALL MEN BY 'THESE PRESENTS, That we, SII.VEI:I & LE BOIJEF JV
(hereinafter called Principal), as Principal, and HARTFORD ACCIDENT AND INDEMNITY COM•
PANY, a corporation organized and doing business under and by virtue of the laws of tlse State of Con-
necticut, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or
undertakings required or aud%oriyel by the laws of the State of CALIFOII NIA
(hereinafter called Surety)
as Surety, are held and &rmly hound unto CITY Or HUNTINGTON BEACH
(haviztafter called Obligee)
In the lust and lull sum of SIXTY-NINE: THOUSAND AND NO/100-----• --------------
Dollars ($ 69,000.00 ) lawful money of the United States of America, for the payment of which, well
and truly to be made. we hereby bind ourselves and our and each of our successors and assigns, jointly and
severally, firmly by these preaen:s.
THE
CONDITIONS Cr THIS OBLIGATION ARE SUCH THAT. WHEREAS,
Said Principal is required to guarantee maintenance of Public
improvements , withinCOIVTRACT &15C 26e; CRACK SEALING OF VAR i1SARIERIA STREETS
to ensure that work one a matey a s urns a are not a ect ve
for a one. year period from the date of f final acceptance of the
improvements .
NOW, THEREFORE, THE CONDITION OF THIS OB-UGATION IS SUCH , that if
the above Principal shall indemnify and safe harmless the CITY OF
UNTINGTON QC8CH against loss to which the
ma a subject y reason of said Principal' s st ure to mn nta n
public improvements relating to the above described bond , then this
obligation shall be null and void , otherwise to remain in full force
and effect .
-----------
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IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly
signed and staled this 12TH day of OCTOBER . A.D. 19 37
.SILVERI & LC, OI�EF..���!-.. ........._........................-[Seal]
• BY:
HA ORD �, GI,D,ENT AND INDEMNITY COMPANY
Iiy..... ..... ........................................
.... ......_-..
...KENNETH A. COATE. ATTORNEYAN-T ACT
_... .........��.......................... .... ........................
rum 1-11704 Pftmd M U.S k 3-141
On .��.'_ 1 1997 Wore me, the undersigned,State of CALIFORNIA .. . .. _ . . _._. .... .. .. a
,tiS. Notary Rihlic of said county rind state, personally appeared, personal';
CountYaj RIVERSIDE known to me or proved to me (in the nasis of satisfactnry evidence,
KENNETH A. COATE
known to me to be the Attorney-in-Fact of
HA;►TFORD ACCIDENT
t Ic Ci+rPoration that executrr�he within instrument,rnd known to me to
BARML M hk the person who o ccutcd the said instrument on bchnlf of ti#c
-iAHY Corlw3dan therein n1in:cd. and acknowledged to me that such C:nrpor-
lbw.Eon*kwq 9, 1"1 ation executed the sane.
MOM
IL
NO 'Af Y PUBLIC
1
r
HARtF091 ACCIDENT AMD INDEMNITY MPANY
.ranrra eawneel.cut
580340
DOWER OF ATTORNEY
Know all men by these Presents, That the 11AR7FORD ACCIDENT AND INDEh,INfi Y COM-
PANY,a cofpcva;-on duly organised utxfef the laws of the State of Connecticut,and having its principal office in the C.ty of
Hanfoirt.County of Hartford. State of Connecticut, does hereby make.constitute and appoint
VILLI M R. FAIIS, CAROL E. KnIMUTTO. R08ERT D. CUFMIHC
and KLNNETH A. COATE of RIVERSIDE, CALIFORNIA
its true and lawful Atio►ney(s)•in•Fact.r.ith 110 power and authority to each of sax!Attornrytsl-In-Fact.in their separate
capacity it more than one is named et+ove.to sign,execute and ack r Medge any and all bonds and undertakings and other
wirings obligatory in the nature thereof on beholf of the company in its busiross or guaranteeing the fidelity of pie► -ans
holding daces or public or private trust. guaranteeing the performance of contracts other than insurance Policies
guarante"the performance Of insurance contracts w re Surety bonds are accepted by states and municipalities.and
eaewI1n,g or giarrantee+ng bonds and undertakings if-quoted or permitted in ail tctrons aoceecirngs or by law atic,w�.
rrr
/Irri
and to bond tt+e HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fuUy and to the same eatent as if swn
bonds and undertakings artd other wrihvntnqs obl.IggaaI0ry in the nature thereof were signed fry an Executive Officer of the
HART'ORD ACCIDENT AND INDEMNIIYCOMPANYund seated anC attested by ort9 other o!such Officers.and hereby
ratnbes and conlirmc,all that its said Attorneyls)-.n•Fact may do In pursuance hereof.
This po..er of atlorne/ nS gtanted by and under authority of the fallowing provisions
111 By-Laws adopted by the StockhNders of the HARTFORD ACCIDENT AND INDEMNITY COf,1PANY at a m".1ing
duly tailed and held on ter_ Toth day of February_ 1943
ARTICLE IV
SECTION 1 Th.Pres.Qent ct ant Vic!-P,*%a*n! acing.wM am SKr Marl Ot All,starl SevetNy "a fV.e powoie""?Xr&r 10 ADOO•nt for
p,p o,soN tf RorWv"t Assnoa l S Je ar s+vW•norm"lo-a.-f tomli;and a "��tw�e�w .$4 in 01 Aft:sr*rAtiv r YK A� NwadCPrs�s.srara
4rx«ar`a Anvr"r'om4arl and rr.e.e"DO+w+w-d wtnrnny p..n to wn.
SEt ION It Ano►nels-•n-Fact srua"vv pow"aid x:nrxnsy utra U►ns twins awl IrrA&I*ry of the paver of&With Issuee tc iP..m 1:
execute af♦f Oeb.pn an bPW rA VW CO-Vany V4 to&Mach"seal tit W C6tA03,t irprMO arty,IM3 aI bw%ft a'.0 uNM71.1K,/,2h7 or%,—MTty`s
CtK}aKYr n tP.1 rytye ewr.ol.and aril Sus„ntlru'r.r+•f!eacLfeC Q►a,rr u.cP AMan.r M f ant-real!>s a1:•^.Jr✓1 upon r`!GJn^Lat1 as,f syr.ed be an
E r r..vu"Chic"ant f0&4pd a►0&M+I1H t.f OtM Otter►of suL'1 C.Mew 1
,2)Excerpt from the Minutes of a meeting of the Board of Directors of tone HARTFORD ACCIDENT AND INDEMNITY
COP.tPANY doy called and held on the IIth day or June, 1976
RESOLVED RafJsYt N H Serw AI"-o M Jew-Natd.nt and Trtornaa r Detan►f AsssteM VKe-Nesrowl shatroticf:►.a.e as"as"a yo4s
a..cr•crrcv rrr s&"pow"as arty Vice-Pretawm undid Secnxn e 7 and a at MKit w of V"Br LaaI cr?te cortvca^r
.(N%power of attorney is signed and seated try IaLstnnle under and by the authcvity of the following Resolution
adopted by the Difttcifs of the/HARTFORD ACCIDENT AND INDEMNITY COMPANY it a meeting 9cAll cared and held an
the ISM day of August. 1976
RESOLVED. that wfvt"s At twl N H ;~, AtlAtart v.ce Pret.pet.t and Thomis 1' De1a wv Awst&m Vice-P-&sdr-I.ac.trg win ary,
Secreurp Ix A ta.sraM Leveed each►K,1!Te prte.r&rid aun+pth as Inert&s K N-Aas sari open for Dwrotes orv►
d a aKN�are!arrstr+q brads ar+A tn)ertaa v�1 aM tYher wr eyt ottyta a.n etM hate•s r"er�t am of/rota Aft,%! rot Yrr P'"dents a 11,sta^i
^+ae!rws trlrl An_wvy,s«+ra;!
Npa th"P.00e rrr 1"twes 4 gush 00"s a/d Ir»featt7i t»tCorpanni may ve atMt vc to or`v suo mw vt of aMOrrrf r tO a^r e«efCaee t«et.rq
t+.e• M recse.•+e V"a-r ua^power Of anoint f I~ee•t,feate tmwwv au.Ikes.'ttrM sgr•rtve's IV t Ksm"SON►r,&II tv.Ora ad b iomg ur it tr.a
Cat"WI 4'10 Any Burr+POOP,M~CLO,d aryl c at,l+d by Ixsww sq'•arues ar•d UCsn.M svai Sh►7 be r a•d aria b4OW vop+7%,Corr•aa^v n IPA
tuh/r w•e1 re1(Y•;!'n any EYYd(r uhsretak I2910 ntor ri A is altactwo:
In Witness Whareol,tht! IIARTFOAU ACCIDENT AND INDFNINIIY COMPANY nos caused these wesents to be
signed by it:Assistant'bro-Pr"-dent,and its corporate spat to be horetd affixed.duly attested by its Secretary.this tst oay
ct Apes, 1983.
Attest HARTFORD ACCIDENT AND INDEMNITY COMPANY
e?%j
,,�etO t 1
' -A i
w•r sr►., s.rgrrrin
STATE OF CONNECTICUT. f Ropett v H Sari
:s &.list&to s+ee P•eLys'tf
COUNTY CF HARTFORD
Ofn tnfs tst day 0 Apra,A C 1983,before me pefsoia came Robert N. H Serter,tome known,who being by me duly
sworn.dig devese and say.that he relates cat the Courfyof Hartford.State of Connoecticut.that he is the Assistant Vice.
President of"HARTFORD ACCIDENT V.j INDEMNITY COMPANY,the cofporatfon described in and which exteciled
the abate Instrument, Mal he knows the, seal of said corporatlOn, that the seal afflaed to the said instrument is such
ccvpa,ate seal:that It was•,o 3111;tld rf Grder Of the Board or Directors of said corporahort and that he signed his name
thereto by 1:1,e circler,
,r,TATE OF CONNECfICUI. y aK 4 Mafofal Arxaw Pl.eec
st (t� 00,Ccmnasa:on Eawr March]',IMA
COUNTY OF HARTFORD, 1 I CERTIFICAI E
1.Uwe un4emiigqn td.Assistant Secretary of?rw HARTFORD.ACCIDENT AND INDEMNITY COMPANY. a Connechcut
Corporatrpn.DO NERFBY CERTIFY tftaitho foregoing and ahachN POWER OF ATTORNEY remains M full force and has
not Dien revoked.and fur•Ih•vi rnore.that Anode it.,Swoons 8 and tt,of the By Laws of the Company.and the Resolutions
of I"13oatd Of Dirwoios.Let forth or.ten Power of Attorney,are nt:w in force.
5igred And see!fb at Me City pl IlartiMd DaImI the 12TH clay or OCTOBE R 19 87
:r4
tint 9-3541'•10 Pt♦'M!r•U 1\ ♦ Wr Aalrararlf SK►afwy
City o: Huntington Beach
Department of Public Works
P .O . Box 190
Huntington Beach, Californ..a 92648
Attention :
Subject : Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act or 1972
Gentlemen :
The undersigned , contractor on
MSC-266 CRACK SEALINg OF Y 5
, STREETS AND HTMUAVA
Project 140. Tit e
hereby certifies that all laborers , mechanics , apprentices , trainees ,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates net less than those required by the contract provisions, and
that the work, performed by each such laborer , mechanic , apprentice or
trainee conformed to the classifications set forth in the contract or'
training program provisions applicable to the wage rate paid .
i
Signat.;re and Title `---
G:.'.
