HomeMy WebLinkAboutTED R. JENKINS - 1983-06-06 (3) 4
V
OSCI 212
STATE FUNDED PUBLIC WORKS CONTRACT
BETWEEN TEU R. JENKINS AND THE
CITY OF HUNTINGTON BEACH -- SLURRY SEALING
THIS AGREEMENT, made and entered into in this _IX day of
q 1983 , by and between the C I T'." OF HUN'rI NGTON BEACH , a
municipal corporation of the State of California , hereinafter
referred to as "CITY , " ana TCD R. JENKINS, an individual ,
hereinafter referred to as "CONTRACTOR . "
WHEREAS , CITY has solicited bids for a public works project
( herein as PROJECT ) more fully described as the slurry sealing of
various existing streets , MSC-212, and
WHEREAS , CONTRACTOR has been selected and is to perform said
work ,
NOWt THEREFORE, in consideration of the promises and agreements
hereinaft-er made and exchanged , the parties covenant and agree as
follows :
1 . STATEMENZ OF WORK , ACCEPTANCE OF RISK
CONTRACTOi. shall furnish, at his own expense , all labor. ,
plant , tools , equipment supplies , transportation , utilities and all
other items and faci ; ities necessary to complete and construct, in a
good and workmanlike manner , PRO.IUCT .
CONTRAC'_QP agrees to furnish all said services and
material contemplates and embraced in this agreement , and assu,ne
loss and damage arising out of the nattir3 of the aforesaid �: :� k
during its progress or prior to acceptance From the action of the
elements , and from any unforeseen; difficulties which may arise or
be encountered in the prosecution of work , and for all other risks
of JeEcription connected with the work ; and aLl expenses incurred
by or in consequence of the suspension or discontinuance of work ,
except such as are expressly stipulated to be borne b-, CITY , and
for well and F- aithfully completing the work within the stipulated
time and in the manner shown and described in this agreement and
in accordance with the requirements of CITY under them for the
compensation set forth in its ac,.epted bid proposal .
However , the total compensation to be paid is to be
computed on the basis of the units of work as it is actually
performed in accordance with the stipulated prices natred in the
Bid Sheet ( s ) .
2. ACCEPTANCE OF CONDITIONS OF WORK , SPECIE:ICATIONS
CONTRACTOR acknowledges that he is fully familiar with
all the terms , conditi(-)ns and obligations of the Contract
Documents , as hereinafter defined , the 1ncation of the jobsite ,
and the conditions under which the work is to be performed , and
that he enters into this contract based upon his investigation of
all such matters ;,rid is in no way relying upon any opinions or
representations of CITY .
It is fuLther arlrecd that the Contract Documents are
incorporated in this contract by _his reference , with the same
force and effect as if the same were set forth at length herein ,
and that CONTRACTOR and its subcontractors , if any , will be and
2 -
r
r�
f
are bound by any and all of said Contract Documents insofar as
they relate in any part or in any way , directly or indirectly, to
the word: covered by this contract .
"Contract Documents " as defined herein mean and include:
A . This contract agreement ;
13 . Bonds for th- work covered by this contract ;
C . The CITY ' S standard plans and specification , and
special contractual provisions , including those- on file in the
office of the Director of Public Forks of CITY and adopted by the
City Council of CITY and any revisions , amendments or addenda
thereto, the 1982 edition of Standard Specifications for Public
Works Construction , published by builder ' s News , Inc . , 3055
Overland Avenue , Los Angeles , CA 90034 , and all amendments
thereto, written and pro-ulgated by the Southern California
chapter of the American Public Works Association and the Southern
California District Associated General Contractors of the
California Joint Cooperative Committee ;
L' . Hid documents including the tJotice Inviting Ends , the
Special Instructions to Bidders , and the Contractual Proposal ;
E . They project plans , specifications , special provisions
and addenda applicable to the PkUJEC'r. Anything mentioned in the
specifications and not indicated ir, the plans , ..r indicated in the
plans and not mentioned in the specifications , shall be of like
effect as if indicated and mentioned in both . In case of dispute
or ;ncors_stency between any plan or specification , the matter
shall be immediately submitted to the Department of Pubiic Works
3 -
of CITY, hereinafter referred to as " DPW, " without whose decision
said discrepancy shall not be adjusted by CONTRACTOR, save only at
his own risk and expense .
