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TED R. JENKINS - 1983-06-06
ArtIcle IS - LIQUIDATED DAfAAC'I::5 lip case the total work called for hereunder In all parts and requirements is not finished or crynpleted within the number of working days »3 set forth herein, damage will be scstained by the CITY, and that it is and will be impractical and extremely difficult to ascertain and determine Ow actual damage which the CITY will sustain in the event cf nind by reason of such delay; and it is therefore agreed that the CONTRACTOR will flay to the CITY the sum of Dollars ($ ) per day for each and every calendar day of delay in finishing the work in excess of the number of calendar days prescribed; and the CONTRAM"OR arrees to pay said liquidated damages herein provided for, and further agrees that ti-i CITY may deduct the amount thereof frorn any monies due or that nnay becorne due the CONTRACTOR hereunder. The CONTRACTOR will be grintE-d an extension of time and wi:l not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herel-i for the completion of the work: due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the fxib.lir_ enemy, fire, floods, epidemics, quarantine restrictions, strike and unsuitable weather, or delays of subcontractors due to such causes. Th? CONTRACTOR rhall within ten (10) days from the beginning of any such delny (.jnless the CITY shall grant a further period of time prior to the date of final settlement of the agreement) notify the CITY in writing of the cause of the delay, and the CITY shall extend the time f - completing the work if in its judgment tN! cause so merits. The CIT Y`S determi m-Al on an this matter shall be final and conclusive on the parties hereto. No extra compensation shall be paid as a result. of any such delay. Article 19 - ATTORNEYS' FEE In the event that it Is necessary to institute legal proceedings to enforce any condition of this agreement, including those for indemnification and iraurance, then, the prevailing party shall be :warded a remonable attorney fee. -6- i IN WITLESS %VHE.REOF, the CITY has caused its name and seal to be hareto annexed by its Mayor and City Clerk, thereto duly authorized and CONTRACTOR has sot his hand'hereto, the day and year In this Agreement first above written. ATTEST: "CITY" ay City i_lerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City AdTninistrator City Attorney INITIATED AND APPROV►*D. "CONTRACTOR" Directc:r, Public Work3 Contractor's Name (Corporation/Partners hip/Co-Partnership/ Joint venture/IndiAdual or Circle one -7- i APPENDIX u CHANGES - COhISTRUCTION (1) C:hanrm Order. The City Engineer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of' the agreement, including but not limited to changes: (3) hi the specifications (including drawings and designs; (b) in the method or manner of performance of the work; (c) in the City-furnished facilities, equipment, materials, services, or site; or (d) directing acceleration la the performance of the work. (2) Informal Change. If the contractor believes that a change has occurred by reasnr. of City conduct (including actions, inactions and written or oral communication) engaged in by a person expressly ressly authorized to administer this agreement on behalf of the City even though no f ormal change order has been issued, the contractor shall notify the City Engineer after he identifies any such City conduct and assert anv claim for equitable adjustment to which he may consider himself to be entitled. Later notification sha:l not affect the contractor's rights upon the contractor's showing that the City is not prejudiced by the delay in notification. (3) Equitable Adjustmen, If any change under this clause causes an increase or decrease in the contractor's cost of, or the time required for, the performance of any part of the work under this agreement, whether or not changed by an order, an equitable adjustment shall be made and the agreement modified in writing accordingly. (4) Time Period. Within 30 days after receipt of a written change order under (1) above, unless such period is extended by the City, the contractor shall assert any claim for equiptahlp adjustment to which he may consider himself to be entitled. Later notification shall not affect the contractor's rights upon the contractor's showing that the City is not prejudiced by the delay in notification. (5) Claim After Final Payment. No claim by the contractor for an equitable adjustment hereunder shall be allowed If asserted after final payment under this agreement. -8- DIFFERING SITE r-MNDITIONS (1) Notice. The contractor shall promptly, and before such conditions are disturbed, notify the City Engineer in writing of; (a) :subsurface or latent physical conditions at the site differing rriaterinlly from those indicated In this agreement, or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this agreement. The City Engineer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the contractor's cost of, or the time required for, performance of any part of the work under this agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modlfled in writing accordingly. (2) Time Extension. No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required In this clause; provided, however, the titoe prescribed therefor may be extended by the City. (3) No Claim After Final Payment. No claim by the contractor for an equitable adjustment hereunder shall be allowed If asserted after final paymant under this agreement. TERMINATION FOR DEFAULT--{DAMAGES FOR DELAY--TIME EXTENSIONS (1) Default. If the contractor refuses or fans to prosecute the work, or any sepnroble part thereof, with such diligence as will insure its completion within the time specified In th;s agreement, or any extension thereof, or fails to complete said work within such time. the City may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event the City may take over the work and prosecute the same to completion, by agreement or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as ma) be on the situ of the work and necessary therefore. Whether or not the contractor's right to proceed with the work is terminated, he ane his sureties shall be liable for any damage to the City resulting from hie refusal or failure to complete the work within the specified time. -9- (2) Liquidat:ed Damages Upon Termination. If fixed and agreed liquidated damages are provided in the agreement and if the City so terminators the contractor's rights to proceed, the resulting damage will consist of such liquidated damrigos until such reasonable time as may be required for final completion of the work; together with an increased costs occasioned the City in completing the work. (3) LlquAtiated Damages In Absence of Termination. If fixc:c and agreed liquidated damages are provided In the agreement and if the City does not :;o terminate the contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted. (4) Time Extension. The contractor's right to proceed shall not be so terminated nor the contractor charged with resulting damage if: r (a) The delay in the completion of the work arises from causes beyond the control and without the fault or negligence of t` E contractor, Including but not restricted to, acts of God, acts of the public enemy, acts of the City in either Its sovereign or contractual car,acity, acts of another contractor in the performance of an agreement with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, a shortage of materials as defined in subparagraph (c), delays of subcontractors or suppliers or any tier arising from unforeseeable causes beyond the control and without the fault or negligence of the contractor and sLch subcontractors or suppliers; and (b) The contractor, promptly upon the beginning of any such delay (unless the City Engineer grants a further period of time before the date of final payment under the agreement), shall notify the City Engineer In writing of the causes of delay. The City Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, Whis judgment, the findings of fact justify