City of Huntington Beach
Department of Public works
P. O. Box 190
Huntington Beach, California 92648
Attention:
Subject : Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment opportunity
Act of 1972
Gentlemen:
The undersigned , contractor on
MSC-266 CRACK SEALING OF VAR 5
Project No . Title
hereby certifies that all laborers , mechanics , apprentices , trainees ,
watchmen and guards employed by him or by any subcontractor perform-
ing work under the contract on the project h.av;: been paid wages at
rates not less than those required by the contract provisions , an3
that the work performed by each such laborer , mechanic , apprentice or
trainee cc;iformed to the classii cations set forth in the contract or'
training program provisions applicable to the wage rate paid .
Signature and Title
.J
� ro
Ll
a in i:i R M HUNTINGTON BEACH + ��fi+r,i�
EXEMPT
i; Office of 11W City Clerti, Gt3 -;Z �► ITSEP 16'R1
L P. 0. Box 19Q
NOTICE OF COMPLETION �. 1�; ,.:,,�;.� ,,.UUI', ,�
NOTICE 1S HEREBY GIVEN that the contract heretof:;ry awarded by the City Council of
the City of Huntington Beach, California to �SILVERI & LE BODEF, 1800 E. f•IcFadden
yenue, Sar�.t Ana , California 92705 _
who was the company thereon for doing the following work to-wit:
crack sealing of various arterial streets and highways , and Route 1 and Route 39,
in the City of Huntington Reach, Project MSC-266
That said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the Cit;' of Huntington Beach and
that said work was accepted by the City Coitnci 1 of the city of Huntington Beach
at a regular meeting thereof held on Tuesday, September 8, 1987
That upon said contract the HARTFORD ACCIDENT AND INDEMNITY COMPANY
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach , California , this 9th day of September 1987 .
Alicia M. Wentworth
City Zlerk and ex-officio C erk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA ) by
County of Orange ) ss: Depu y
City of Huntington Beach )
I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach , California do hereby
certify under penalty of perjury , that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council .
Dated at Huntington Beach, California , this 9th day of September , 19 87 .
This document is solely for the
olficitil business of the City
of Huntinfton Beach, as contem- Alicia M. We'ntwbrth
plated »nder Government Code City Clerk and ex-offic o Clerk
sec. 6103 and should be recorded of the City Council of the City
i►ree of etiarse. of Huntington Beach, California
' w
by _ ___ — d:�� �
Deputy le
WHEN RECORDED NAZI T0� (:0 y F O R M E D COPY
MSC-266
E - ,! �• ppl�
• t�1oL Dompared with Original ,
LAT) OF HUNTINGTON BEACH EXEMPT 8777524048
Office of ttx: Co Clerk C y 3
P. 0. lb. 190
Nunlinvton l3rit h Calit 9264F
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract i•eretofore awarded by the City Council of
the City of Huntington Reach, California to SiLy[R1 & LE.BQU F, 1QQQ,_E. Mc td n
Avenue. Sapta Anii, Cal i j�n1 a 9�jQ� _
ahc was the company thereosi for doing the following work to-wit:
crack sealing of various arterial streets and highways, and Route 1 and Route 39,
in the City of Huntington Beach, Project MSC-266
RECORDED iN OFFICIAL RECORDS
Or' ORA14GE CCtUNTY CALIFC.MNIA
-2 os PM SEP 16'87
rcovwry
That said work was completed by said company accoro,lo,G to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was acceFted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on Tuesday, September 8, 1987
That upon said contract the HARTFORD ACCIDENT AND INDEM."IITY COMPANY ___.
was surety fer the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 9th - day of September 19 87 .
Alicia M. Wentworth
City Clerk and ex-officio er
of the City Council of the :ity
of Huntington Beach, California
STATE OF CALIFORNIA by w _,
County of Orange ss: Depu y
City of Huntington Beach
1. ALICIA M. WEI(MRTH, the duly elected and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach. California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that srid NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council .
Dated at Huntington Beach, California, this _ 9th day of September 19 97 .
this doeuzont is solely ter the
errlolal buslnesm or the Cliff Alicia M. Wentworth
of Huwtlr+!too S#oLh. as contes-
City er an ex-o
plated under Goverment Code �C10'�lerrc
See. 0103 and e>aoutd be recordedof the City Council of the City
Rees or chars,. of Huntington Beach, California
by 4EAP. gn
Deputy
REQ UESIPFOR CITY COUNCILOACTION '
Date AUGUST 201 1987
Submitted to: Mayor and City CouncA1 'S� F't''' Vt':
Submitted by: Charles Thompson , City Administrator . .%, ;' ----- '
Prepared by: Paul E. Cook, Director of Public w'orks '( �
Subject: Crack Sealing of various streets and highways , and Route
and Route 39 - MSC-266.
Consistent with Council Policy? [ Yes ( I New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE :
Silveri S Le aouef has completed the crack sealing of various streets
and highways, and Route 1 a,id Route 39 - MSC-266.
RECOMMENDATION:
Accept the Work completed by Silveri 6 Le aouef , and instruct the City
Clerk to file the Notice of Completion .
ANALYSIS :
This contract work accomplished crack sealing of 150, 000 lineal feet on
37 areas of our arterial highways and crack sealing of over 30.. 000
lineal feet on Pacific Coast Highway . The contract bid price amounted
to $66, 600 and additions to contract quantities amounted to Q400 for a
final cost c-f $G9 , 000.
FUNDING S0:7RCE:
Gas Tax funds in Account 740880 will be utilized for this project, and
the Sate of California will be invoiced for their share on Route 1 in
th,a amount of S15 ,000.
PIo a/31
CITY OF HLlNTINGT'ON EIC-ACH
t 2000 MAIN STREET CALIFORNIA 92648
Oi:FICE OF THE CITY CLERK
.tune 17 , 1987
Daycor, Inc.
P. U. Box 1156
Para�m, unt, CA 90723
We are returning your bid bond which was submitted with your
proposal for the crack sealing of various streets and highways
and Route 1 and Route 39 , in the City of Huntington Beach,
Project MSC-266.
The contract for this job was awarded Silveri b Le acuef of
Santa Ana.
We would like to take this opportunity to thank you for your
interest in submitting a proposal .
Alicia M. Wentworth
City Clerk,
A.TW:b t
Enc.
I Telephone.71"3"ZV I
CITY OF HL. NTINGTON BEACr-A
v •'
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
June 17 , 1987
Copp Contracting, Inc.
12507 S. Caiwnita Road
Whittier, CA 90605 •
We are returning your bid bond which v.as submitted with yeur-
proposal for the :rack sealing of various streets end highways
and Route l and Route 39 , in the City of Huntington Beach,
Project MSC-266.
The contract for this job was awarded to Silveri b Le Bouef of
Santa Ana .
We would like to taKe this opportunity to thank you for your
interest in submitting a proposal .
Alicia M. Wentworth
City Clerk
AMW: bt
Enc.
IT*Wplmx : 714.6:V62T1)
CIT'YeaF HUNTIN.GA3N BEACH
2000 MAIN STREET CALIFORNIA 92E48
OFFICE OF THE CITY CLERK
June 17, 1987
Silveri & Le Bouef
1800 E. McFadden Ave. , 4250
Santa Ana , CA 92705
RE: Con!,truction of Crack Sealing of Various Arterial Streets & Hwys .
& Route 1 b Route 39 , in the City , Project (II& MSC-266
Enclosed is your hid bond, a copy of the executed contract with the
City of Huntington Beach, a Certificate of Compliance form„ and the
Declaration of Satisfaction of Claims. The Certificate of Compliance
form and the Declaration of Satisfaction of Claims MUST BE RETURNED
TO THIS OFFICE AFTER THE PROJECT IS UOMPLETE. EUI PRIOR TO THE RELEASE
of- RETENITON FUNDS.
In addition, the r'nllowing itr.m must also be on file, :with this office,
before We C:ty can release any retention funds:
A :irrranLy bond guaranteeing the Final amount of work and materials
For one year. If your performance bond does not include specific
wording For a nne year a,arranty. then a rider or separate bond must
be Fuhrnitted.
Shr-ild you have w1v quest in- 5 or roncern, regarding tht• enclosures or
itrms that mi,:,t. bt- can file in ttii:; office pricer to release of retention
funds, please roll Uen ".oble. Contract Administrator , `+36--5441 .
Alicia M. Wt-ntwnrth
fiiv Flerk
.1f?V:i is
cc: DonNoble. Public Works Dept.
Encinsures: flid flnid
t:a:�h F��nl race:
Vo,trl. i 1 ir.-it r of f'ompl i anrt.-
Dvclar.ition of Sati!"nt:tion of Claims
(Toko one: 7148Jba227!
cj 'j'j FUI:I)LD PUBLIC WORKS CONTRACT P!-.-I'WEFt,' TPL
CITY OF HUr,"IING"FON- BEACH AND SILVEPI & LF BOUEF
FOR CIRACE SFAIANC 01" VARIOUS ARTERIAL STREFI-IS
ANIL T NID ROUTE' 39 MSC 6
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Cali I r :I r Tit
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arteri.i t
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c) i r f o r r-, -i id o r k
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a(I r e e a o
CC"! '.'P ACT 17 U 1-1, t o w.n e x r-I e n s e r
Clan t cati pmen t L;p p t ranspo r t a t. on , u t i es and
al I other i t;el-V c-' I I-I c- t i. c.,:, rieces sa r y I., o compl et e and
constrpIcL the PPU,;FC': 1 n a gond C-ind workman 1 ke manner .
CONTRACTIOR of all loss or
dar, age ar i sing nut of the nature of the F-RC)JECT , during its
progress or prior to acceptance , tram the action of the elements ,
fron', any unforeseen difficulties which may arise or be encountered
in the Frosecution o ! wo !- �: , an j : ('-jr all other Of any
de,13C r i t j ()11 C U 111-10 C V t t w o r k r! rj J, r 1(7 d
t 0 7 1 1?)i I If')rj
or i n n n r,c e T :7 n
or c-f)n t. nu,7ic�-. o i r Y c e p t r C. r .3
t:
--" . f, ('; : i t 111 r. I I -"rl o o r r, t:,,.
rv- the "'ark 41 t
t #.1 7-C r7
C!t?:1 c r t"C,
o r, r)
i r em e ri F o .7 7. i Of
t a C e evi
ii We it t (7, t. it
or, tih e Ll
a cC r d.a i c
C)t f)I
A r I
C TP, C'T ii la C k r)r d e f;-
all t-i- 'm S c()1).(1 t r a
t:h c- C o r. t r a t o c u in n t. r h C C
t i t e d 1
L -
r rr e anti r U T,or.
n e L i q a t i o r o f a r-,a It t. r 1r; 1-1 way upon
a n y opinion or r e p r e,3 e n t a t:
It J. q r e c�d t t i a t. Ir h e C r)ri t. r a c 7)c cu,r,P_n t arcs incorpor. ated
irAo this Agreement by t h . s reference , wi th the same force and
effect as it t h e s a,-.,e were s e t forth at. length herein , it nd that
CONTRACTOR and its subcontractor. , if any , shall he bound by sai(f
Contract Documents insufar as they relate in part or in any way ,
directly or indirectly , to the work covered by Chits Aqrf-cment .