Should there be any ^onflict between the terms of this
agreement and the bid or proposal of CONTRACTOR , then this
agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the project with 10
calendar days after notice to proceed is issued and shall
diligently prosecute it to the completion within 120 calendar days
from the execution of this contract by CITY, excluding delays
provided for in Section 16 herein .
4 . TIME OF THE ESSENCE
Time is of the essence of this contract . CONTRACTOR
shall prepare and obtain approval as required by the Contract
Documents for all shop drawings , details , samples , and do all
other things necessary and incidental to the prosecution of his
work in conformance with the said progress schedule . He shall
coordinate the work, covered by this contract with that of all
other contractors, subcontractcrs -ind of. the CITY, in a manner
that will facilitate the efficient completion of the project and
in accordance with Section 3 herein . CITY shall have complete
ontrol of the premises on which the work, is to be performed , and
shall have the right to decide the time or order in which the
4 -
various portions of the work shall be installed or the priority of
the work of other subcontractors and , in general , all matters
representing the timely and orderly conduct of the work of
CONTRACTOR on the premises.
5. CHANGES
CONTRACTOR hereby agrees to make any and all changes,
furnish the materials and perform the work the DPW may require
without nullifying this contract. CONTRACTOR shall adhere
strictly to the plans and specifications unless a change therefrom
is authorized in writing by the DPW. Under no condition shall
CONTRACTOR make any changes , either in additions or deductions,
without the written order of. the DPW, and CITY shall not pay any
extra charges made by CONTRACTOR that have not been agreed upon in
writing by the DPW. CONTRACTOR shall submit immediately to the
DPW writtencopies of its firm ' s cost or credit proposal for
changes in the work . Disputed work shall be performed as ordered
in writing by the DPW and the proper cost or credit breakdowns
therefor shall be submitted without delay by CONTRACTOR to DPW.
6. NOTICE TO PROCEED
No work , services , material , or equipment shall be
performed or furnished under this agreement unless and until a
notice to proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant that the work site will be available on the date
the Notice to Proceed is issued . In event of a delay in
commencement due to such unavailability, relief to the CONTRACTOR
shall be limited to a time extension equal to the delay due to
such availability .
5 -
® i
7 . BON DS
CONTRACTOR shall , prior to entering upon the performance
" of this contract , furnish bonds approved by the City Attorney : one
in the amount of one hundred percent ( 100% ) of the contract price ,
to guarantee the CONTRACTOR 'S faithful pe►f )rrnance of the work and
to warrant 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, to guarantee payment of all claims
for labor and materials furnished . Such warranty shall apply to
all work done unde►- this agreement , includ -ng but not limited to,
any workmanship , installation , fabrication , material or structural
facilities constructed . CONTRACTOR, within ten ( 10 ) days after
notification by CITY of any defect warranted hereunder , may , at
its option , make appropriate repairs or replace the defective item
or items.
8 . CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT
CONTRACTOR agrees to comply with all requirements and
utilize fair employment practices in accordance with California
Labor Code Sections 1410 , et sect .
9 . CALIFORNIA PREVAILING WAGE. LAW
The CITY has ascertained from the Director of Industrial
Relations of the State of California the general prevailing rate
of per diem wages , and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this
contract, and the: same has been set forth by resolution on file in
6 _
0
the office of the City Clerk of CITY . CONTRACTOR agrees that not
less than said prevailing rates shall be paid to workers employed
on this Public Works co:tract as required by Labor Code Sections
1771 and 1774 of the State of California . In accordance with the
provisions of Section 3700 of the tabor Coda , CONTRACTOR further
agrees to secure payment of compensation to every employee .
10. CALIFORNIA PREVAILING WAGE: LAW - PENALTY
CONTRACTOR shall , as a penalty to CITY, forfeit
twenty-five dollars ( $25 ) for each calendar day or portion thereof
for Pach worker paid ( either by him or any subcontractor under
himi less than the prevailing rate set forth herein on the work
provided for in this contract , all in accordance with Sections
1774 and 1775 of the Labor Code of the State of California .
11 . PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE:
Sec ion 1773 . 8 of the Labor Code of the State of
Cali -fornia , regarding the payment of travel and subsistence
payments , is applicable to this contract .
12. EMPLOYMENT OF APPRENTICES
Section 1777 . 5 of the Labor Code of the State of
California , regarding the employment or apprentices , is applicable
to this contract .
13. EIGHT HOUR LAW
In performance of this contract , not mot: than eight ( 8 )
hours shall constitute a day 's work. and CONTRACTOR shall not
require more than eight ( 8 ) hours of labor in a day from any
person employed by him hereunder except as provided in paragraph 9
above .