such an extension, and'his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the "Disputes" clause of this agreement. -10- I II (c) No extension of time will be granted for a delay caused by a shortage of materials unless the contractor furnishes to the City Engineer documentary proof that he has dillg©ntly made every effort to obtain str.:h mnterials from all known sources within reasonable reach or the work and further proof that the Inabifity to obtain :such materials when originally planned, did in fact cause a delay In final completion of Oe entire work which could not be compensated for by revising the sequence of the contractor's operations. The term "ahortaoe of materials," as used in this clause, shall apply to any materials, articles, parts or equipment which are standard items rind shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the spec ir_ i equlrements of the agreement. Only the physical shortage of material will be considered under these provisions as a cause for extension of time rind no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the City Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates taking into account, the quantities involved and the usual practices in obtaining such quantities. (5) Erroneous Terrninetlon for Default. if, after notice of termination of the contractor's right to proceed under the provisions of this clause, it is determined for any reason that the contractor was not In default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the agreement contains a clause providing for termination for convenience of the City, be the same as if the notice of termination had been issued pursuant to such clause. If, In the foregoing circumstances, this agreement does not contain a clause providing for termination for convenience of the City, the agreement shall be equitably adjusted to compensate for such termination and the: agreement modified accordingly; failure to Agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this agreement entitled "Disputes." -11- (6) Additional Rights and Remedie3. The rights and remedies of the City provided In this clause are in addition to any other rights and remedies provided by 111w or under this ag;eement. SUSPENSION OF WORK (1) Suspension for Convenience. The City Engineer may order the contractor in Writing to suspend, delay, or Interrupt all or any part. of the work for such period of time as he may determine to be appropriate for the convenience of the City. (2) Equitable Adjustment of Cost. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed or interrupted by an act of the City Engineer In the administration of this agreement, or by his failure to act within the time specified In this agreement (or If no time is specified, within a reasonable time), an equitable adjustment shall be made for any Increase In the cost of performance of this agreement necessarily caused by such unreasonable suspension, delay, or interruption and the agreement modified In writing accordingly. (3) Time Restriction on Claim. No claim under this clause shall be allowed unless the claim,"in an amount stated, is asserted In writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the agreement. -12- VARIATIONS IN ESTIMATED QUANTITIES Where the quantity of a pay Item In this agreement Is an estimated quantity and where the actual quantity of such pay Item varies more than above or below the estimated quantity stated in this agreement, an equitable adjustment in the agreement price shall b�,, made upon demand of either party. The equitable adjustment shall be based upon any Increase or decrease in costs due solely to the variation above or below the estimated quantity.. If the quantity variation is such as to cause an Increase In the time necessary for completion, the City Engineer shall ascertain the faL is and make such adjustment foi axtendiny the completion date as in his judgment the findings justify. -13- STANDARD SPECIFICATIONS 1 �, oVinilons cafe thB4O10r k79tubdlsl n f Buildi!Standard Except as hereinafter provided, the pry S eclfications fcr Public Works Constructlon (C�r an ) p 11 h y ng News, P venue Los Angeles,,California 90 Inc. 3055 Overland..AY ,, �, t�tA�M' 034, and all ,amendments thereto, I adopted by the Joint Cooperatl.ve Committee of Southern California District and Associated Contractors of Celifornia; 'hereinafter referred to as Standard SpoclflcaCions, are adopted as the "Standard Specifications" for this 13roject and shall be considered as a part of these Special Provisions. Wherees Stateedof h s ppI:.e' edlteln f a Standard Specific` "n" .x r= , p ' ations" and "Standard Plans" of th nd TransportntIon Agency, Department of Transportation, shall apply. if no date of pulilicatlon Is spec fled, the most recent edition, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. PART 1 GENERAL SPECIAL PROVISIONS The followig , between the Standard are made to the "Standard Specifications.", If there Is a conf Ict n additions ,�,, and SpecifiratIons and these additions, these additions shall have first precedence. 1-2.1 De f nitlons (a) AGENCY The City of Huntington Beach, California also hereinafter called "CITY". (b) BOARD The City Council of the City of Huntington Beach, California. {RFFn, (c) CONTRACT Documents Including but not limited to the proposal DOCUMENT forms p-1 through p-59 Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract,_ Agreement and all addenda setting forth any modifications of the documents. (d) ENGINEER The adrnini'strating officer of the City of Huntington Beach or his authorized representative. (e) BIDDER Any Individual, ro-partnership, nssociation or corporation submitting a proposal for the work contemplated acting directly or through a du:y authorized representative. (f) LEGAL ADDRESS The legal address of the Contractor shall be the OF CONTRACTOR address given �on the Contractor's bid and Is hereby designated as the place to which all notices, letters or other commL.nications to the- Contraeto, shall be mailed or dellvered. -1- (q) LABORATORY An established laboratory approved and authorized by the Englneer for testing materials and work Involved in the contract. (h) SPECIAL PROVISIONS Tshe special,, prnv.sions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates tire to be considered as a part of the special provisions. (i) STA i E CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, form and constitUte a part of the provisions of this contract to the same extent as Is set forth herein In full. 1-3.1 Abbreviations O.C.E.M.A. Orange CoLnt,• Environmental Management Agency. 2-1.1 Award of Contract The CIty reserves the right to reject any and all Proposals. 'he award of the contract, if it be awarded, will be to the lowest responslole Bidder whose Proposal complies with all the requirements prescribed by the City. 2-1.2 Execution of Contract The contract shall be signed by the successful Bidder within ten (10) working days after award, and be returned together with the contract bonds, to the City Clerk's office. Work shall commence wlthin 10 working days after the contract has been 'hilly executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the day of contract execution by the City. 2-1.3 Failure to Execute Contract Failure to execute 9 contract and file acceptable bonds 'as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. 