2
" Contract DCCUments " as defined herein mean and include :
A . This Agreorr�ent ;
H . Bond.,: covering the work hereir. agreed Upon ;
The 'I'TY ' S standard Plan:, and S-eci f. icatiorrs and
special contracLual provi :- i ons , iricludin� t ?.00c on f i ie in the
office of the Director of Publ i ,_: Work! of. CITY anr. cador ted by the
City c:our,cil of CITY , and any revision:: , arr,enri;r.ent :j- (:)r addenda
thereto ;
D . :'he '.965 edition of Stai.dard Speci f i caLions for
Public 'Works Constr '.lctlon , published by BuiIC,er ' :: News , . nc . , 305t'
Overiarid Avenue , Los, ?,nge1es , California4l_!0 , 4 , and all amendments
I
thereto , written and prorGlgatod by the Southern; California
chapter of the .•'.mericar. r3ut� l is 'riorks As.,*ociat Lori anr thr-1 Southern
California District Ascoc ,. ated CeneraI Contractors of the Ca -
forni a Jo i nt_ Cooperative• Comm;4 ttee ;
did CIocument :; inc '_udinq they t:oticc Inviting Bids ,
tt.e Svc-. ial Instructions to bidders any: the Contractor ' s Proposal
( attached hereto .,s Eyhit-- it. "A" ) ;
F . The particular plans , specifications , special pro-
visions and addenda applic_atJle to Lhe PRO7ECT . Anything mentioned
in the Specifications .and not indicated in the Plans or indicated
ir. the Mans and not mentioned in the Specifications , shall be of
like effect as if indicated and mentioned in both . In case of
discrepancy b%;;:keen any plans , specifications , special provisions ,
or addenda , the matter shall be immedintely submitted by CON-
TRACTOR to the Department cf Public Works of CITY ( hereinafter
referred to cis "DPW" ) , without Whose decision said discrepancy
3 .
shall not be adju::ted by CONTRACTOR , save only at its own risk and
expense .
Should there he any conflict retween the terms of this
Agreement and the bid or proposal of CONTRACTOR, then this Agree-
ment shall control and nothing here_r: shall be considered as an
acceptance of the term:: of said bid. or proponal which is in
conflict herewith .
3 . COMPENS?tiT 1 ON
CITY agrees to pa,,,, and CONTRACTOR agrees to accept as
foil comFensation for the Faithful performance of this Agreement ,
subject to any additions o- deductions trade under the provisions
of this Agreement or the Contract DOCLIments , a sum of sixty sip;
thousand , six hundred dollars ( '66 , 600 ) , as set forth in the
Contract Oc,cument s , to be paid as provided for i r. Sect i rjr:s 1 , 6 ,
13 and 14 here'. n .
4 . COMMENCEMEt7T OF PROJECT
CONTRACTOR acarees to cormpncc the PPCJECl' w i thin ten ( 10 )
working dars after not ,-cc to proceed is issued and shall dili-
gently prosecut-_!. r1R0J C'r to comipletion within ninety ( 90 ) calendar
days from t: .�- execution of. this, Agreement b.y CITY , excluding
delays provided for. in Section 11 herein .
5 . TIME OF THE ESSP:C c
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
4 .
samples , and do all ot fie r th1'. rlgs necessary and inci.rienta1 to "the
prosecution of . ts -ork in conformance with the progress schedule
set forth in tr.e Contract Documents . CONTRACTOR ;hall coordinate
its work with the wort, or all other contractoi'::, , subcontractors.
anc; I:ITY forces working on the PROJECT , in a manner that will
facilitate the efficient- completion of they PROI)IFCT and in
accordance with Section 4 herein . CITY shall have complete con-
trol of the preriise,, or; whi cl, the wore: is to br perfo.-med and
shall have the right. to decide the titre and order ir, which the
various portions of the sisal i be performed and the prior : ty
of the work of other contractors , sut;contractor ,: and CITY forces
and , in general , all mattern concerning thE- t -L -wely ',id orderly
conduct of th►_-, work of CCINTRAi" OR or. the premises .
6 . C ifAI,GES
CONTRACTOR --hall adhere , t r i ct ly to the plans and speci-
fication,, :jet forth in the Contract Doc►►rents unless a change
therefror• is authorized in writing by the DP*t, . CONTRACTOR agrees
to make any and all changer , furnish materials and perform all
work necessary within the scope o:. the PROJECT as the DPW may
reau i r e in wr. i t i ng . Under no cone, i t i on shall CONTRACTOR inake, any
changes without the written order of the DPW , and CITY shall not
pay any extra charger made by CONTRACTOR that have not been agreed
upon in writing by the DPW .
When directed to change the work , CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
effect of the change . Should the DPW not agree to such cost
proposal , the work shall be performed according to the changes
5 .
ordered in writing by the DPW and the proper cost thereof shell be
negotiated by the parties upon cost and pricing data submitted by
the CONTRACTOR ; thereupon , CITY will promptly : slue an adjusted
chance order to CONTRACT�-.Z and :he contract price will be adjusted
upward or downward accordingly .
7 . NOTICE. TO PROCEED
D
No work , services , material , or equipment shall. be Der-
formea or furnished Under this Agreement unless and Until a notice
to Prcceed has been given to thf, CONTRACTOR by CITY . CITY does
notwarrant that the wort: site will be availat: le on the date the
notice to Proceed Is is.�ued . in event of a dela*. : n commencerient
of the wort: due to unavailability of the )oh, site , for any reason ,
relief to the CONTRACTOR shall be limiter, to a time extension
equal to the delay due to such unavailability .
B . BONDS
C01;TRACT0:1 shall , ;prior to -nt.erinq upon the performance
of this Agreement , furnish the following bonds approved by the
City Attorney : Ono? in the amo,int of ane hundred percent of the
contract price to guarantee the CONTRACTCR ' s faithful performance
of the work and to warranr such performance for a period of one
( 1 ) year after CITY ' S acceptance thereof , and one in the amount of
fifty percent ( 50% ) of the contract price tc guarantee payment of
all claims for labor and materials furnished .
9 . WARRANTI%S
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including , but not limited to , any workman-
ship, installation , fabrication, material or structural facilities
b .
constructed . CONTRACTOR , within ten ( 10 ) days after notice by
CITY of an,: rdefect in the work , shall have the option to make
appropriate repairs, or replace the defective item or items . Upon
expiration of such ten ( 10 ) day period , CITY may than make
appropriate repair or replacement at CONTRACTOR ' S rink and expense .
10 . INDEPI:NDEPT CONTRACTOR
: t is finderstood anc agreed that. the CONTRACTOR is , and
shall he , acting at all t imec h-ereunder as an independent:
contractor and not as ar emuloyee of CITY . CCiNTRAC70R hail
secure , at its expense , and he resf-.onsible for an,. and all payment
of income tax , socia_ security , stilts disah . lity insurance
comcensation , unemployme,�. comperisation and ol'—her p-yroll
deductions for `ONTRACTOP and its -f. ficers , agents and employees ,
and all business licenses , if any , ir; connection kith the PROJECT .
I . LIQUIDATED DAMAGE: /DELAYS
It is ayree.i by the parties t:ereto that in case the total
work called for hereunder is not in all party and requirements
finished or completed within tnf_ nurr.t)er of calendar days as set
forth in Section 4 herein , damage will be sustained by CITY; and
that it is , and ;could he , impractical anc extremely difficult to
ascertain and determine the actual damage which CITY would sustain
in the event of and by reason of such delay; it- is , therefore,
agreed that CONTRACTOR will pay to CITY, as liquidated damages and
not as a penalty, the sum of one hundred ( $100 ) per day for each
and every working day ' s delay in completing the work in excess of
the number of working/calendar days set forth in Section 4 herein ,
which sum represents a reasonable endeavor by the parties hereto
7 .
to estimate a fair compensation for tho foteseeable losses CITY
woulcd sustain in the event of and by reason of such delay; and
CO24TRACTOR acirees to pay said damager hose n provided , any: further
agrees that CITY may deduct the amount thereof from yiny monies due
or that may became due to CONTRACTOR hereunder .
CMISITRAC'_op will be granted an extension of time and will
r:oc Le asceS ;ied damages for ari, ;. Qrt :t?I7 of th,, d'elay ir. com- letior,
of the worl, dig_ to unforseeable causes hcyond :he control and
without the fault or neglig-enre of C0;:TPV"rr.c<, including , but not
restricted to , ,.act of' Oc.,d or o thf2 public enemy , fire , floods ,
epidemics , quarantine resttict : ons , strike:, , unsuitable w'eatt.er ,
or delays of subcontractors due tc:; such cauties .
CO'JTi?r1C�'=R shall , � i ' liir. fifte��r. ( 15 ) days from, the
beginnira of any such dela}- ( unles,s the DP,-,' shall grant a further
feririd of time prier to the. rate of f. in.il settlement of the
Agreement ) , not : ft. the DPW it: wr ; r znc of t h�, cause of the ,delay
and CITY shall extend the t i' me for c_c►mEleL .Jnq the wort f , in its
judgment_ , the fincini7s of fact therec.n istifv the delay; and the
decision of the DPW shall he conclusive. on the p:'.r t le s hereto .
Should: CONTRACTOR be de .l ayes in the prosecution or
completion of the work by the act , neglec. or default of CITY , or
should CONTRACTOR be delayed waiting for materials required by
this Agreement to be furnished by CITY , or by damage caused by
fire or other casualty at the job site for which CONTRACTtR 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
s .
herein -fixed for the completion of the work shall be extended by
the number of clay: t:he CONTRACTOR has thus beer, del 'ed , but no
allowance or extvfisi .)r1 shall be made unless a claim therefor in
Presented in writing to CITY withiri fifteen ( 15 ) dais of the
comme.—.-cement of such, delay .
;o claims for additional comper.sation or damages for
delays , irresFective of the cause thereof , and. including Without
limitation the furnishing of material by i, IT': or ck- lays b}• other
contractors or subcontractors , will be allowed and said extension
of time far comp let ior: shall be the sole remedy of CONTRACTOR .
12 . DIFFERING SITE CONIDI'i'10tdS
( 1 ' Not ice The CONTRACTOR shall pr cir-rpt ly , and before
such conditions are disturbed , rotify the DPii in writing of :
( a ) subsurface or later_t physical conditions at the
Job site differing materially frog, those indicated, in thi- Agree-
ment or the Contract Doc�urrents ; or ,
( b ) unknown physical conditions at the jnb site , of
an unusual natUie, differing materially from, t1:ose ordinarily
encountered anti generally recocni :ed as inherent to work of the
character to be performed under this Agreement . The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the
work under this Agreement , whether or riot changed as a result of
such conditions , an equitable adjustment. shall be made and the
Agreement modified in writing accordingly ;
9 .
( 2 ) rime Extension No claim of the CONTRACTOR under
this Section shall be allowed unless., the CONTRACTOR has given the
notice required hereunder , provided , however , the tire prescribed
therefor may be extended bj CITY .
13 . VARIATIONS IN E:STIMATE:D_ QUAHT7TI. E
The quanti t ie:.. listed; in the bid schedule will net govern
final payment . Payment: to the CONTRACTOR wi l 1 be made only for
the actual quantities of contract items rise, in con:truction of
the PROJECT, in accordance with the plans and specifications .
Upon comp.letioo of. the PROJ Cl', if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule , the bid price shall I%revail :subject to the provisions of
this Section . The DPF; may ,, at: its ::rlt= discretion , when warranted
by the facts and circumstance , order an equitable adjustment ,
ur,wards or downwards , in 1-,a.finent to the r_O►;iRAC70R where the
actual quantities uri_d in construction of PROJECT are in
variation to the quantities listed in the hid -schedule . r410 claim,
by CONTRACTOR for an equitable adjustment. in price or time For
completion shall be allowed if -tsserted after final p yment under
this Agreement . .If the quantit , variation is such as to cause an
increase in the time necesrary for completion , the DPW shall
ascertain the fact, and circumstances and make such adjustment for
extending the completion date as in it judgment the findings
warrant .