-- 7 -
0
CONTRACTOR shall conform to Article 3 , Chapter 11 part 7 (Sections
1810, et seq . ) of the Labor Code of the State of California, and
shall forfeit to CITY as a penalty the sum of twenty-f ive dollars
( $25 ) for each worker employed in the execution of the contract by
CONTRACTOR or any subcontractor for each calendar day during which
any worker is required or permitted to labor more than eight ( 8 )
hours in any one calendar day , and forty ( 40 ) hours in any one
week in violation of said article . CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each
calendar day and each calendar week by each worker employed by
CONTRACTOR in connection with the project .
14 . PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll records
showing the name , address, social security number , work
classification , straight time and overtime hours worked each day
and week , and the actual per diem wages paid tr, each journeyman ,
apprentice or worker employed by him in connection with the
project , and agrees to insist that each of his subcontractors do
the sage . CONTRACTOR further agrees that his payroll records and
those of his subcontractors , if any , shall be available to the
employee or his representative , the Diviaion oL' Labor Standards
Enforcement, and the Division of Apprenticeship Standards , and
shall comply with all of the provisions of Labor Code Section
1776, in genera]. .
15. INDEPENDENT CONTRACTOR
It is further understood and agreed that the CONTRACTOR
is , and shall be , acting at all times as an independent contractor
8
herein , and not as an employee of CITY. CONTRACTOR shall secure ,
at its expense , and be responsible for any and all payment of
income ta:-: , social security , state disability insurance
compensation , unemployment compensation and other payroll
deductions for CONTRACTOR and its officers , agents and employees ,
and all business licenses , if any , in connection with the services
to be performed hereunder .
16 . LIQUIDATED DAMAGES
It is agreed by the parties hereto that in case the
total work called for hereunder in all parts and requirements is
not finished or completed within the number of calendar days as
set forth in Section 3 herein, damage will be sustained by CITY,
and that it is and will be impractical and extremely difficult to
ascertain and determine the actual dainage which CITY will sustain
in the event of and by reason of such delay ; and it is , therefore ,
agreed that CONTRACTOR will pay to CITY the sum of one hundred
dollars ( $100 . 00 ) per day for each and every working day ' s delay
in finishing the work .in excess of the number of working days
prescribed ; and CONTRACTOR agrees to pay said damages herein
provided for , and further agree ; that CITY may deduct the amount
thereof from any monies due or that may become due to CONTRACTOR
hereunder.
CONTRACTOR will be granted an extension of time and will
not be assessed with damages for any portion of the de l,y in
completion of the work due to wiforeseeable causes beyond the
control and without the fault ur negligence of CONTRACTOR,
- 9 -
I
including but not restricted t�) acts of God or of the public enemy ,
fire , floods, epidemics , quarantine restrictions, strikes, and
unsuitable weather , or delays of subcontractors due to such causes .
CONTRACTOR shall within fifteen ( 15 ) days from the begin-
ning of any such delay (unless the D13W shall grant a further period
of time prior to the date of final settlement of the contract )
notify the DPW in writing of the cause of the delay , and CITY shall
extend the time for completing the work if , in its judgment , the
findings of fact thereon justify the delay , and its decision is
conclusive on the parties hereto.
Should CONTRACTOR he delayed in the prosecution or com-
pletion of the work by the act , neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials, if said mater-
ials are required by this contract to be furnished by CITY , or by
damage caused by fire or other casualty for which CONTRACTOR is not
responsible , or by the combined action of the workmen , in nowise
caused by or resulting from default or c:ol ) usion on the part of
CONTRACTOR, in the event of a lockout by CITY, then the time herein
fixed for the completion of the work shall he extended the number of
days the CONTRACTOR has thus been delayed , but no allowance or
extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen ( 15 ) days of the commencement of such
delay .
No claims for additional compensation or damages for
delays , irrespective of the cause thereof and including without
limitation , the furnishing of material by CITY , or delays by other
- 10 -
contractors, subcontractors or CITY will be al .i:-)wed and said
extension of time for the complet ►on shall be the sole re-iedy of
CONTRACTOR.