2-4.1 Return of Bid Bond Within `ten (10) da s at y,, the contract, tie City of ,Huntington Beach will raturnl a bid bonds accompanying` the proposols,,whlch are not to be _ considered in making rho award. All other bid bonds -,Al be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. -2- 2-4.2 Guarantee The Contractor, by submission of a bid for this project, expressly agrees to the herein, stipulated guarantee of materials, products, workr•-snship, and installations incorporated into this project. All work aerfornied In accordance with these piarns, standard specifications, and special . provisions, Including, but not limited to, workmanship, installation, fabrications, material and structural, mechanical, or electrical facilities shall be guaranteed for a period of six months, commencing with the filing of the notice of completion and acceptance of the contract by the City, unless specific areas are to be guaranteed longer as provided In Special Provisions, Security of this guarantee shall be furnished to the City and may be included as part of the Faithful Performance Bond. There shall be express wording in the Performance Bond, If such bond includes the guarantee or warranty of the Labor and Materiails for a six months period, commencing with the filing of the Notice of Completion,, and acceptance of the contract by the City. The guarantee amount shall be for the f i11 amount of the Performance Bond. Release of the Performar::.e Bond shall not apply to the guarantee or warranty period. The Contractor, by agreeing to this latent defect guarantee, also agrees that .within 10 days after notification of a failure or deterioration of a facility or work covered under this contract, he wl!l repair, replace or show reasonable cause as to reason for further delay. Refusal or failure to commence repair or replacement will cauce the City to file claim against the bond. Excepted from the guarantee of labor and materials will be defects caused by acts of .God, ccts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 2-5.1.1 Plans and Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should It appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained In the Standard Specifications, Special Provisions and plans, the Contractor shall request from the Engineer further explanation or interpretation of the contract. The request by the Contractor and '-he Engineer's response shall be in writing. pp proceeding y , .w e All scaled dimensions area approximate. Before roceedin wlEh an work th Contractur shall carefully check and verffy all dimensions and quantities and shall immedIate!y� inform the Engineer or his representative of any discrepancies. -3- lj t'l ders and Payment for Planc snd Specificati ?-5.1.2 Competency of Bld`' ono Plans, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. A charge will be ;•--yu:red for the taking out of plans, none of which will be refunded to any bidder. 6.1 Removal of Qefectiva and Unauthorized Work All work which is defective in its construction or does not meet all cf the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in + n acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the'plens or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to compjy forthwith with any order of the Director made under the provisions of this article, the Engineer shall have authority to _cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct tha costs and thereof from any monies due or to become due the Contractor. 2-7.1 Soil Conditions The Contractor shall inspect the soil conditions himself before submitting a bid. By submitting a bid, the Contractor acknowledges that he has satisfied himself as to the quality of the work including but not restricted to the conditions affects-ig, handling and storage of materials, disposal of excess materials, the soil conditions, and level and amount of groundwater. 2-9.1 Permanent Survey Markers Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protocting all existing horizontal and vertical survey controls, monuments, ties and bench marks located within the limits of the project. if any of the above require removal, relocating or resetting, the Contractor shalt, prior to any construction work, notify the Engineer so arrangements can be- made to establish sufficient temporary ties and bench marks tc enable the points to be reset after completion of construction. 2-10.1 Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when lie Cr his Subcontractor will star: or resume the work. The above notice Is to be given during working hours, exclusive of Satutdsy, Sunday or City holldays.'for the purpose of permitting the Engineer to make necessary nssignment.t of his representatives. -4- �, If the Contractor elects to work i.;idor this contract snore than fi nr6/day or ,nory Vian 40 hrs/week, Saturday, Sunday, or City holidays, W.- ah-ill arran e with thy'' F:ngirieer for thr required inspectiori -,ervice and pray the !;pf:rial inspection tees whir.h will be charged at the fnllowirirl rates: 4 hrs. or less/dav Q 1?5.00 ,- hr,. to 9 hrs/dav $21150.00 W'I. ri Speri_il Inspection is required, tla- Contrawtor shrill nntify the sty and had inr.pe tion fees, ?4 hour in ;0varlco. If the ("ontr,'ictor is directed t)': the Fitt' to work under this contract more than 13 hrs/:.ay or r•nnre than 'ifl hrs%,,vePk, the Speri.al inspection fee requirernent.s 'vill he Waived. Any work performed to conflict with said iidvance flOti:.f', without the pre.,3encf' nr approval of th.- E nginer-r, nr ,vork cc v !rf•d urn vithout noti^e, apprnviil or consent nni he rejected or ordered to he tinr. nvered for exarninn' inr at. Contractor's a<oense, and shill be removed at Contractor's expense, if so ordered by the i=nvineer. And. !inauthorized or defective work, defective m.nt+�rial of viorkmanship or .any unfaithful or imperFect work that. may be ,iiscovered hefrrr the final payment. and final ,nr7reptarice of work shall he cor,-ected immediately withritlt extra charge even though it may hrive be,!n !,tierlroked in previous inspection3 and estimate i or 'nil,, havr.' been causer', flue to fnil,.irr� to inspect the work. all -mthorized alterations affer. tinll the requirernc: t !; :md information giver, on !hw rippr•,vc�d plans shrill he in ,vritinq. t•Jcl chnnyes st-vill be r-nade on any plain or lrawing aft.rr the same has kern ;approved by th Fngineer, except by direction ;if rho f_nrlinet?r ir, writing. Df virstions from tht! ipprovc d Plans, as may be required by the exigencies (if voristruct_ion, will be determined in all case-, by tht F-nd!nt'er and nuthori.fed ir; v/ritin(j. All inst.rlictlons, rulings aid der:sion!i Of the Enclineer shall 5e in evritirig find sh ill t)�? trios1 imd bindir)(1 nri -i11 i forlyvil protest is nlndc in ,vriting anf.1 a, providFd in the f,llinwing 11ar;irlrFihh. if r by t' 'ont rw-' or lion-ilif!rs any aork demanded of him to he otAside the requirs,ments r1` thf contract, or if ht- considerti an., instruction, ruling or of Ow Fnrlinf�(,r to I)v Unfair, ht• sh;all ,vithin teri AM) days nftr?r anv �lornand i`; made, or inst.ruction, ruling or deri�-lOns v; (liven, file a writter. ti!f)tr�,t ,vith the Enrliner,r, itatind clearly •ind in eft-t-iil his objet,tions and rr n—mn;; r`lerf'foro. L xr.ept fnr roich prrltE!st.`i and (ohle(-tions as ;)"P rnade of record, ki trlo manner ind .vitf;in tht' ti;Tlt• above st<it"d, the Contractor shah be .lf'f'rTIPCi tr, hilV T.'ialVed iitld does tier"tl\ waivt- fill f_iairn!; for extra work, cl3rtl%igp!; and extensinns of tirnf, on iaccollr'lt of c1efli;mr�ri, tfi9trlh.tlOnS, rlllinrls and fli i,ions of the Friginf f-r. Upon -except. of any such protest frorn the C'ontr ,:(,tor, thr.- Engineer shrill revievi the demilnrl, instruction, ruling or derision objected In and shall promptly advise the C,�ntrar..tor , in writing of his final decision, which shall be binding xi ;ill parties, unless within thf! ten ;'1W days thereafter the Contractor shall file with the City Council a formal protest agnin,t Said decision of the E rigineer. The City Council sh:ali consider and render a final decision on any such protest within thirty (30) days of receipt of same. -5- 2-10.2 Reguirernents for Work Within Other Agencies Rl ht_of-Way The Contractor shall prosecute work on ether agencies' right-of-way only in the presence of to'ie inspector representing the agency and any work done:: In thtt, absence of said Inspector will be subject to rejection. The Contractor shall make the appropriate notification according to the instruction given on the permit for all inspections, and shall post I bonds and certifications required by the permit. The permit shall be acquired Liy the City. However, the Contractor mny also be required to secure additional permits under his own name, which permits shall be processed at the Contractor's expense. The Contractor shall pay for all teastinq and inspections required by the permit. 