14 . PROGRESS PAYMENTS
Each month the DPW will mare an estimate in writing of
the work performed by CONTRIXTOR and the value thereof . From each
10 .
progress estimate, ten percent ( 10% ) will be deducted and retained
by CITY and the remainder , less the amourit of all previous pay-
ments since cornm:?ncement of the work , will be paid to CONTRACTOR .
When CONTRACTOR has , in the judgment of the DPW, faith-
fully executed fifty percent ( 50% ) or more of the value of the
work as determined from the bid schedule , and if the DPW finds
that satisfactory progress has beer, and is 1)eing made , the
CONTRACTOR may be paid such sum as will bring the payments of each
montl. up to one hUnored percent ( 100% ) of the value of the work
completed since the commencement of the PROJECT , as determined by
DPW, less all previous payments and less all previous retained
amounts . The final payment , is 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 dravi, in the r*anner
required by law, each payment to be ar--cmpanied by a certificate
signed by the DPW , affirming that the Work for which payment is
demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the: certificate is due
under the terms of the Agreement . Partial payments on the
contract price shall not be considered as an acceptance of any
part of the work .
15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense c:f CONTRACTOR, who shall
retain beneficial ownershir and receive interest , if any thrreon ,
CITY shall permit the substitution and deposit therewith of
il .
0
securities equivalent to the amount of any i-,,%nnie:- withheld by CITY
to ensure performancf� under Section 13 of this Agreement
16 . AFFIDAVITS 0r SATISFACTION OF CLAIMS
After the completion o: the woz k contemplated by this
Agreement , CONTRACTOR. shell file with the DPVVI its affidavit stat-
ing that all workers and person:; cernployed , all firms suF•,ply."
materials and all subcontractor !; upon PP.0JF.CT have been paid in
full and that there ;re no claims outstanr. ; nu against PROJECT for
either lahor or r,,? terial , except certain :. teals , : f any , tube set
forth in an affidavit covering disputed claims , or items ir; con-
nection with Notices to ►vi thhcld which have been f iled under the
provisions of the �itatuter- o: the State of California .
17 . WAYVE:R or CLAIMS
The acceptance by C0117RACTOR of tth-P payment of the f i nal
certificate ,hall con: tit:ute a waiver r,f all claims agaifist CITY
under or arising out of this Aq., eement .
8 . INDEMNIFICATION, DE: FENSF , HOLD HARMLESS
CONTRACTOR hereby agree; to protect , defend , indemnify
and hole; ind save harmless CITY , its officers , agents and
employees against arti and all liability , claims , judgments , costs
and demands , however caused , includiriq those resulting from death
or injury to CONTRACTOR ' S emploveps and damage: to property ,
arising directly or -indirectly our: of the obligations herein
undertaken by CONTRACTOR, or out of the operations conducted by
CONTPACTOR, regardless of the active or Passive nature of any
negligence by CITY , save and except those which arise out of the
sole negligence or role willful misconduct of CITY . CONTRACTOR
12 .
AOSRL
the
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C N T F A F 77
h r t2 U I I L.
A t t o r
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Lon of maid. P.
o!;
e tls t t7 r t a c
0 f S Ll Ch 0 11 C" c,-A. Lti u r a rtlC 3 -1- a f r c,r-. t: pro-
vi sions for ind:_�MniflCat C".
of this Agreer,ent .
13 .
CUtrTRACTOR shall require all subcontractors to provide
such 4Iorkers ' compensation Insurance for all of the subcon-
Tractors ' employee:-. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms cf the
Workers ' C--)mpensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation .
20 . INSURANCE
:-hall carry at al : tirre., incident hereto , on
all operations to be performed hereunder , bodily injury and
property darnage liability insurance policies including automotive
bodily injury damage I i abi 1 i ty i nsurunce , under-written by
i ..suranct. cog.; anie_s i n fnrms sr_ iSfactory to CITE tnr. all
or- o.'ratlGr. , sut)contract. worko contractu,:l obligations , product or
completed of'f_ rat ion:; chid all 11e1,,Icle and non-owned
-enicIr Said insurancf, polio.- es shag , name the CITY , its
* t ices :� , agAn�.�; :nc }rrf�lo},r ,ir;d <� 11 Wahl is agencies as
,:-�:,,rminer. t.y the C-71"- a:-; :r1.: it : onal Insureds . CONTRACTOR shall
stib: cribe for and m(: intai „ :: sic insurance policies in full force
,ind effer_ t dun(; the life l this A-:ireement , in an amount of n:,t
less than one million Dol : ::rs ( ." 1 , 000 , 0000 ) combineel single limit
coverage . CONTRACTOR shall, require its insurer to waive its
subrogation rights a(;ainst CITY and agrees to provide certificates
evidencing the same .
Before COtTRACTOR performs any work at , or prepares or
delivers materials to the site of construction , CONTRACTOR shall
Burnish to CITY certificates or insurance subject to approval of
rht C: c; Attorney evidencing the foregoing insurance coverages ;
14 .
said certificates shall provide the name and policy number of each
carrier and policy , and shall stage that the policy is currently
in force and will not be cancelled without thirty ( 30 ) days
written notice to CIT'i . CONTRACTOR shall maintain the foregoing
insurance coverages -n force until the work under this Agreement
is fully completed and accepted by CITY .
The requirement for carrying the foregoing insurance
shall not cerogate from the provisions for indemnification of CITY
ov CON'TRACTOR under Section 18 of this Agreement . CITY or its
representative shall at all times have the right to demand the
original or a cope of all saki policies of insurance . CONTRACTOR
shall pay, in a prrmpL and timely, manner , the cremi .:r^s on all
insurance hereinabove rC�(;uirer. .
21 . ')EFAUhT AND 'iEPMINATION
if CONTRACTOR or refuses to prosecute the work
hereunder with di l iqorxe , or fail :- tc camj lete the work within the
time specified , or is adjudged a bankruc: or makes an assignment
for the t.enefit cf creditor,,-, or becorne:: ircclvent , or violates any
provision of this Agreement or the Contract Documents , CITY may
Give notice in writing of it.s intent _or. to terminate this Agree-
ment . Unless the violation is cured wit► : . 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 exp _ ration 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
15 .
consists and deduct the resulting costs from the progress payments,
then or to become due to CONTRACTOR .
22 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOF% agrees that upon completion of the work to be
performed hereunder , or uFon earlier termination of this Agree-
ment , all original plans , specifications , drawings , reports ,
.:alculations : mdc,s anc: other documents pertaining to this Agree-
ment shall be deliverer: to CITY arjJ become its sole property at no
further cost .
22 . ilON-ASSIGUMBILIT1
CONTRACTOR shall riot c,c- l l , assign , transfer , convey or
encumber this Acreerrent , or an}- va► t hereo" , or ar.y right or duty
created herein , without the ;:prior writt-,�r: conser, t of LI'Tz' and the
surf_'ty
2.4 . C T'i -MPLOYFE'S AND OFFICIALS
CONTRACTOR shall fjo CITY nor any regular
CITY employee in the rorn performed pursuant '-cc this Agreement .
No officp&- or ern,-loye, olt CIi"i h,-ive - n ;: : nancial interest
_ n th: s Acrecriont ir, v olatlon f f Californ . a Government Cone
S►'Ctlons .C)90 E't S,eL' .
25 . A TORNE'Y ' S FEES
if any action of law or in equity becomes necessary to
enforce or interpret the terrr.s of this Agreement , the prevailing
party shall be entitled to r •2asonable attorney ' s fees , costs , and
necessary disbursements in addition to any other relief to which
that party may be entitled . If any action is brought against
CONTRACTOR or any subcontractor to enforce a Stop Notice or tlotice
16 .
0
tc Withhold which names CITY as a party to said action or by
reason of which CITY incurs expenses , CITY shall be entitled to
reasonable administrative and attorney ' s fees , costs and neces-
sary disbursements arising out of the processing of. said Stop
Notices , t:otices to Withhold, or any sirr.ilar legal document
necessary to the prosecution of such action . Said obligation
shall he provided for in the labor and materials payment bond
required of CONT_^.AC'101t . CITY may charge an administrative fee of
one hundred dollars ( $ 100 ) for every Stop Notice filed in excess
of two , regardless of whe "hor or nol,_ CIT1' is named in ar. action .
CIT'i may set off aray unreimbur :;ed cost or expense so incurred
against an,;: sum. cr sat.n owec' Ly CITY to COt+TRI,C'I'GR under this
Agreement .
20 . NO:ICES
A11 r#-:,yi: i red or hereunder shall be
del ivere,d i n pF-r:-on or by registered or certified mai to an
author iced representative of ths:' part- v to whrr, r;e i : :er;z is to he
:jade , at t !:c place of bus ines:r of Such I arty , or to any ether
place designated 111 W. itinc; b- sLlCh tarty .
27 . CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only , and the words containeL therein
shall in no way be held t.o explain, modify , amplify or aid in the
interpretation, construction or meaning of the provisions of this
Agreement .
17 .
28 . ENTIRETY
The foregoing represents the entire Agreement between the
parties .
IN WITNESS WHEREOF , the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day , month and year, first above written .
CONTRACTOR : CITY OF HUNTINGTON HEACH
SILVERI & I.E BOUEF
jEt, : rE Bi- USr , Pa r tner ` r
EDWARD B . SILVERI , partner
AT'I'E:J'f . i:PP11 77.,::D i:S �; F OPT; :
C_ ty Clerk ~_ — CA" Attorney
REVIEWED AND APPROVED : ItoITIATEP AND APPROVED :
Ci t;: Adn,i nistrator j ..} Director oz Public Works
C06?.L
1a .
Contract Bond Premium me ludnd in Prernrunt
Public Work California ... .�.� THE HARTFORD CharYad far I'rrlorman(.e Dund
Nartford Pinta, Ilartfurll, Connecticut 06115
LABOR AND MATERIAL PAYMENT BOND
�03
KNOW ALL mui HY TitE5t F'f2E.Si_1+T 5 g`�iV 4, �! �•+�:'��'i
Thatwe. ,r:ni u,� GIB• i
SILVERI 6, LE E10(1EF IV as Principal,
and 11ARTFOR1) ACC I DE N V AND 114[)F1.1NITY CW.1 PAN Y, ,1(;I,rp.)r Ali on or,;anite:d a i I d r•nsf ins;undrtr tru• laA of the State of Corine<;hcut ,Ind
authorized to transact surety bUsirICSs III tnp Slot of caIit.^.rn),7, d•.SurMy. are tie 111 and f I,flily t.,oim(i unto the State of C.if,ff,rnia for the use
ind benefit of the Stah: Ire-,surer as I,% otticio trr',tsurer an.1 cust(:tli.ln u) the• tinemi,,oinient f and and ,Iny and ll roriate►ldl;Iu.n, pe►sens,
companies or co-pnr,ltwns lurnl:.nlnt; materials, proiisians, prommter ur other %uppl)ers used in, upon, fcr or about the peilcrrnanrrl of Pie
work contrac!ed to he eretuted or ;)erfnrniied under the contract heroirmflei mentiontrrf, and all persons, compan;es or corporations renting;
or hiring te.)ms or irnrlr_•nrer.t:, or machinery, tar or r'.:ri!rihlJhnli to said work !n t)f• done. anti all persons performing Hnrk or labor upon the
same anti Ali persons Supplying Loth %crk and mate►Isis .iS ,flo►r!salrl, rrt the stint c;f THIRTY-THREE. THOUSANi)
THREE Ht INDR Eh AND NO/100--------------------------------- Uuuart(S 33,300.00 >•
lawful money of the Uniteu States of America, for till! p;liffnent whf'rf•nf en anti truly to be m:I.!e, we tiere•t;y tJlnd oursel•re!, our herbs,
executors, administrators. sucresscri and a5sihns, omtly and severalty, firmly 12) trl.rse pros!nt s,
SIGNED, scale:? 'pith our seats ar.d dated this 1 1 TE I flay of 71_►NE ly 87.