17 . DIF['ERING SITE CONDITIONS
( 1 ) Notice . The contractor shall promptly, and
before such conditions are disturbed, notify the DPW, in writing
of :
( a ) subsurface or latent physical conditions at
the site differing materially from those indicated in this
agreement ; or
( b ) unknown physical conditions at the site , of an
unusual nature , differing materially from those ordinarily
encountered and generally recognized as inherent in work of the
character provided for in this agreement . The DPW shall promptly
investigate the conditions , and if it finds that such conditions
do materially so differ and cause an increase or decrease in the
time required for 1.)erformance of any part of the work under this
agreement, whether or not changed as a result of such conditions,
an equitable adjustment shall be made and the agreement modified
in writing accordingly.
( 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 time
prescribed therefor may be extended by CITY.
18. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this contract ,
_ 11 _
It
subject to any additions or deductions as provided in the Contract
Documents, the sum of one hundred forty-seven thousand, five
hundred eighty-seven and ninety seven hundreths dollars
( $147 , 587. 97 ) as set Eorth in the Contract Documents and provided
For in Section 1 herein .
19 . VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not
govern final payment . Payment to tr,e CONTRACTOR will be made only
for the actual quantities of _ontract items constr_r.ictec in
accordance with the plats and specifications . Ur-on completion of
the construction , if the actual quantities show either an increase
or decrease from --.he quantities given in the bid schedule , the
contract bid price will pt-evail subject to the provisions of this
Agreement. Equitable adjustment in payment will be made upon
increases or decreases in costs due solely to the variation in
quantity above or below the estimated quantity when warranted by
the facts and circumstances. If the quantity variation is such as
to cause an increase in the time necessary for completion , the DPW
shall ascertain the facts and circumstances and make such
adjustment for extending the completion date as in its judgment
the findings justify . No claim by CONTRACTOR for an equitable
adjustment in price or time for completion shall be allowed if
asserted after final payment under this agreement .
20. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed and the value thereof . From each progress
estimate , ten percent ( 10% ) will be deducted and retained by CITY,
- 12 -
0
and Hie i-emainder. , less the -.tyinUllt: CA Fi l I pt:e iou s pdynients
commen(�omen t o t the work , will ')►t to
I C( NTRACTOk has , in t.h udgment th4, UPw ,
t.a i tntiulIy ex(�cute(I f irty 1)(21-c ent ( 5U'+, ) of- rnmu of the value of
the w(:)t-k as detet'mi nevi t t-cmi the ni d schedu It? , anti i f the DPW f i nds
t.lint sat i F, f a(7 to -y 111-o(jr-E_�ss Las hec« n anI i s boi.r►() made , the
CONTR AC'D)P ^la,' he pa i d ;LlCh sum C-is, W i 11 br i n:1 the 1)ay m�c?n t:s, of each
month up tc) orlehundred pet.-cent ( I00'� «,f tht:! va111 e -)f thQ work
Co' )let d sines- the cnmmencernc'nt of the work as determined by
DPW , less a 1 ] previous payments an<i Ie,s a 11 1,revi •_}Us, ro.. tained
amounts . 'Ctl«_ t i na 1 1«ayment , i t unenc-umb . t'ed or any pci r , thereof
u'lencumh01-1,'d shoal l madt, thirty - rive i ? 5 ) days after the
ciCCt'1Jt3nCti• nf: tht! wrm-k ilr.10 t.ht' f iIirl(j ;: t i N i c t (fit. Completlor► by
CITY . Payment-s stl.11l tit2 ln,ad nn uc•inItrid drawn in r.he manner
r. eyuiri-?(-i by law , ic«. )m1')anic .f t ,' ii c � ti ` ic,► t' t? gignea by the DPW,
St<3 «' ! n .! t.hat t. w%')r-r; fc)i' -wh1C'h i -il'1'llie:''It 1 dC'mande(f has been
il.? rt )r-rml .-k! It) 'I(_' Witt. t. tl«' t.«?t'JiiS f: th c1-")ntr-act , rand that
tho ainf, int.. c; t •Itk?d i11 th«' ce1-t: iL1l',at.o iF, due undt,r' tht' t -? r111S of the
(' ilt_ r"c_iCt Part. I " I 1)?iyIllc'IIt:S oll t h«' cf ,ntr-a(. t pr- i cc shall noc be
)t' Any p,at't. 0 tilt, wni-t: .
W ITHHELI) (.l)N'i NINC i' FUN OS , SUfiSTI 1'U C ION (.)F SECUItITIES
At t.h 1it,i; pan(: ex1.)rn�;t2 who shall
r-etnin he110f. iciitI «-)'»lnk- r-shil) and rt_�ceive intt• r-(art_ , if any thereon ,
CITY 5;ha 11 per-mi t t.hi: subst i t.utLc)rl :an(:i cfoposi t. t110rewi. th of
securities eCluivalent to the arnount -)t any monies withheld by CITY
to ensure performance under Section 20 of this contract .