2-10.3 Final Inspection Whenever the work provided for an'! contemplated by the contract shall have been satisfactorily completed and the final cleanir.q performers, the Engineer will make the final inshactinn. 4-1.4.1 Test of 'vlriterisals All tests of materials furnished by Uie Contractor shall be made in accordance ,vine commonly recognized stdridards or national organizations, and such special methods and tests as are presrrihr�ti it the Standard Coecifications. No materials sr-all he used until tht , lmve been appro%e d by the Engineer. The Contractor shall, at his expense, frirriish the City, in triplicate, certified copies of all required factory ;.ind mill test report,;. materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a repres,�ntativr of tht- "-'ity shall meat be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be rf quire.'. At the option of _he Engineer, the SOLarre of suppi. of each of the materials shall he approved by the Engineer hefore delivery is started and before such rnnteriral is used In the work. The City, of Fitin'.ington Beach will pray fnr the in`,ial Soil and matr'rial Lests. Any Suhsequent soil and materials test, det-need necessary dues to the failure of init;al tests will he at the Contractor's expt,nse. 6-1.1 Construction Schodule and Commencement of Wo--►< Prior tee Lne start of work, arrtangerraents will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the- limits of this c^retract, . .:view scheduling, discuss construction methods and r_!arify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. -6- ..1 The contract time shell commencrf boon the date of execution of the contract by the City. 6-1.2 Progress of the Work and Time for Completio-i The Contractor shall begin work within tern ( 10) -working days after the contract has been fully executed by the City and shall diligently prosecute the sarne to completion before tf-v! expiration of tho time specified In the proposal, specifications, and/or ,,r,ntract. 6-2.1 Progress Schedule When, in the *,.:.lelment of the City, it becomes necessary to accelerate the work, the Contractor, when ordered, shall cease work at any particular point and concentrate his forces at such ether point or points as directed; and execute such part-tons of his fork as nay her required to enable others to hasten and properly enoaele and carry on their work. 6-8.1 Acce Lance Should it become necessary, due. to developed conditions, to occupy any portion of the work before contract is fully completed, such occupancy shall not. constitute acce, ance. 7-2.3 General Prevailing Wade Rates In accordance with the provisions of Section .1773 of the Labor Code, the State of California Director of the Cepartnlent of Industrial Relati;ns shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinatio,is are on file at the office of the City Clerk, and the office of the Director of Public 'Narks of the City of Huntington Brach, California. 7-2.4 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stals. 1978, Ch. .1249). The Contractor shall be responsible for compliance with these provisions by his sub intractors. a. Each contractor and subcontractor shall keen an accurate payroll record, showing the name, ndd:ess, social _security number, work classification, straight time and overtime hours worked each da, and week, and tale actua: per diern wages paid to each journeyman, apprentice, worker, or other employed employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following Lasis: 1. A certified ropy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. -7- 2. A certified copy of all payroll records enumerated In subdivision (a) shall be rnade availahle for inspection or furnished uQon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in subdivision (a) shall be rnade available upon request to the public for inspection or copies thereof rnade; provided, however, that a -equest by the public. shall he rnade through either the body awarding the contract, the Divisioo of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given acc,.ss to such records at the principal office of the contractor. C. Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclos ire of an individual's name, address and social security number. The name and address of the contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The contractor shall inform the body awarding the contract of the location of the record, enumerated under subdivision (a), including the street address, city and county, and shall, within; five working days, provide a notice of a change of location and address. f. In the event of noncompliance with the requirements of this section, the contr--ictor shall have .10 days in which to comply subsequent to receipC of written notice specifying in what respects such contractor rno-ist comply with this section. Should noncompliance still be evident after such 10-day period, the contractor shall, as a penalty to the state or political subdivision on ►iliose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penAlties shall be withheld from progress pavments then due. 7-3.1 Public Liability and Property Damage Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is r.amed as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in cchnectlon with the work to be performed. The policy shall provide for not less than the following amounts: -8- Combined Single Limit Bodlly Injury and/or Property Damage Including Products Liability: $1,000,000 Combined single limit per ocrrrrrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the Nationril Bureau of Casualty Underwriters together with such endorsernents as rare required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work", should such work become necessary. Prior to the commencement of work under the contract, evidence of Insurance shall be furnished on r form provided by the City, and no other form will be accepted. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than 30 days before any change in coverage, expiration or cancellation is effective. The Contractor shall also show proof of Workers' Compensation co- erage or a valid certificate of self-insurance. 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permit, and license's, pay all charges and fees and give all notices necessary and Incident to the due and liwful ;prosecution of the work. These permits and licenses shall be obtained in Sufficient time to prevent delays to the work. in the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall oh ain from the State of California, the Industrial Safety Permit required for the various construction Items. 7-6.1 The Contractor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hours when the work is not in progm-ss. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordan-:e with this section shall be considered as having been given the C'orotractor. 7-6.2 Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman In charge of the particular work in reference to which orders are given. .g- 7-8.1 Cleanup and Dust Control All surplus materials shall be removed from the site Immediately after completion of the work causing the surplus materials. Un!ess the construction dictates otherwise, and unless otherwise approved by the Engineer; the Contractor shall furnish and operate a self-loading motor sweeper with spray noz7ee at least once each working day to keep paved areas avreptably clean whenever construction, including restoration is incomplete. 7-8.5.1 Use of City Water System The Contractor shall make arrangements with the City of Huntington Beach Water Department for requirements, location of source and payment prior to the taking of any water from the City system. 