The eonJition of tht-fortis+;uln;;nuilgaticrl I% •,ki_h tt +t,wnerca•,thf-at•r),e t,r)unden T'r)ncipai tms e!nterrd in!a Lit ccnlioct,dated
i4 �Itrf CiTY LF H(:NTINETON BEACH
to do :imi prr!rrrn the• fallowing wori,, to wit:
CRACK SEALING 017 VARi IL'S ARTERIAL STREETS :AND HIGHWAYS,
AND R01.1TE i AND hi)1 '1'f 39. iN Till' CITY 0I VWNTIN'GTON REA.CH,
(MSC: 266)
NON THENEFOPE, if the ,tt'•,.• ! , Jn:f• 'i;:,+l, r)-
sub tOntrart0f, ft.,!S to p.11 fr ;tr,; r; �t.,.:.I( t"rl,•I',t,:,,,, t'rr,rn ),,. , t•„ tti r dr u;ir,f in, u;n?n, for r ab7.)t ti, P''rformvict.
. ! . !r 1 • ;1 ! t• r
of 111e AcJfF Ct)r,,r.l:!r.•: tr' ,7;n� :.!r 3�•! T�' <.-r !l1'.• } '. •!1Y V•.,�'. C! I:11`",r ;);rnr` .ir•r., �1 .. a.l� fit.`. ., ( ' }Jf .1tT1QUr)ti ( U under thf! Uri•
�•rT 11!t)y m e r,t 1n'Ura'1=r AL! e.Itt[ r.•!t!f" t t" ',.1:.!' �h�j!►, f''•• ���I'••t1 !•Itj t.^f1'1 v.�l) t."1 r' It'r' !•.1':U` ;1 a,'1 ,r:TIC,I tit f'Gt ev:ti !clitie We st.Jm !.;)ecl
fled in t►'is t'nn:!. awl, aI sr, ,1; C;11F''•Utt 111.t !:I .r,+(!Ilt`t;rl I!ll� 1,1;!1'f, I !. t;':'f,1Lir'all •fl,"t }r.{-.! t;0 '1•4"' t:)' t! t L•lllrt lnd 10 134,t.fxett.1%co-,t5
and to tSe! Inclvd! 1!1 Ittr• tU(1f;rtv•rt! •f' 1.1 n'r •fr ri a1 Pk(Nif)I.I) 'I. 11 !•11', r .,l ' , t :, 1 ! ; .,14, i'r..;C1i:.11 1:) :,;•T1tii) ,%Ittl !tie prowislon's of
Chac,tvr 7. Title YN r,f st;r• (;,;It irl.f !' t'f ,It;t ir,.ih'r tie .IL,11_rl•, ,f ..17 1 i !' Y'J f.•I.Ittfli; h) 'ut;h: 'v',or►. and hjl.iil:l� here•
uridetf is s'u ;j0ft !i' the i;r•)rI.,I!!f1;, no ,.1, !,or! n .i,, ! ;} t��tf^.7,11 1 tit•. 'f -irl., ,r�!i;-;n•. c f ''•'.. .. +JFS 1)f tt, `J.aty Ri c-oifornta r2•
ferr,d it' tt;e.reon .�n(1 W: amcrvl Itc:r! -!u !f c•f.
SiL VE:Ri N LE' B01 'El: :1V
I'll Y - -C 't-LG� lr� t,c lam- (SEAL)
Principal.
HARTroRD AC ENTTAND INDEMNITY COMPANY
By `' (SEAL)
Atto ney•i -fact. KfoNNE:TH A. COATE
i•9874.1 Printed In U. S. A.
Jll!r1 ', j1 �
Slum of CALIFORNIA fln t+.l+n a mc, the undcrsigneri, a
` .C.S N++tart' I'ul+ir� ��f 4:u�1�ountt, ;►r.�i �tntc. IK r�rnall�'ai+Ex arc�l,j�ersunally.
Crrttnlr nj RIYE.EtSiC)F; t►►+►+-n u) file or rro%cd to nit, or the h;►ki, of iali%facror) c%iclencc.
I-:Er411'gETH A
kfitm-n If me to be the Atl++rnc\ to f ,u•1 of
HAPTFO�RDTyACCCIDpENTY
EARS LO thin• E'� �(1=1r1 th��'"i11► 't�lfrr ►ithin 111%trutylent.Ind kilo I to me 10
NQTvYPur'u=Ut:•G1lfG+z A I%c the txr%on %kho e%c�utcd the -,:rid in%trurnent on behalf c)f the
a ' r P.VSIDE C4tM C'rrj,%ir;%Iwn thercrn n}mol. inn ;iAnoA lcdVed to me that such Corjx+r-
My Car: E,=irn lr;zM IS. 1991 ,Ir++n cscrutcct the ti:r.tr;
NOTA RV PUBLIC:
Stares nr CALIFORNIA 011 DUI' I Fkfirsc trn:. the undcr-if.ttcd. a
Notar% 1'uhlwof %;tnl c„uriN ;ml st oe. l►evonall% apl4:ared. pmonally.
Caur,ftrrr RIVF RSIDF knomi to me or lirmt-d v ruc ern the haw; elf +atislartnry c%tdcme.
KENNETH A (--(--.,ATE
knim n to me (o he the Att►rrne% in Vac' (if
HARTFORD ACCIDEti'T
t0 �rvp�� Nffv 90MP� X
�RBW`A c o halo in tha A ccu ct. t .c rthus itt%trurncnt, a►rd knna n tci me to
mr,AiYP1.43tJG,C&7DW fr the r rnrm µ1w execute►! the `aid instrument on hchmr of the
'�. RJ S10E C r Corp,rarinn therein navicd. arld ;IC krr►,%%ledge]to me that such Corpor-
PyC,^a- Egathns-I K 1"I atirm executed the same
t NOTARY PUBLIC
flond ►In.
Contract Bond
Public Work California _ .:� Till: HARTFORD Premium Charge
Hartford Plaza. Hartford, Connecticut 06115
PERFORMANCE BOND �n�y
KNOW ALL PAIN IlY Tlif.51. l"Ut5f NT5 „� �tt0 C�; C j t•'
That we,
1:)I• CSC t
vJ , , as Principal.
and the HARTIORD ACCIDENT AND 1110Lh1NITY COI.IPANY, a Corporation orgardied ;1nd egi5ting under the law-.of the State of Connecticut
nrd authorized to transact surety busrres; in the. State of Californl,s, As Surety, are held and firmly bound unto CITY O
IIIINT!NGTON BEACH
in the sum of -SIXTY-SIX TH011-?SANI) SIX HUN17)REII AN[.) .tiro/100--------- Dollars t$ 06,600.00 ),
la,ful money of the United Status of America, for the pay,rrent whereof, well and truly to be made., we hereby bind ourselves, our hens, exec•
utors, administrators. successors and assigns, jointly anu seaer,lly, firmiy by these presents.
SIGNED, sealed firth our seals. and dated this I I TI1 day of IUINE 1987
The condition of the foregoing oblipolier+ is tur.h that, wnereas the above bounden Pnrcipal has entered into a contract dated
19 , filth Said CITY 01' 111-IN'TINGTh1 BEACH
to do ano preform the fotlo.%ing wort, to wit:
CRACK -SC:\LING OF VAR101.!S ARTERIAL STREETS A`h HIGHWAYS.
t\ND ROUTE I ANn R0(.1T(_ 39. IN THE CITY OF fit INTINGTOrN Ill:,-NCH
tiUYY. Tllf-IiE, Oi;j .of!1po- G.ir ;.;r Iert 3',r• ii f;k, .111 .%(-,11r . !ru' ;',r•}; :u;r• !CIbr't'(;•f'. ,•.e`I, raLh rr'dallof th,+ requirerill-rat%
acd oblr,;;hurls cl tall !Q t'f, r:, 11. 1% r , -11,1 t tr.�;t ;rt 1r;rt' , !lire thts t� r'd '>!'„11l bt' .roll arld .t)lj; other-
Ifr;.t
SIL VETU " LE BOI. !EF JV
• B Y: L Z t-- L�� (SEAL)
Pr inClpat
HARTFCRD ACCIDENT-'AND INDE.IANITY COMPANY
(SEAL)
ONIV?�TH A. C:OATE
Form S•366E-t Printed In U. S. A
NARTFO ACCIDENT AND INDEMNITYOMPANY
n�r1i•,•t] Cunnact•c u1
POWER OF ATTORNEY
Know all men by these Presents. Trial vie HARTVC;RD ACCICC►iT Atl;, INOf':f•ttilT- CO►'• 560296
PAN1 :LC�..nt}(.ItiOn( ufy O(g:{ntl j untlef Ihp. M trip JIH!B of ConnHChctit dnd hdvinr]Its,(Ir1C:j d1 RthCr,n Ir,+•CIt j Cl
1latttOr(: County of ttartlnrc. 51me of Connecticut oc•+ts hateDy ntahe -]nst,lula and aj:pr•rill
VILLIAY. R. I'AIIS, CAROL E. `:L"iARLTTO/ AOEEA: B. CL'^Ur
and KUNET11 A. COATI elf RI1'ER_I1)E, rA'IF1,1FN1A
tS true!irld 111n1u1 AttC(rtrrlSr•In•Fa I ^1111 ! ar+a aL^r,;t,ty ttkn each of sa,n Fact ,n Ihr,r spar,ilA
ca,^.dGtr tttru to tr.vionips n,]•tlyd-ICT`-.p :J sign execule an(j JCknen'Ipj,7p arrj anJ all tY 1dS an�Ut+':t•toM"g:Jnt7 fJ�^Ht
r.1 nrv;S cNAgatJry ,n me tia%V,t]•PerFG!,`n t)olidil ,it ttl.+t,(npan In Its UtJS+ott.E ct qua►atllee!n]Ihp hrjr••ty'�f Fy?ricrs
L'+1Crs of ruviC I;( pr•v1!f+ 1(wit ),i)tantie,nCj me ppl�iirmanr.y of ccm,acls ol'ler Inan. 'nsura"CP .^.Ci,C.e5
r:.1(J+ttw�rrj tre C1ff orm3rve ni,Sur,arrce mltrJtts wt,ort• Sternly Winds aro 3CChj:lh]Cy Sta!MS a^^murl',ra,:110.5 rl^.
esQI:;Aung ur gu7fantert,rq vt fsas Iml Utiath(lair ru:1S For jU.ref!t)r porrrllttt-3,n ali acT.',nS
J1:t7.VnJ +P►fARTtr;R0 ACCIDE14T Ar':D I DE:t.fl)!T'i C,01.1PA rj Ir•Me�'j o5 '')'t' SnC L� IrN+:a•^' • fl�r� .t'� ' S'1r
CCn•OS ami unQenao,mip arct otliw ii fr•"no5 !rt" Att)rj rn IMP nalU'P f►»•fM)t rt••rn s noij tJy ari Elr 1 r,.t L? r .•. .^1 tn,.