13 -
22 . AFFIDAVIT:; OF SATISFACTION OF CLAIMS
After the completion of: the: work contemplated by this
contract, CONTRACTOR shall. file with the DPW its at l idavi t stating
that all workmen and persons employed , all firms supplying
materials, and all subcontractors upon PROJECT have been paid in
full , and that. there are no claims outstanding against PROJECT for
either labor or material , except ceriain items , if any , to be set
forth in an affidavit covering disputed claims , or items in
connection with Notices to Withhold which have been Filed under
the provisions of the statutes of the State of California .
23 . WAIVER Or CLAIMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of: all claims against CITY
under or arising out Ot this contract .
24 . INDEMNIFICA'rION ; HOLD HARMLESS ; DEFENSE
CONTRACTOR agrees to protect , detend , indemnify and hold
and save harmless CITY , its ,officers , agents and employees against
any and all liability , claims , judgments , costs and demands,
including death or injury to CONTKAC"FOR ' S employees , and damage to
property , arising ditectly or indi. r. ect :y out of the obligations
herein undertaken by CONTRACTOR or out of the operations conducted
by CONTRACTOR, save and except those which arise out of :.he sole
negligence or sole willful misconduct of CITY . CONTRACTOR will
defend any such suits at the sole cost and expense of CONTRACTOR
when requested by CITY , and any costs of defense or attorneys
fees incurred by CITY in enforcing this obligation will be
- 14 -
` l
reimbursed to CITY or may be awarder t(-) CITY by a court of
competent jurisdicti-)n .
25 . WORKERS ' CI. 1PENSATION
CON'I'RACTUR acknow 1 ,!df], -, .and undertakes its duty under:
the provisions )t Section 37OU et seq . of the Labor Code to insure
against liabi 1 ity for w(-,rkers ' compensati(-.n and covenants to
comply with sucti prc>vi ., ions prior tO commencing the performance of
the work hereunder .
CONTRAI.-rop shall maint.air, workers ' cc,mf�ensation
i.n:.urance and (-therwise co;nply with all of the provisions of the
Workers ' Compensation and Satety Acts (-)t the State of California ,
the applicable provisions of Givisinns 4 and -) of the California
Labor Coda and all amendments thereto ; and all sirnila - State or
eederal acts ,or laws eppl i cable and shall furnish to CITY a
certificate of workers ' compensation insurance evidencing such
comp] iance . The insurer -,hall furnish to CITY a certificate of
workers ' compensation insurance:t . 'i'l1c provider -)f insurance shall
not cancel of modify any such policy sO prov , d-. d without thirty
( 30 ) days ' prior- writ:ton notico Lo CITY.
CONTRACTOR shall further require a l ' subcontractors to
similarly provide such workers ' compensation insurance for all of
the subcontractors ' employees . CONTRACTOR shall furnish a
certificate of_ waiver of subrogation under the terms of the
workers ' compensation insurance , and CONTRACTOR shall similarly
require all subcontractors to waive subrogation .
- 15 -
CONTRACTOR ' S workers comhensa t ion insu ranee-, she, 1 1 be in
tor.ms and underwritten by insurance companie-F� satisfactory t-_o
CITY . Saio insurance sh;il 1 remain in +:orce unti 1 the work under
this contract is fully completed and accopLcd by CITY . Said
insurance sha11 nOt de!-r)gate tram the prov- signs for
indemnification of CITY by CONTRACTOR under section 24 of this
contract . CONTRACTOR sha 11 , notwithstanding nor diminishing the
foregoing obligations , subscribe tr)r and maintain in full force
and effect dur i ng tale 1 i fe (-)t th is contract a workers '
compensation liability Inc)licy , in accordance with the Workers '
Compensation Act c)L the :Mate of California , elf not: less than one
hundred thousand dollars ( $ I00 , 000 ) .
26. INSURANCE:
CONTRAC'TC)R sha 1 1 a L 1 1 1 t imos carry c,;; all operations
hereunder , bodily injury and property damage liability insurance ,
including automotive bodily injury and nroperLy damage liability
insurance , in forms Jen(l undQrwritten l)y insurance companies
satisfactory to O_ iTY f(-)r : a 1 1 oherat ions, subcontract work ,
contractual obligations , product: c)r completed operation , all
owned vehiclr_-s and non-owned vehicles . Said insurance coverage
obtained by the CONTTRACTOk shall name the CITY , its officers ,
agents and employees and all public agencies as determined by th,y
CITY as additional insureds on said policies . CONTRACTOR shall
require its insurer to waive its subrogation rights against CITY
and agrees to provide certificates evidencing the same .