7-8.7 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise emitting from construction equipment used. In addition, workino hours shall be restricted to between the hours of 7:00 AM to 6:00 PM. 7-8.8 Flow and Acce tance of Water Storm, surface and pocsibly ground or other water may be encountered at various times and locations during the work. Such waters may interfere with the Contractor's operations and may cause damage to adjacent or downstream private and/or public property by flooding or lateral erosion if not properly controlled by the Contractor and the Contractor acknowledges that his bid was prepared accordinryty. The Contractor, by submitting a bid, assumes all of said risk. The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street anti drainage courses. Drainage of water from existing catch basins shall be maintained at all times. Diversion of water for short reaches to protect construction in progress will be permitted if public or private properties are not damaged or, In the opinion of the Engineer, are not subject to the probability of damage. The Contractor shal' obtain written permission from the applicable public agency or property owner befirer any diversion of water will be permitted by the Engineer. In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. The City has received a permit for discharging from the California Reg=anal Water Quality Control Board that is reproduced in these Special Provisions as Attachment B. -10- 7-8.9 Erosion Control The Contractor shall submit a written plan specifying methods to control erosion due to the construction activities of the project. This plan shall be submitted for approval to the Director no later than five (5) days after the opening of bids. 7-8.10 Cali fornia Regional Water Quality Control Board Permit The City has received a permit for discharge from the California Regional Water Quality Control Board. No water quality problems are anticipated as a result of`groundwater dewatering discharge. However if problem-, develop and It is necessary to aerate, oxidize, detail or otherwise treat the discharge, said treatment will be considered as "extra work" and shall be carried on by the Contractor. All monitoring and reporting required by the permit will be done by the City; however, this does not relieve the Contractor from compliance with other conditions, provisions and requirements of the permit. Applicable sections of scid permit are hereinafter contained In Attachment and shall be considered as part of these Special Provisions. 7-10.1.1 Traffic and Access No full closures will be permitted. Daylight lane closures will be permitted with prior approval of the Engineer provided flagmen are available for control of vehicle movements. Closures are lirnited to between 9:00 AM and 3:00 PM. Safety precautions shall conform to Section 86-1.07 of State Standard Specifications and these Special Provisions. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. The Contractor shall provide for and mi intain provisions for public. traffic through the construction area at all times. Unless otherwise specif ud in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 incliIsive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Orders, and Chapter 12.24, "Warning Lights -- Barricades" of the Huntington Beach Municipal Code. -11- The Inspector rna) require additional devices to control traffic as traffic and ►construction conditions require. The! Inspector may stop work at the job site until the required safety and traffic control devices are put in pace by the contractor. The cost for additional safety and traffic control devices shall be included in the unit price or lunip sum prices bid for the job and no additional compensation will be allowed therefore. Questions pertaining to eciastruction, warning signs and devices shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall present to the City ra detour plan pertaining to any detours) he feels will be required to properly prosecute the work. The detour plans, when accepted by the City, shall 5ecome the official document upon which detour(s) shall be put. in place and maintained when required. Any detour which wi!l last longer than three enlendar days shall be delineated by removing the existing striping and legends on the pavement by sandblasting and placing new striping and legends as may be appropriate to accommodate: the detour. Upon completion of the work and the restoration of the road surface: to it i final condition, the detour striping shall be removed by sandblasting by the Contractor and the original striping replaced. Cost for removal and replacement of detour striping shall be included in the other items bid for the w.•-.rk and no additional compensation will be allowed therefor. The Contractor's attention is specifically directed to Hi3MC Section 12.24, "Warning Lights - Barricades", pertaining to the use of barricades and lights in excavation areas. Flashing barricades will b,, rallowe.d as a substitute for "lights" as described in that section. 7-10.1.2 Safety-Precautions The Contractor shall provide for and maintain provisions for ;public traffic thro(igh the construction area at all tirnf�% Urilesn otherwise specified in these Spec:ial Proviuions, work shall be in ac.-ordanr.e with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05L"-' inclusive, of the State ;�ep�artrnent of Transportation, Standard Specificrations, and as provided for in Titir. 8 of Stage of California, Department of Industrial R( lations, Construction Safety Orders, and Chapter 12.24, "Warni Lights -- Barricades" of the Huntington Beach Municipal Code. The Inspector may require additional devices as traffic and construction conditions require.. Quest;ons ,as to construction warning signs and devices shall ?)e directed to the Fnginerr. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the joh by the 1-ispector until such apparel is acquired. Questions as to approved vests shali ne directed to the E+-agineer. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. -12- 7-10.3 Barricades All barricading to meet manual on Uniform Traffic Control Devices - ;975. 7-10.5 Water Main Shut gown When a C'iLy water main or service is to br. shut down, the affected residents shall he notified by the. C'ontrar.tor at. least 24 hours in advance of the shut down. The Contractor shall proceed with the water facilities work in an expedient manner until the water lines are in service. If water service to residents is disrupted for more than 4 hours, the Contractor small provide temporary water service to the residents. The cost shall be included in the other items bid. 7-15 Registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progessions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providinq a method of obtaining licenses to engage in the business of contracting and fining the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. 9-3.1.2 Payment General Payment for the furnishing of all labor, materials and equipment necessary to perform all work indicated on the plans and described in these specification and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal, and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in th-- prices hid for listed items. Non-listed items to be included in the unit prices bid for various items listed on the proposal consist of, but. ore not limited to, the following: 1. Watering and dewatering. 2. Backfill, compaction an disposal of surplus material. 3. Maintaining public uti!ity fnellities. 4. Miscellanenu3 removals. 5. Trench resurfacing. 6. General finishing and r.lean-up. 7. Barricading, traffic control, and temporary, striping. H. Restoring private property improvements. 9. Potholing utilities. 9-3.2.1 ProtIress Payments The City shall, once in each month, cause an estimate in writing to be inade by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor to the job site and not used as of the tirne of such estimate and the value thereof. The City shall retain money In the amount of ten percent (10%) of the progress payment unless approval of -13- Engineer for greater percent of such estimated value of the work done is obtained. The City shall retain money In the amount of fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, provided the materials were fabricated specifically for the project. No payment will be made for standard stock items that have not been incorporated in the work. The City shall monthly pay to the Contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgment of the Engineer, the work Is not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). At the request and expense of the contractor, substitution of securities for any monee, withheld 1jy the City to insure performance under the contract shall he permitted in accordance with provisions of the California Government Code, Section 4590. 