HAPUCAD ACCIDENT AND INCCMNiTi 1,OMPA►.'IantjSPJi•'i2iint-1allt!t.!Ct)iI)rprtrf':It;s:ha ?C.-s t . '.l1rF�!
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9•j'wZt'j:tSASS:?I1"t':v:n.f�'faSdrhl il'Nl'TS•:Orjv,•)',1'r51•d;tJ:y+IwrPt:)dt':IP3 C.:iY ltlr9'••ilCl:fSr!fplll'j L. L Ir;tJl'.
�.t A�r,I i•'.�1
Anr•t -.1LRTFCn0 ACCIDENT a►iC 'rCE'.t►f1Ty CCNIPAr..
STATE OF MiNECrrut , N�:,�„►. rl 10e
•x JSt 1'Ir• ,i ir.,�,•Y
COUNTY Oi: ►+AATFt)RD I
On tris 41 ray of Aprll..A D 1963.tr;l,;r f-+e t*ts.mait)t:.]me notwrt N N Sener to nw,,known uR3 zoiitr'q try rre Qj1,j
swC'n id cleoc4e atld:.aj� that he reS,jes/n the C'our-!y of Ha,IILVJ Stale of Corinec'ticut,mal rip is I'+N Assistant.Vice-
Fre%id,Wt a►1ha WrITFgcio ACC1DEriT Ahb I►�DE-WilTy GOMPANY TM,CO(,Xation dpSCI101KI if,W-4 which . utN1
"ADO+A 'nstrld".Irnt. teat hn krcws Tt:C Seal Of S111 ccrPolallor: Inal IT:w spa: Alhaed tJ the Sala ,nStr Urront Is Suct,
CMOXII?e Sp3!. hilt it Ma5 50 all,%t4J^y C1ft`•'►of tl:P tdJJrd of Uion_-rs of sa j icrrCo-a!,,on�anC;1h-3t ty! S,gneo its njr:�!
Irevelo tty I'iF(velar
STATE OrCONNECTICUT,
rt �Ry;v V. 1AY-^3? tvm
C_0UNr`f -OF HAAT!'CF+G. 1 CERTIMCATE
t,ill-11 unioKrc:gn+d ats)SI1nt Secretary of tr►f HARTFORD A.CCIDENT AND INDEMNITY COMPANY.a Conn3CILCut
Iv:xvarxjn.DO HERESY CEP TIFY mat mr. fcta(jo'nq and atlzched PlYiNER CP AT TOR► E Y tomatns In h,a lofce.Snrl has
rol t)oen/t•rckP(: an0 furtnerm to ! w itirts,:* S/ 5,-0, rt:'•8 arx!11 M lhrl P.PSCv-v'I'l
rrt th9 Nara al 0aPClr)(3 RrT form Ir thg"slop p(Jkv..(noy arp new :r fotcP
C C r e t t INE 15 7
yrprw#hU SrA'•*'j at thf! ,,,t� 1113/Tt d D tPC .!te I Tt!� I.ay o!
s+! Otl.d A rlywa�
/Orfr1 S 7SA�•LD r..l+r.;r u S a l Atrtrr\I Sac+Na>r
a a
•
-717
11•,' t 1;Tt•,CA f i ,.iSUE.h At. A ►AATTEi1 Of t+,P Ofi"Ali nPill At,, ON; ;FtS
!ri!t-af,Ws GIr,-' .+I :AR';t,t-A'.1 ItOIUFh T''US CEATIF,I.a'f DOES !.,.,T .%VI..W,
R'.Chrlr�l A. h:.i l c'� Til till t".11ll�' f ,•I NO pN V -it COO t•r,A Af'r CJW:4 Hv rNt Vi;. .:_:LS NF.I'i;r
P.O. Box 20 i,- 10 3
Tustin, CA. 91080 COMPANIES AFF(,-PCity(- COVEnAGE
k 14) 5 50-10—.
A
• !':i`: jtU:: �.::1+:.It;.1:. !:;SL'R:>.::C (�ii"ll:i::'r:
1801) E.
Silllta An.i, CA ').'70 "1 U �.f�tv � h•
ILI �ii�fHtS�c7ZI11E�tiN:fYa1..i.41..S:ta..ecr*1^..uG ht.)r Its 1,7 '.�i Air:Jail s•, f. U. . f A,. •.. . , . ,��... ! .. 'G .UA�'
t1
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1.
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A tl
.t
. EICEY, LA11117v _
thJAlKEttS' Ciltl�(P�SA!u,'•P,
A ! AND N:'!:(;i I`1 '• ' +•',G', `?Il •, �'�b S 1 1-�i7 IUQ,
t.MPLOYE1ti l!ANlrT•,
00
,
I
JOB: CP.,1C'K SF,d.I;;G OF ;'ARTOUS; ARTERIAL STREETS b HIGHWA'iS, ROUTE 1 VND ROLrrE 39. (MSC 266) .
CERTIFICATC HOLDER T.S 'NAMED AS ADDITIn:�AI. I`.SU'RED FXCEPT FEG:If li G VnRKEFS ' CQ:iPE:I5ATIQti
CITY OF {{U;ITIhGTQ'� BEACH
AP T Of THE dJt�vt 0E:,4:1t,DED PCA ICIES aE CANCU LED EUFc�E THE EX.
P1R.TI014 OATF. 7.IEREDf, iNE ISSUING COMPANY Vv,Ll !f7tAet11'QI:Sx�
INSUR)OXE & BE?NEFITS DIVISIO!, mf;:- 30 DAYS Wk1TTEN NOME TO 'HE CE147IFICATE Hctcrm NAMW TO 114C
P.O. Bar. 190 LEFT,Ek+{Rck RuMAs;x�at:t�xx�t�s:xvrrK:t
�2#'..+.�tX:lf'�4t,.t'fib^k�7f�C�c�lf�E!cl;:+la�cxttn;utcrts�vust~trtrx�cx._ ____. __.
I{tintingtnn Beach , CA 9: 63M .,:
.. •, .
City of Huntington Bach TO
Insusin:e t, dinefits Division _
P 0.Bo, 190 CITY OF HUNTINGTON BEACH. CALIFORNIA City Attornry � w_
r:unungton CA 92fr16
A MUNICIPAL CORPORATION
This it to certify that the policies o! Insurance as described below have been issued to the insured by the undersigned and are in force
at this time. If these policies are cyricelled or chanked in such a manner that will -!fect this certificate, the insurance company agrees
to give 30 days prior written notice, by mail, to City of Huntington Beach, Insurance and Benefits Division, P. 0. Box 190. Huntington
Beach, California 92648,
Name cif Insured SILVERI b LE BOUEF_ JV
Address of insured 1800 E. McFadden Ave . , Ste 250 , Santa Ana , CA 92705
Location of Work or Operations to be performed C r�k,Sealing of Various Arteria1 S t r e,e i s 6
Highways , Route 1 and Route 39 (MSC 266 )
Description of Work or Operations Per nhrtrr
POLICY nATES LIMITS OF LIABILITY Name of Insurance Co. &
POLICIEt;ioN FORCE POLICY NO. Effective Expiration (n Thouandt It1 l self Insured Retention or
P Owductible.
GENERAL LIABILITY
I`I COMPREHENSIVE FORM
l � PREMISES — OPERATIONS C I P 8- 14 -86 8- 14-87 s 11000 , CSL Mission American
0062199 Each Occurenu Insurance Co .
I%I EXPLOSION AND $ 2 , 0 0 0 P D D e d .
COLLAPSE HAZARD
I?I UNDERGROUND HAZARD
I y PRODUCTS COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE
I BROAD FORM PROPERTY
DAMAGE
INDEPENDENT
CONTRACTORS
I 1 PROFESSIONAL LIABILITY/
ERRORS&OMISSIONS
AUTOMOBILE LIABILITY
I�'1 COMPREHENSIVE FORM
CIP 8- 14 -86 8- 14-87 s 1 , 000 , :fission American
I•a OWNED 0062199 csL Insurance Co .
Each Occurenee
1%3 HIRED
i4 NON-OWNED
EXCESS LIABILITY
I 1 UMBRELLA FORM S
( I OTHER INSURANCE
COVERAGE
WORKERS'COMPEySATION
AND 8 2 WC 1
Waiver of subrogation from' 0 14 17 9 4 A 8- 14-8 6 B- 14-8 7 $ 2 , 0 0 0 , 0 0 0 .
Worker' Compertsetbn Mission American
Insurance CO .
Insurer,
Additional Ir.,ured Endorsement: The insurer agrt:es to provide an endorsement to each policy shown abov- as follows (excluding
worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,
committees, commissions, boards and any other Cary Council appointed body, and/or elective and appointive officers, servants or
employees of the City of Huntington Bosch,when acting as such are additional Insureds hereunder.Such insurance is prim iry and not
excess or contributlnato a�xother Insurance of the City of Huntington Beach.
rav�.�Qarta�aRa.ayt.aA t�arfmtso,r�av�•�• `^^�tL�ssu` sar�aavozsaca ic-
This certificate is Issued as a nutter of infornsation,This certificate is not on insurance polky and does not arwr►d,extend or sitar the ccverage a9arded
by the policies listed herein,Notwithstanding►ny requirement.farm or condition of any contract or other docurneat with respect to which this certificate
of irtswence may be luuod or may pertain,the Insurance afforded by the ooliciss described herein h subiect to all fho terms, exclusions and contfitions•ef
Such po"es.
Richard Kaley Insurance Service Hissi.on American Insurance Co .
Agency or iWokanigis Insurance Company
P 0 Box 2025- 105 . Tustin , CA 92680 P O Box 1600 , Orange , CA 92668
A` rem-
Richard Kaley or Martha Boehl ' t �-- � 6 / 10/87
Nerve Of Pwrsjn to be ontaet Authorized Signature rt Date
( 7 14 ) 5 5 U— 1 t7 4 4 NOTE:Authorized signature may be ilia agents If agent has placed Insurance
Telephone ndmber through an agency agreement with the insurer, it Insurance is brokered,
authorized signature must be that of an official of the insurance company,
SEE REVERSE SIDC FOR HOLD HARMLESS AGREEMENT
The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us fcr the issuance. -rf a permit or
license; and that it be kept current for as lung as that permit or license is In force.
The certificate you now have on file with the City will expire on the date shown on bottom of mailing label. Please have your agent
submit an updated Certificate of Insurance. on this form prior to this expiration date. Failure to comply may result in the cancellation
of your permit or,license and the closing down of your operation or event. This is the only notice of cancellation you will receive from
the City of Huntington Beach.
THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL.NAMED INSURED.
All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, P.0. Box 190, Hunting•
ton Beach, California 92648. If you have any questions, please call this office at 536.5990.
DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
The undersigned Insured Contractor, a Sole Proprietor/General partnership/Callfo►nla Limited Partnership/California Corporationi
Other (you must circle the appropriate choice or till in the Wank) hereby agrees to defend,
indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter collectively referred to as
City) from any and all loss, damage. cost. expense, liability, claims, demands or judgments arising directly or indirectly out of the work,
project, event or other purpose for which the accompanying certificate of insurance is'provided, regardless of the active or passive
nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City.This
agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (indemnitor) and,the
City (indemnitees). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of
the Insured Contrt•.-tor. Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to
City or may be awarded ro City by a court of competent jurisdiction.
SiGNED: By: Title:
By: Title:
If a Corporation, TWO OFFICERS must sign; or. In 'he alternative, present satisfactory evidence of your authority to bind your
Corporation.
PIO 6/86
e, CITY OF HUNTINGTON BEACH
Insurance & Benefits Division
P. 0. Box 190
.��I,.Lgw NKw Huntington Beach. CA 9?.848
RE' •� ,..QUEM FOR CITY COUNCOA►CTION
Date April 291 1987
Submitted to: Honorable Mayor and City Council A1'11'R0VEv Bl- CI'T1' COUNCIL
�� I
Submitted by: Charles W. Thompson, City Administrator(.•W '
19
Prepared by: Paul E. Cook, Director of Public Works��
Subject: Crack Sealing of various Arterial Streets and Highways, .44
TY CLV"-
and Route 39, in the City of Huntington Beach. MSC-266
Con,iistent with Council Policy? (x) Yes ( l Now Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinn Source, Alternative Actions, Attachments:
STATEMENT OP ISSUE:
Pursuant to City Council approval of April 6, 1987, bids were received April 28, 1987 for
Crack Sealing of Various Arterial Streets and Highways, and Route 1 and Route 39.
REOOMMENDATIC:d:
Accept the low bid submitted by Silveri & Le Bouef Company and authorize the Mayor and
City Clerk to execute an appropriate contract in the armunt of $66,600.00.
ANALYSIS:
On April 6, 1987, the City Council approved the plans and specifications for the Crack
Sealing of various Arterial Streets and Highways, and Route 1 and Route 39. Bids, as
summarized below, were received and opened on April 28, 1987. There were four (4) bids
received for the subject project from six (6) companies who picked up plans and
specifications.
CONTRACTOR BID AMOCNT
Silveri & Le Bouef $66,600.00
Dayctre, Incorporated $73,400.00
Copp Contracting $85, 720.00
Cote Mark, Incorporated $99, 360.00
The original estimate for the work was $97,500.00, therefore the bids are considered to
be satisfactory and the award is recornnended.
KMIDIM SOURCE:
Bid Amount $66,600.00
Construction
Contingencies (25%) 16,650.00
Total: $83,250.00
Gas Tax Funds ir. Account 740-870, which have previously been designated for maintenance,
will be used for the work, and Caltrans will reimburse City up to $15,000 for sealing on
Route 1 and Route 39.
ALTEMTIVE ACTION:
1. Award a contract to an alternate bidder.
2. Reject all bids and forego project.
P10 !!CI
Tuesda ril 28 1 7 - 10 a.m. 40
DATE: Y+ AP +
ENGINEER' S ESTIMATE:
JOB AND CC NUMBER: MSC-266 - R UrE #1 and Route 029
plus various streets and hicjuways, crack sealing
BIDDERS NAME TOTAL BID AMOUNT
1. Asphalt Cbnsultanb, Incorporated
2. Copp Contracting p
3. Co to Mark, I nco rpo.ra ted 3(p'�
4. Daryco r, I ncc rpo ra bM. 173 0, (�
4
5. Goss (7onstruction Company, IncorporatedI�Z-/00
'
♦�
Authonted to Publ'Sh Ad►ulloWnunlS of 3110 rnt-'uding publlt •
notices by t)scres of the Suporpot Court of Or ,e County,
Caiplornie• Number A•6211, dated 29 September 1961, and
A-24531 dated 11 June 19E3
STATE OF CALIFORNIA
County of Orange •,b,.. aorr• •d.ftl." co.u.d
Or IN• •M04.41 -6 641 A 1 ppuN
win 00 O•ct cov.n -drn
I am a Citizen of the United States and a resident of The abaft auantmft are
spproalnfats only. burp
the County aforesaid, t am over the age of eigl-teen TWIX•NO� I asa basis
Perimbids.
and Me city
years. and not a party to or interested in Ihf. Uelow of Hirnff i �
m ' do"
HO
ME WMMfO not wpm" or,by knpUes-
entitled matter I am a principal clerk of the Orange I M�2M• tta� agree that the actuet
srrto�ant of work wM tor-
Coast DAILY PILOT, with which is combined the MMr�'� ?:o tesportd, Varewfeh but rs-
the City Count•o the ply d swm tie right to tncresse
NEWS-PRESS, a newspaper OI general circulation. Huntington,Beatty. Call. or decrease the arrrount of
g lomia wet r K*" saaisd any lass or porom of t.'►a
printed and published in the City of Costa Mesa, �°a�An�8�� �`' � �a an Carol ty
Count of Orange. State of California. and that a the eaof Public
cy
Hfghrra;,ys,and Raga 1 and tM �Director of Public
y 9 Naats 2g In figs City of Hine- Worts.
Notice 0} __Inviting Bids Inmon Beach, Catlfornla In We e 7MN b e corrioa ed
_. -- -_ ...._ .___---______-_ sceordance with Q0 pant an Pw basis of tM Director
end specifications and of PAec Works astimats of
_ __._—._---._. —•_----__-_ _ __,_-_-._ spocial picrywom an fug in the quanuves of work to be
tM office of the D4eeto►at done.
Public Works. Docurr►enis 8ubf!lfutloii of,fecuflttee
will be svelot^frt on April 9, for any monleo by city cny to
of which copy attached hereto is a true dr.J complete im. A chotgo o1 •2500, him pulortrw+oo WW be
not•refundable. will to re- perinil ed M::aatardonm
copy, was printed and published In the Costa Mesa, qtsdd for each set of apecb � of th s�
Newport Beach, Huntington Beach, Fountain Valley, MECTORO+=Pueuc Sectioneyl0.•
WORKS ESTIMATE E&A bid anal be merle
Irvine. the South Coast communities and Laguna WORK TTEM;ouAf1TTTY out on a form to beobtairled
1. Creek saw" VVUL" at the allies of the Modal,
Beach issues of said newspaper for . two street$ and hlghwayt; of Puff: Works. D9vollo�-
150,000 Li. Mont Wing. =0 Ns
consecutive weeks to wit the issues) of 2,,Crsm $OMA g Route 1 IStreet,
h
and leaps 91k.28,000 LF. California;; AM be saMed
in accordance with ft and fed with the CRY CWU
ptivtafom of Section I M of,M C %Center. Second
a ua tJ<bor Coda.ma slate err v Admirdt tratlon DjW-
of c6ownla.Ddsctor of the Info 2000 Matti Strook sufa-
A Dapu"WI of Induetrtst Rat- 'note' Beech, Carwornis on
198__�_ woons she! det"** tM or before 10�0 a.m.of Apra
_._� -. . . - ___-.•. 19owal ptara" rate of 29.tgd1.end%Sal be open-
ww". applicable to It* a Comrnftles cam.
April 17 7 work to bat done: oophs of tad of the CRY pert,I"
_.. _._._.----__-------__--•--_---____-_ , 198______ the taint affeiral wage rate Att
dNer+Nr►atbna ere on Me at Pu 'it, oA it
the oltice of tM City CW% &Ahortted rep owfoflrs
end the otftca of the DftdOt and the nwAs of said bid-
- 198 _ of Public Kotts of that C"y of ding will!bentppi led to the
Huntington Basch, Call. ply%;oynee of said City al
low � Uo^t t gulairorill tan tlr- tt at hod
►+guiar rrtsstic- to be t+eld
-- -------------.--------- __ _ ... ----_._ I98 __._ .. log.thvwithp form, on Monday. 9 nth of
n-Ay bt obtalined st Vie of- ". 1941, at Isle hour of
lice of en Div scfor of Putift 1:30 pm In the City Councti
Works,City Hal.Hunl*W.on CAafflW t In the Chia
Beach.California. Csnia of"Ad City,of Hunt-
1q bld wee be repelled tore- ftim Baack and " be
We is Is made'on s blank acted UW-by told City
form fterk had by the Dirac- Counrtl at the rwAv moot-
ta of public Works, no "�'" t-of Mty 1•;1 1.
I declare, under penalty of perjury, that the sparfat attention of of Hunt�,yon
propepactive bidders to leesch. CWfornla reeerrea
foregoing is true and correct. row to the propow to. the right 1-3 to*t any or el
Q lrwronts, ast forth In the Nds,and to @0W the bid
"CMI OW-41,lot hail aretr doomed to the but Ir111treat
Horn as to IN biddtno. of Ita City of KmUnoton
asack.Callorrra.
Executed on _._�i il1.7 , 199 .7_ By cedar of the till Coun-
cH of the City of Nwithtglon
at Costa Mosa, California. beach,C.a l"lathisAprtfe,
lost
ATTEST:
{ Aads Wentworth, City
-�---5
Signature~ ' I I paubtahea mange Coast
Daft MbtAVU 10,IT.WW1
PROOF OF PU13LICATIOIJ
FX-/,D ev
REQUEP FOR CITY COUNCOACTION
.o
Date
March 12, 1987 �yGtti
`1 Gltti � 1 f
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator 0,
G
Prepared by: Paul E. Cook, Director of Public Works /
Subject: The Crack Sealing of Various Arterial Streets a i, ays, and Route 1
and Route 39, in the City of Huntington Beach. . -266
Cansistent with Council Policy? M Yes ( j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Specifications and Notice Inviting Sealed Bids have been prepared for the Crack
Sealing of various arterial streets and highways, in pursuance of maintenance
programs.
,XXX MENDATION:
Approve the Specifications and authorize the City Clerk to advertise for bids.
ANALYSIS:
The Department of Public Works maintains a street condition inventory with notations
of. various types of maintenance needs, one of w;Uch is Crack Sealing utilized to
extend the life of the asphalt. pavement. Aging, traffic usage, and weather cause
cracking Which permits water penetration and deterioration of structural values.
Crack Sealing Will prevent water penetration and further deterioration of structural
values. The streets selected for the project are those used by the most traffic and
have severe cracking.
FUNDING SOURCE:
Gas . Tax Funds , in Account 740--870, which have previously been designated for
maintenance, will be used for the Work which is estimated at $97,500.00. The
Department of Transportation to reimburse the City upon completion of work on Route 1
and Route 39. The State has agreed to fund up to $15,000.00 for the state highways.
ALTERNATIVE ACTIONS:
Do not fund the project.
Ch'r:PEC:DWK:mj
000
Rio ire.
y I
CRACK SEALING - 1987 - MSC-266
WARNER AVENUE - P.Q.H. TO ALGONQUIN
WARNER AVENUE - SPRINGDALE TO EDWARDS
SLATER AVENUE - SPRINGDALE TO GRAHAM
GARFIELD AVENUE - NEWLAND TO MAGNOLIA
BANNING AVENUE - MAGNOLIA TO BUSHARD
GRAHAM STREET - HEIL TO MEADOWLARK
GOLDEN WEST STREET - BOLSA TO YORKTOWN
NEWLA 1D STREET - HEIL TO SLATER
NEWLAND STREET - ADAMS TO P.C.H.
MAGNOLIA STREM - ADA.MS TQ INDIANAPOLIS
MAGNOLIA STREET - YORKM414 TO GARFIELD
BUSHARD STREET- ADAMS TO INDIANAPOLIS
BUSHARD STREET - ATLANTA TO BRCOKHURST
ADAMS AVENUE - NEWLAND TO LAKE:
ROUTE 1 -- SANTA ANA RIVER TO SEAL BEACH CITY LIMITS
ROUTE 39 •• ROUTE 1 TO WF_STMINSTER CITY LIMITS
NOTICE INVITING SEALED BJIDS
MSC--266
Notice is hereby given that the City Council of the City of Huntington Beach,
California will receive sealed bids for Crack Sealing of Various Arterial
Streets and Highways, and` Route, l and Route 39 in the City of Huntington
Beach, California in accordance_ with the p13ns and specifications and special
provisions on file in the office of the Director of Public Works. Documents
will be available on April 9, 1987. A charge of $25.00, not refundable, will
be required for each set of specifications.