9-3.2.2 Final Payment The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept: and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shalt be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion. It is mutually agreed between the parties to the contract that no certificate given or payments made ender the contract, except the final certificate of final payment, shall be evidence of the performance of the contract, either wholly or in part, against Any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Section 10 Proposal Requirements 10-1 Examination of Plans, Standard Specifications, Special Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be furnished; as to the character of equipment and facilities needed prellrninary to and during the prosecution of the Work; and ns to the requirements of these specifications. 14- It is mutually agreed that submissior of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or ;modify any of the terms or obligations herein contained. 10-2 Proposal Form All Pr000,1,3ls must be made upon blank forms to be obtained from the office of the Director of Public Works at the Civic Center, Huntington Beach, California. The, Bidder shall submit his Proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be disregarded. All Proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the Proposal is made by an individual, fir•n or partnership, name., post office address and telephone number must be shown. If made by a corporation, the Proposal must show the name of the state under the laws of which the corporation, and the names, title, and business addresses and telephone numbers of the President, Secretary and Treasurer. 10-3 proposal Bid Bond All bids shall be presented under sealed cover anci. shall be accompanied by rash, a cashier's check, certified chec►%, or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (10%) of the amount cf said bid, and no bid will be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the Notice To Contractors for the opening of bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid. 10-5 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated in the Notice To Contractors. Kidders or their authorized agents are invited to be present. 10-6 Rejectian of Proposals Containing Alterations, Erasures or Irregularities Proposals mny be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, ;rcomplete bids, erasures, or irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. -15- 10-7 Disqualification of Bidders More than one proposal from an individual, a firm, a partnersF 1p, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bidder l: interested In more than one Proposal for the work contemplated will cause the rejection of all Proposals In which such bidder is `interested. If there is reason for believing that collusirn exists among any or all bidders, any or all Proposals may be rejected. Proposals In which the prices obviously are unbalanced may be rejected. -16- 1 i)rart t l'c AS 1'12i V T IrNI %if- n. At\r) nF j-.all_ A. r1en(?real Description of Work The wort: to be done, in gert :ral vonsist,i of the application of ;'lel:(1 "ontrO1 H(,rhivide .and of the apnlic.-ation of L-inulsion Aggregate Slurry, on the surfac eu of ,-approt.imately 379 local ,trrta•t in the City of f+intington Beach, which ,trtmt.s are located in 67 different quarter sectin►ata; and fumirhing all labor, mate.-inis, t.00ls, equipment and incidentals necessary to perform and cornplety the work to the 3atisfar_t.ion of the f nrlineer. a. Work to be Performed by ( it v Forces -ity craws will pi?rform the following �.ork in adv:anr,e ,-)f t.h(' application of the slurry, based upon tht• schedule supplied by the coral rr.),c tor. 1. Difl out a'a(i repair of areas -)f failures that. 'ir('. too se' e:-e to he cUvoi-t?d by the slurry. ReMOVI!d ► Oteri•'als will be disposed (if b` (.'it v crews. 7. Pi?rforrn nne rT ;Whine r)i3S'i t)`' rnot)lln street swe' pity, %along :111 QUtLer`s to removf' the major portion of le-ves, frt (ant-I debris frmlT' the (luttors. (^. Weed (ControlSpravinq 1. general - the ;:ur6 tt; i)t' ;ari ;,r t 'mi cantr,'i"t anvnlvo-' allproxirnat.,?!': 47 rni!es of �itr 't t nr n'; r.?tarb Anil(' and for the ,)Orpo:it� of pro%idin(1 a prop,'3aI (1i)Fantlt '. it i i r'.sti'natttd '�i� '[) of the curb (hilt'!; �I-W(2 grans or weed ilrowth raloriq i n(' wit ►F'r /T)r+verm-f)t r'dgf ?. The ('Ontr-i('tf)r shall r?rT);):n'. nr .'.'11"l a llc':'risf'd herhicide applir'�(tnr to control spr�a. rill visihle r�r a:>, Or ::'(.'P(f (lr(�,vih alont; 'l(:itcr/paYF'm 'nt edges or 'd;mrj �•rackb th;o mnN be In th(- (If'neml p;-.em(!nt rarea. Work' r,ha11 t)e perfr m)n d in ac_(,ord ance ".yith tha: followinq. %a. Hfl rt)iclde shrall iOc I�rmnc ijp t);' manufactured ra'.' %'10risarito. h. Solut io,) ;hall be -,made ,vit.h water and 2`1-6 Rounda...) as is recnrnmended 1)y manufacturer, for herrnudla (crass. C. Applic-ition shall be made as is recomrnend _d by manuNaCturer, and precaution shall be taken to prevent drift onto private property lawns or pl,jnts. d. All empty containers shall be properly disposed of rand not left rin job taites. 17- J 3. 5che(1LJIinq Slurry application shall not be scheduled for at least seven (7) days after thr! application of the herbicide. 4. Scrapinq - In the case of heavy patches of killed grass or weeds that do not get removed by the sweepers, the contractor shal! machine or hand scrape as necessary to prevent protruding through the slurry. 5. Measurement - The contractor shall wheel measure the lineal feet of application, estimated to be 6"-12" in width, for payment purposes. D. Additions to Standard Specifications The Contractor shall perform the following in addition to or In accordance with the Standard Specifications. 1 . Perform final sweeping of entire street or flushing if necessary to have a Glenn surface upon which to apply the slurry. 2. Furnish an :,ppliration route schedule at least five working days in advance of cornmenring the project. 3. Post. "No parking" notifir_ations along streets with day of slurry work noted thereon, at least two days in advance of slurry application. 4. Perform all work with the least inconvenience to the area residents, including scheduling work on half street, at a time, particul,3rly on the very 1r3ngth streets. 5. Scraper the slurry coating off ali r-anholes and water valves as the work nrodressHs, and feather Cie edges around the covers. f�. The C:.ontrartnr shall use quickset type emulsion, and may elect to select nither .anionic or c,atio�iic ormiNfied asphalt. The grading of the :jr,greclate and percentaele of emulsified asphalt shall conform to Type I as described in the Star.Jard Specifications. 7. Furnish assistance to the Engineer in making final measurements of each st rr'.art for the purpose of establishing pay qij entities. H. Make arrangement,. for storage of materials and equipment, and if upon private ovined property fu.•nish the Engineer with written permission of the owner. 9. Perform finial r_hmnup of all construction materials and debris. E. Payment - General Payment for the furnishing of all labor, materials, and equipment necessary to perform all wurk described or referred to herein at the locations indicated on the plans shall be made at the contract unit prices bid for the Items listed on the Pror;,sal, and no additional compensation will be allowed. Compensation for items of work described, but not listed on the Proposal, will be considered to be included in the prices bid for the listed items. -lA- MSC-212 - 1983 SLURRY PROJECT LISTING OF WORE; LOCAT I OUS DISTRICT STREET SQUARE FEET 163 Pia 1 u 91000 163 Sea Witch 46,800 163 Kamalii 15,300 163 Legend 6,300 164 Morning Star 13 ,500 164 Ondine 13 ,500 164 Figaro 13,500 164 Deablo 13 , 500 164 Calhoun 21 ,600 164 Pierson 23,400 164 Silliman 28,800 164 Phelps 45,900 164 Stiles 81100 164 Morse 11 , 700 164 Harkness 18,900 164 Windsor 5,400 164 Concord 7 ,200 164/174 Roundhill 72,000 164/174 Bedford 18,000 164/174 Fairfield 14 ,400 164/174 Saybrook; 14,400 164/174 Lowell 16,200 164/174 Courtney 61 ,200 174 Waverly 7, 200 174 Blair 3,600 165 Sims 20,700 165 Sims 25, 2.00 165 Milo 91900 165 Hoskins 45,000 167 Fernhill 19000 167 Hillview WOO 167 Pro 51400 153 Brent 5,400 DI`_'TRICT STREET SQUARE FEET 158 Culpepper 59400 158 Norgrove 5 ,400 168 Doyle 15,300 168 Gumm 23 ,400 163 Neil 37 ,800 173 Kitten 7 ,200 174/175 Marina View 21 ,600 177 Tilburg 25 ,200 177 Norcon 4 ,500 177 Forbes 39,600 177 Chapparal 46 ,800 177 Breda 37 ,800 177 Almelo 37 ,800 177 Ghent 18 ,000 187 DeLong 14 ,400 187 Griffith 14 ,400 187 Tami ko 14 ,400 170U St . George 91000 173 St . Paul 23 ,400 178 Treehaven 18 ,900 178 Au tumn 11 ,700 11110 Avalon 34 ,200 178 Ojai 7 ,200 178 Napa 10,800 178 Mariposa 7 ,200 178 Marcellena 19 ,800 176 Destry 4 ,500 173 Gurney 12 ,600 173 Madera 5 ,400 173 Alta Vista 13 ,500 173 Mira Loma 13 ,500 178 Encino 13 ,500 178 Madera 17 ,100 -2- • •• 0 DISTRICT STREET SQUARE FEET 188 Nu twood 13,500 188 Kelley 13 ,500 188 Fritch 3,600 188 Wintergreen 21 ,600 188 Fallingwater 45,000 188 Lewis 16,200 188 Baxter 11 ,700 188 Steiner 11 ,700 188 McKinney 11 ,700 188 Collins 11 ,700 189 Segovia 10,800 189 Montoya 10,800 189 Carranza 34,200 189 Quintana 34,200 139 Aracena 7 ,200 189 San Doval 19,800 139 Colon 3,600 189 Soria 3,600 189 Cadiz 3 ,600 189 Calpe 3,600 282 Jacquelyn 91900 271 Gothard 79,200 282 Speer 15,300 283 Newman 72,000 412 Shaffer 7 ,200 329 Lawn Haven 50,400 329 Harbor Frey 7,200 329 Country 7,200 329 Gate f1i l l 12,600 329 Evening Hill 54,000 329 Church 11 ,700 329 Garden 129600 329 Beacon Hill 5,400 -3- y DISTRICT STREET SQUARE FEET 329 Manor Point 139500 329 Shady Harbor 15,300 329 Surfdale 39,600 329/339 Silver Beach 21 ,600 329/339 Little Harbor 3,600 329/339 Summer Breeze 32,400 422 Williams 20,700 422 Jana 7 ,200 422 England 219600 432 Alabama 45,900 432 Florida 45,900 432 Jay 7,200 432 Utica 21 ,600 423 Mandeville 13,500 423 Deauville 29,700 423 Whitburn 7,200 423 Dalehurst 5,400 423 Brixham 7,200 423 Burnham 10,800 423 Wenlock 5,400 423 Alley (N/Yorktown - Harding Westerly) 13,000 424 Garfield 23,400 434 Adams 27,000 425 Steven 7,200 425 B1ane 8,100 425 Karen 8,100 435 Warfield 25,200 435 Elva 7,200 435 Sanderson 18,000 435 Rumsey 12,600 435 Nantucket 361,000 435 Magnolia 11 ,700 435 Adams 179100 436 Bond 18,000 -4- DISTRICT STREET S JARE FEET 436 Garrett 18,000 436 Qi61ey 18 ,000 427 arookhurst 41 ,400 427 Yorktown 19,800 441 Fourteenth 62,500 441 Tenth 21 ,600 442 Portland 20,700 442 Oswego 15,300 4;2 Alabama 57 ,600 4,12 Knoxville 15,300 442 England 45 ,900 442 Florida 9,900 442 Huntington 33,300 442 California 34,200 443 N . New Britain 25,200 452 Hartford 61 ,200 452 Geneva 39,600 452 rr,:nkfort 46,800 452 Elmira 39,600 452 Detroit 2.7,000 452 Chicago 27,000 452 Baltimore 279000 444 Adams 459000 444 Afton 169200 444 Oxley 16,200 444 Tranquil ! 36,000 444 Swansea 12,600 444 Rath 3,600 445 Magnolia 36,000 445 Shorewood 219600 445 Cove 21 ,600 445 Moontide 21 ,600 445 Port 21,600 -5 - 0 DISTRICT STREET SQUARE FEET 445 Adams 10 ,800 445 Scougall 129600 445 Paddock 12 ,600 445 Adrian 18 ,000 445 Bancroft 18 ,000 445 Eastwood 18,000 445 Tideland 10,800 445 Indianapolis 156 ,000 463 Cupar 37 ,800 463 Banff 39,600 463 Lochlea 45 ,000 463 Crew 7 ,200 46: Scone 7,200 463 Drymen 7,200 466 Hagerstown 13,500 466 Shackleford 13,500 466 Beckwourth 13,500 475 Rhodesia 36,000 475 Neolani 41 ,400 475 Malahine 18,000 475 Impala 48,600 475 Kanakoa 25,200 475 Hanakai 25, 200 475 Gulfstrand 12,600 475 Daytona 12,600 475 Banning 14,400 467 Atlanta 80,000 -6- REQUE FOR CITY COUNCIO ACTION Date --,hinP 27, 1 qA_1 Submitted to: Mayor and City Council �pPROVGD BY CITY COUNCIL Submitted by: Charles W. Thompson, City Administrator � , /s I�3 -- . � ' Prepared by: Paul E. Cook, Director of Public Works�i+ Subject: Slurry Sealing of Various Existing Streets in t Huntington Beach (MSC•-212) . Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 4 STATEMENT OF ISSUE : Results of bids obtained for slurry sealing of various existing streets . RECOMMENDATION : Accept the bids and award the contract to Ted R. Jenkins Company for their low bid of S147,587.97. ANALYSIS: There were four (4) bids received for the subject project from five (5) companies who picked up plans and specifications . Proposals are listed below: 1. Ted R. Jenkins Company $147,587.97 2. Roy Allan Slurry Seal 151 ,417.70 3. California pavement Maintenance 1549656.45 4. Pavement Coatings Company 177 ,540.51 The original estimate for the work was $130,000.00, therefore the bids are considered to be satisfactory and the award is recommended. FUNDING SOURCE: Gas Tax Funds , which have previously been approved, will be used for the work to be performed. PIG 4/91 r�. DID SUMPt RY SHEET OATF: June 27 , 1.983 �NGINEER '.S ESTIMATE: I;Q DOD IOH AND CC NUMBER : Slurry Sealing of Various Streets ; MSC 212 11IUnER5 NAME TOTAL BID k4OUNT ' Roy Allan Slurry Seal, Inc . /� !, y/7, ?O California Pavement Maintenance S .C . N .A. T 07 edFt. Jenkins , Co. , Inc . ! Jy/, �J Ag i Pavement Coatings 1 i NOTICE NVIT li IG SEALED 131DS NIS1 '-212 t Jnl ic^ i; hereby given tint the City Corncll of the City of Huntingkon Beach, r'ilifnrnin will receive sealed bids for th,, Slurry Sealing of Various Streets in the city of Hintington Brach, Californin In accordance with the plans and specifications and .p^r•ial previsions on file in the office of the Director of Public Works. Docurnents will be available on June 13 , 1983. A charge of $25.00, not refundable, .Vill he required for each set of specifications and iccompa-lying drawing;. DIRECTL-R OF PLA31_IC `'!Of?KS ESTIMATE 'lurk Itcm Quantity 1. %'.Iced Control Spraying 118,202 tin, ft. 2. Slurry Seal Varinus Exinting 51.ri!cti 4,655,390 sq. ft. Ili acrnrd.incr? jith the provisions of S!•ction 177/3 of the Lnbor Code, the. State (if hniif nrnin, [Director of the '1)rp:3rtmen' of Industrial Relation; shall determine, the rp-rlrral previiling rate of wnqur., nppli,�able to the work to he done; copirs of t1w I nttnt rlrnrral vingn rare drt errni nation-- are on file at the office of the City Clerk rruf the office of the Director of Public Works of the City of Htntington fieach, r it if ornin. Plcin; and spocification,, tngrther with proposal form, may be obtain d at the office ' of the Director of Public Works, City Hall, Huntington Beach, California. r1n Nd will be received unless; it is rnad- on a blink form furnished by the Dirvetor of PlOilir Work,. The special itt.rnt.ion of pru;pective birlders is callers to tlr_ propmal r-tliii rein ents, setforth intho spcclficntirinn, for full directions as to the bidding. Tlvr abovi! qun Aitics are nliprovirnate only, being given as a basis for the comparison nr wits, wid thr+ city of 1+91tington Be!trh tine, not exprens or by implications agrre Il,nt the nrtun! nnimint of work will ciurcr,pond therewith but reserve_; the right to im-rease or decrea a the arnorflit of vIly class or portion of the work, as may be rleesned necessary or expedient by the Director of Public Vlcrks. i f f t i 1 I • '-1 t All hid, will be cninparerl nn the ba,,;j:, cif thn Director of Public Wurks estimate of ttx-n (Imirititir, of work to 1w rforvi. irrh,;tit lit ion of securities fear any rnonil,.; aithhr_Id by thr'. City to iR urr, per for►nanr.n rholl he Permitted in :accordance :vit.h pr^visior;s of the CalPornin Government Codr', Section 4590, C ach hid shnlI be rnad,, out on a form t,i be. obtained -it. the office of t►r_ Director of f'r.ttilic Works, Onvelopment Wing, 201�.il tvtnin Street, Hw-ttingt.on Bench, Californin; shrill bq senled rind filed with the C:r' v Clerk nt thr` Civir. ranter, Secn,id f-locr Allrriinistratinn Fluildinrl, 2000 IAnin T rr?rt, t-tuntingt.rn 13r`ach, C71ifr•,rni,-], on or h, foro 10:00 :a'rt of June 27__ _� 1 `7F):i, arnrf sh-, ll b,� ojicned by n r'ommittr P c:nnprr,t`ci of tho City (:'1etk, the _ity n' tnrrmy acid r.)irect.or of Public NorV-, or their otitIxirirf'd rep rr�senl.ntivr- -in thr` rnsulI , nf strict 1)i;-4j,,ling will br, re-ported to thr, City r:ntn;ril of staid City of Huntingf.on Bv;ich ,nt their r,�gul -tr mr-eting to 1w he'ld r_cn Monday, the c ' of jtjly_ , 1981, at thQ hour of 7:10 Pt.1 in the Citv Council Ch-vnhcrs in the Civir C:entcr of ,,'aid City of t-{un;ington Brach, and shall be anted tipon by n;i1J City Qauncil at the redul ar ,neeting of Jul Y 19 1963. Thr City n! ri,!nrtt, C-illft mi "i thr` riq'lt. t 'T or ;ill blti,, ^id t.n -trr7nl,t t.hr' fairs c;er'trtrc' for Ov, 1 —It irtt.orr•,! nr, th'? City of 1-iuntindton Beach, -IIifornta. f? rrrinr of 0ir!' 