DIRECTOR OF PUBLIC WORKS ESTIMATE
WORK ITEM OUANTITY
1. Crack Sealing Various Streets and Highways 150,000 L.F.
2. Crack Sealing Route 1 and Route 39 28,000 L .F.
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 to be
done; copies of the latest general wage rate determinations are on file at
the office of the City Clerk and the office of the Director of Public Works
of the City of Huntington Beach, California.
Plans and specifications, together with proposal form, may be obtained at the
office of the Director of Public Works, City Hall , Huntington Beach,
Cal iforn'ia.
No bid wi it be received unless it is made on a blank form furnished by the
Director of Public Works. The special attention of prospective bidders is
called to the proposal requi r,ements , set forth in the specifications, for
full directions as to the bidding.
The above quantities are approximate only, being given as a basis for the
comparison of bids, and the city of Huntington Beach does not express or by
implications agree that the actual amount of work will correspond therewith
but reserves the right to increase or decrease the amount of any class or
portion of the work, as be may deemed necessary or expedient by the Director
of Public Works.
N�1
I
db
All bids will be compared on the basis of the Director of Public Works
estimate of the quantities of work to be done.
Substitution of securities for any monies by the City to insure performance
shall be permitted in accordance with provisions of the California Government
Code, Section 4590.
Each bid shall be made out on a form to be ob'taine&at the office . of the
Director
ifor�ia' ; shall be sealed andnfi�led9with�he City Cle' rk ,atUthe Civic m Main St
Center, Second floor Ad`" ` g in
ia�
ministration Buildin 2400 Main Street, Huntington
Beach, California on or before 10:00 a.m. of Aril 28•- -1987, and shall be
opened by a committee composed of the City LIerk, r the City Attorney and
Director of Public Works or their authorized representative and the results
of said bidding will be reported to .. the City Council of said City of
Huntington Beach at their regular meeting to be held on Monday, the 28th of
A ril , 1987, at the hour of 7 :30 p.m. in the City Council Chambers-Tn`-the
civic enter of said City of Huntington Beach, and shall be acted upon by
said City Council at the regular meeting of May 18, 1987 .
The City of Huntington Beach, California reserves the right to reject any or
all bids , and to accept the bid deemed for the best interest of the City of
Huntington Beach, California.
By order of the City Council of the City of Huntington Beach, California this
April 6 , 1987.
ATTEST:
Alicia Wentworth
Mty—Clerc
11-2
BM PFCPOSAL Fps
Firms Name
Zb the Honorable Mayor and City 0=ncil, City of Huntington Beach, California
In conpliruce with the notice inviting sealed proposals for the CRACK SEALING OF
VARIOUS STREETS AND HIGHWAYS , AND ROUTE 1 AND ROUTE 39 IN THE CITY OF
HUNTINGTON BEACHi CALIFORNIA . (MSC-266 )
I hereby propase and agree to enter into a contract to perform the work herein
described and to furnish the materials therefore according to the plans, speci-
fications and special provisions for the said work and to the satisfaction of
and under the supervision of the Director of Public Works of said City of Huntington
Beach, California.
The undersigned has not accepted any bid from anY m1boontractor or materialman
through any bid ,depository, the by-laws, rules or regulations of which_'p�rohibit
or prevent the aontractaor h considering any.. bird sz�tx�oaitractor or
materialman which is not processed said bid depositary,, our which prevent
any s4 oo tractor or materialnun from bidding to any cont racbor who does not use
the fak.lities of or accept bids from or through sunk bid depositary.
,Fbi the furnishing of all labor, materials and equipment, and or all incidental
work neoessary to deliver all the hiprovements cx:plete in place in strict con-
fommity with the plans, specifications and special provisions, on file in the
office of the Director of Public Wb►rks, city of Huntington Beach, California, I
propose and agree to bake full 1-%ayment therefore at the following unit prices, to
wit:
ITE24 APPF43{3MATE ITEM WnH UNIT PRICE UNIT {
NO. CCANrI'I'Y WRITTEN IN WORDS PRICE TOTAL i
I
i
1 150, 000 L . .CRACK SEALING VARIOUS STREETS
AND HIGHWAYS AT '�'
PER L . F. 54/Gin�
2 28, 000 L . .CRACK SEALING ROU E I AND
ROUTE 39 AT
I PER L . C . 04S 12, 6COA
TOTAL
(4�1 boo
P-1
It is understood and JL that the to quanti es sham in the foregoing
proposal schedule are solely for the , se of Zacilitat.ing .the oM of bids
and that the contractor's cou"nsa. will be coquted upon the basis of the actual
quantities in the ompleted wank, whether they be more or less; than those shown
herein at the unit prices bid in the ?zoposal schedule.
The undersigned understands the contract time limit allotted for the contract is
.sn calendar days.
if awarded the cm;iiact, the undersigned hereby rgrees to sign said contract and
furnish the necessary bonds within ten (10) days of the award of said contract, and
to begin work within ten (10) days from the date of approval of the ormtrac:t by the
City of Huntington Beach, California.
Zhe undersigned has examined carefully t ,,e site of the work eontenplated, the plans
and specifications, and the proposal and contract forte therefor. The submission,
of a bid shall 'be conclusive evidence, that the bidder has investigated, and is satis-
fied as to the conditions ,to be erxmmtered, as to the character, quality, and scope
of wank try be p�erforned, the quantities of materials to be furnished, and as to the
requirement of the proposal, plane, specifications, and the contract.
Acc mpanying this proposal in bw(n P 's .►r� c$ ��'%C )
NDMCE: Insert the words "Cash, " "Certified Check," or "Bidder's Bond," as the case
may be, in an amount equal to at least 10 percent of the total bid price, payable
to the City of Huntington Beach.
The wilersigned deposits the above name security as a proposal guaranty and agrees
that it shall be forfeited to the City of Huntington Beach as liquidated damages in
Case this proposal is accepted by the City and the un dersiTwd shall fail to execute
a contract for doing said work a;d to furnish good and sufficient binds in the form
set forth in the specifications and contract docurents of the City, with surety
satisfactory to the City within 10 days after the bidder has received written notice
of the aw&rd of the oontract; otherwise said security shall be returned to the under-
signed.
Licensed�in� a with an actproy_iding for the regist±ation of contract Lice
No
iv
Signature of Bidder
Business Address I fto �. ���iIAN)MI nv--
LI, ��.�
Place of Residence
Dated this r� day of p�� L 19 bi
Bidder sha11 signify receipt of all Addenda trere, if any:
Addendum No. Date Received BiWer's Signature
1 "3
a;
PROPOSED
WaMMM R EOUNS) CF RIMER
Bidder is required to supply the following information. Additicr al sheets may be
attached if rwoessary.
1. Firm Name: S I LVCe 1 i O TCLIEF SV
2. Address: 1600 A e. W N (lVC, Al 3. TelephonE: (714)543.1gK
Q
4. Type of f izn-..�vidl; partnership, or oorpo;ation: .
S. Closporation organized under the laws of the State of
6. Oontractor's License Number: `t H I b i
7. List the names and addresses of all embers of the firm or nan- s and titles
of all officers of the corporation:
knot 1. you Zb (MANOrl MWYOTI- BAN L
1 �Ioal SIL-VEP-I qV'D 1116101 ibt- A-M,'Ji l Ab-VJ t�EAC'N CA-
8. Ntrnber of years experience as a oontractor in oonstruction work: r)J A('1
9. List at least six projects acmpleted as of recent date:
OCNTRACr C OUSS GF DME
AMOUWr WORK CQvJ I= ?W4F., ADDRESS 6 P)M NLPE CP 'CMM
C ;•j 1.ro-l��, Gi AC::
CCC. 1
(:Qr.,c �� O�0.1-
(o cc. rpao IBC. i ol��- �,�. i`�rc � �J �-�t��ot� C�13)s C: 3�I
��.�.�� '1 Pa.), rC�r aC( �, ( /. It( tr t G' ti',) ` G
kl s'I ,5 eu, �t in
.t• � j, fail y' 0�- R =('Ek' �c rLa
`%5 �d-
� 1 tY x
10. List the mane of the person who inspected the site of the proposed work
for yrxxr firm: �-
Date of Inspection: n(? I L
11. If requested by the r-ity, the bidder sha11 fv ni.sh a notarized financial
statenmt, financial data, or other in& mrstion and references sufficiently
callrre wnsive to Permit an appraisal of his current financial condition.
P-4
DESIGNATION OF SUBCONTRACTORS
in compliance with the "Subletting and Subcontracting Fair Practices Act" being
Section 4100--4113 of the Goverment Code of the State of California, and any
ameutrents thereto, each bidder shall set forth below the name and location of
the place of busireis of each subcontractor who will perform work or labor cr
render service to the prime contractor in or about the construction of the cork
or inpr+oveme,t in an amount in excess of one-half (1/2) of one percent (11) of
the prime oo ,Itractor' s total bid, and shall further set forth the portion of: the
work which will be done by each subcontractor. Only one subcontractor for each
portion shall be listed.
If the contractor fails to specif}, a subcontractor for any portion of the wrirk to
be performed under the contract, he shall be deemed to have agree) to Ferfozmm such
portion hinrelf, and he shall not be permitted to subcontract that portion of the
work except under the conditions hereinafter set forth.
Sub'letting of subomtracting of any portion of the work to which no sucontractor
was designated in the original bid shall only be pemtitted in cases of public
emergency or necessity, and then only after a finding reduced to writing as a
public record of the Legislative Body of the owner.
Pt�TICN I STAB LSCEN3E
PC "nCt4 SZ BLXZgM CiW S NAME AND ADDRESS ?� CL
ASS
t
i
I
i
wow
1
By submission of this proposal, the contractor certifies:
1. 71,at he is able to ar+d will perform the balance of all wwk which is
covered in the above subcontractor listing.
2. 7bat the City will be furnished copies of all sub-ox-)ntracts entezx.d
into and bonds furnished by subcontractor for this project.
P-5
'this is to acknowledge that a cashier's check in the amount of
$10,000 which was submitted in lieu of aid bond for MSC-266,
crack sealing of various arterial streets and highways, and
Route 1 and Route 39, in the City of Huntington Beach , has
been returned to Cote Mark, Inc.r�
Received by
Dated
1l�
1
,..._. 854210
�--0\1\ lU LT� ' BA\k CgH1ER5 CHECK
29S5 FLETCHER DRIVE
LOS ANGELES CALIFORP41A �pC�oS
GATE Agri 1 27 t�3a7
r T9 87 1222
PAT TO
THE ORDER OF CITY OF HUNTINGTON BEACH • : : e • • t R * • e + 10,000.00 - -
DOLLARS
10% Bid Deposit
Contract OMSC-266
Cote Mask, Inc. l /.
4UT«0alZLD SK,N►TUPt
MISS ', 2 LOII' 1: 1 2 220347 In y000 780 311,
DATE: TLmday► April 2B, - 10 a.m.
ENGINEER' S ESTIMATE:
JOB AND CC NUMBER: MSC--266 - Fo YM- 11 and Fbute #29
plus various streets and hichways, crack sealinq
BIDDERS NAME TOTAL BID AMOUNT
1. Asphalt Oansultant, Incorporated
2. Cbpp Cbntracting �� 7 z jj. 0 0
3. (bte bUxk, It= porated
�3 yao , oc
4. Dayc or, Incorporated /
5. Goss Construction Ompa y, Incorporated