'nt,ncil cif ':it; rat I :ntin t ;)n f1�,ac`�, Clnlifarni.n this d111';�_.19-- , 16►l �. A T r ST: Alir`io Ylmitworth t_cty fleck —' r i i i i r 1_2 1-et•� REQUE. FOR CITY COUN` ACTION Date May 2 1983 Submitted to: Mayor and City Council 3?ROV1,-,DB Submitted by: Charles W. Thompson, City Administrator Prepared by: Paul E. Cook, Director of Public Vlorks� Subject: Clurry Sealing of Various Existing Streets in the City of Hdntington Beach (MSC-212 ) . Statement o4-rlssus, Recommer d`ation, Analysis, Fun in ' " `•` g Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Plans an ,a. � .' in rsua,nce of .,ma'intenanVe been prepared for the d Specifications and Notice Inviting Sealed Bids have slurry sealing of various streetspu ce programs. RECOMMENDATION: Approve the plans and specifications and authorize the City Clerk to advertise for bids. ANALYSIS: The Department of Public Works maintains a Street Condition Inventory with notations of va;r WUs types of maintenance needs, one of .which is slurry sealing utilized to extend the life of the asphalt pavement. Aging, traffic usage and weather cause and a �� earance characteristics.permit slurry sea1ingnWald deterioration of structural lots of surface fines which ermit water enetrati pp tore this layer of fines, seal the surface, and restore the aesthetic appearance. The streets selected for the project have been reviewed City-wide as being the older of the developed areas and selected streets are primarily those used by the most traffic within a 'subdivided area. The selections include streets in 37 quarter sections which is about 35`6 of the total sections , and they are spread throughout the City. Approximately 23 of the City' s 355 miles of streets are included in this project. FUNDING SOURCE: Gas Tax Funds, which have previously been designated for maintenance, will be used For the work which is estimated at S130,000.00. The funds are budgeted in accounts 740620 and 740830. r PBC:DWK:mj P10 4/81 IN VIP Superior Court or�7lip STATE OF CALIFORNIA In and for the County of Orange PitOnF OF EURmrA 'SON CITY OF..HUNTINGTON BEACH r --, .Sfw- CITY CLERK NOTICE INVITING SEALED BIDS NOTICE QYVi11NitT SCALY.D BIDS M212 Notice b hereby.jjrvtn tut the City CouWa d the chy of NelatLigtt;k eel h; State of California ) Cailiornie aill rww ve stalyd I►ida rut the Slurry f+e+j,Ag of varleris Street+in the City County of Orange )ss' of Huntinjum Iteeth.Callfamia in of- No,lenre with.thr plane ant tipnd(intim;vad special prw•iskma an rJs In the office of the Unrctat of Puhlie Wort Gxummu wiU . J EANNYI E L. THOMA5 ` he availihle on June lk I",A charge d 121fq not refundable,win be required Jor set of rperirlatioru utd eaexam yu�d a ncA t pIHF.CTOR OY 'UIII.IC WOH SIrR'P1AlATE . l'rwr9 • N 6lurrl Seal t sraeu EwthK SLttela `:''. -tG. :s 1 I�5A,100 .Its f, I.Weed&IA S ■ (Itt�o2 llo.lt That I am and at all tttntw herein mentioned was a citizen of ► �+ +� the United States,over the age of twenty-one years, and that I , Inseeoedar►recritk. Satinaln'fse,fr6LahaetVadt,lkeStstaof am not a party to, nor interested in the alxn'e entit'ed tnntter, Cdi(amla,Dirtrtat of tbs Ikpartmeot d lndtuRrW Re4tioaa ihaU detitemioe'thr, «nonfat prrjrs►7inR me of are4t+.applieysbk!n the woek'ta 4 elaeiet d toe Istest that i am the principal clerk of the printer of the c Rearnl ws4e yak determinatkxu ere oe`tlketthti effieerd.lhe,Clty.L'lsrii'sad the �=3� ,�, office d the pireetnt of Pobiie Wexb or Ibis Cky d Hettrtingtari Ett+eh.CaUforsia. at ebe HUNTINGTON BEACH IND. REVIEW Play»end�pt�irkatiorr. eber.wit5' hrm,msy be obtained ' r orrice d thr Director d Public 1Vak,,city H.U. tuotin�toa eeech.f.ururo4. - ��� ' Nn bid eriU Eti rtctived.eut7wia it inmde ue e,blank�teen=furoiaked btl,tbe• a newspaper of general circulation,published in the City of ► trirectot Y Public Works.The '�attentlondprcvipeetivebidders rrtalkd to the �. pural requIrtments, set forth In the specifleatloeu for full direct a,to the HUNTINGTON BEACH �miadi%yt )) The abcwe qquanlliiea ere epprosiaate txily._bonny'given ea •'bsaii for the c„mr�watiaat 4 bids, acid the City of Huntington beach cars not�ettirm or-by County of Orange and which newspaper is published for the implkstlo-ii apte that the WSUAI eumentat of,wark vein cormpond.thettwith but i reserves the rie5t to inemue tR decease the aetueint of any dais eir,Pntl{on of the disem s ination of local new and intelligence of n general chnrac• 'r &vrk,n ws auyhedeemed secearyorespedleal thelhrectadW sa.blk Wot r I ter, and which newspaper nt all times herein mentioned had . 'All bids%ill be coe►parA on the bails of the thwuK"f Pubbc Forks ntimste Of ' and still has a bona fide substri tionlist of ►a •in•subscribers. � ttandtksds6(secubede►ne. ,di t i'q P I y I. liub.litutim of itecuntin for any rarities withkeW by the Cjty t�Ianer perform. and which newspaper has been established, printed and pub• t ante.hall he permitted In smirdsritw with the provisims of!`n Californis Go%vm-. , • men&Code,St'ctlon 4W. tc�+, ', t i Y *t;: a z. lisheeei at regular inienttls in the said County of Orange for n r :�bid shin ba made oul'e>ti•G>imbeo�tairsed a theoftiie of the Durdnr period exceeding one year; that the notice, of which the c of Public Weicles.Devrbpnuat4t'Ier,2Do0MWtttitred:H tite�rae86ttdrrGUfon�; annexed is a printed copy, hits been published in the regular r shall be staled a.•►dAled with the City,Clerk'`slithe Cfvie, ter;Shooedpoor and entire issue of said newspaper,and not in an> supplentcnt ► Adminbtation Huildint•, Min !lain Brien.'Huriligttan,Neack Calif before IrkflO sm d Jude •1961,uol r<Itilt be.epentd tN a mmmetlee conof the thereof,on the following dates,to wit: c City Clerk.low City,8tuxaey and [N►eetor of %,ad&be:ibeir autbtlrlsed representative and the n adts of'ad bidd' will be repotted W W Car Coetrs u of JUNE 16 r 23 r 19$3 NPd City d Huntir►aton.&ach;st their:aw well f to be'htld at Monday"the Imb d July.19M.at the boor,?:SO PM In the Pity Ceunei)Clumi.eres in the 6k Center afraid Cdyd Nuntletatnn Beseh,and shill be actad upm by Bald City Courdl f at the Irrilar taietLtj of July 19.111iLt The City of Huntn� Reath,Califomie rem"vm the'''obi t,n njM any'cc•atl s bide,wed to wrW the b7d etermmredd for the beat teurest d tr+ee City d huetlacton � 13erch,Csidexrt4. R ardt►of the City CoanW of We City d Huetinetm Beach,Cx fomb thrs Juni s,ttrt� -+ AT mr.. A At"M.Wentuv+rth r Cit C�lark 1 certify for declare) under Ix-nnity of perjury that the loregti• i Pub ntfuune11.mew,�t+d.Relmv1aµ016 ing is true and correct. nnteda6ard en .Grave . . .. . . . . .. . . .. .. . .. . .. .. .. .. .. . t aliforn . this 24th .day sir Jun ,t�, p3 / Signature Form No. POP 92082 BID SUMhtP!Y SHEET PATE: June 27, 1§0 Y.. 4- t: GIM1EER' S ESTIMATE: 000 108 AND (:C 1411H *R: Slurry Sealing of Various Streets ; MSC 212 IDDERS NAME TOTAL BID AMOUNT '� iT Roy Allan Slurry Seal , Inc. California Paveme� il' C3 ��4 Q)5ro nt Dfa 'ntenance , E.C. N .A . Ted R. Jenkins, Co . , Inc. Cal i1 5 �. Pavement Coatings i t s 1 ► J s .