- 16 -
Before CoWrRACTUk per. to►-ms any work at , or prepares or
delivers materials to the site_ of construction , CON'TRAMOR shell
furnish to CITY certificates nt insurance subject to approval of
the City Attorney evidencing '.he f.oreL,loi. n(j insurance coverages and
such certificates shall provic.fe the name and policy number of each
carrier and policy and that: the insurance is in torte and will not
be cancelled without thirty ( 3U ) days ' written notice to CITY .
CON'rP-ACTOR shall maintain all ot. the foregoing insurance coverages
in force unti 1 the work under this contract. is f:ul ly cOmpleted and
accepted by CITY .
The requ i r#-,ment f(--,r �• � rr. �,✓in l the foregoing insurance
shall not derogaL.2 trom the provistons fc)r indemnification of CITY
by CONTRACTOR under :section 214 nt this contract . Nutwit=hstanding
or diminishing the -bligations of CONTRACTOR with respect to the
foregoing , CUNTRAC: TOR shall subscribe t�)r and maintain in full
force and effect during the 1 i te of this conLract. the following
insurance amounts : n(-)L lass than t.hr',e! hundred thousand dollars
( $300 , 000 ) combined sinetle limit. coveraile for Items A and H .
A. Bodily Injury Li at_ i l i ty
and Automotive Bodily Injur
Liability ( including non-
ownership and hired cars )
B. Property Damage Liability
and Automotive Property Damage
Liability
CITY or its representative shall at all times have the
right to demand the original or a copy of: all said policies of
insurance . CONTRACTOR shall pay the premiums on all insurance
hereinabove required .
- 17
27 . DEFAULT AND TERMINATION
If CON'I'RACTuR r a i 1s or refuses to prosecute the work
with diligence , or tails to comoletc_- the work within the time
specified , fir is adjcrdc�eci abankrupt , or makes an assignment for
the benefit of creditors , or becomes insolvent , or violates any
prevision .)f they Contract EJ�►cuments , CITY may give notice- in
writing of its intention t() tr.-rminate- the contract . Unless, the
violation is cured within t(,n ( 10 ) days after said notice of
intention has been served on CUNTRACI'Uk , CITY may terminate this
agreement upon the expiration of that timo .
28 . DISPOSI'TION OF PLANS , ESTIMATES AND UTHEk DOCUMENTS
CONTRACTOR agrees that: upon co nipletion of the work to be
performed hereunder or up(:1n e arl : er te� r. mination of this agreement ,
all original drawings , re;)(-)rts , calculations , map, and other
documents , perta i n i ':cj ro sa ill contract: , Shall be:- delivered to CITY
and become its soles property at no further cost .
29 . DISSATISFACTION w I TH PERFORMANCE
In t,1e event. that_ CITY is (iissatisf ied with performance
of CONTRACTOR and the hr-oce,dures for termination set forth in
Section 27 are f�) 1 lowe(J , CITY may elect to assume complete control
over PROJ EC'I'.
30. NON-ASSIGNABILITY
No assignment or delegation by the CONTRACTOR of this
contract or any hart, hereof , or of funds to be received hereunder ,
will be recognized by CITY unless such assignment. or delegation
has had prior written approval of consent of. CITY and the surety.
18 -
31 . CITY EMPLOYEES
CONTRACTOR shall employ no regular employee of CITY in
the work performed pursuant to this contract .
32 . ATTORNEY 'S FEES
If any action at law or in equity is necessary to
enforce or interpret the terms of this agreement , the prevailing
party shall be entitled to reasonable attor.ney ' s fees , costs and
necessary disbursements in addition to any other relief to which
he may be entitled . If any action is- brought against CONTRACTOR
or any subcontractor to enforce a Stop Notice or Notice to
Withhold , whic;r name. CITY as a party to said action , or by reason
of which CITY incurs expenses , CITY shall be entitled to
reasonable administrative and attor. ney ' s fees , costs and necessary
disbursements arising out of the processing of Stop Notices or
Notices to Withhold of any similar legal document arising out of
the performance of. this agreement . Said c.bligation shall be
provided for in the labor and materials payment bond required of
CONTRACTOR. CITY may set off any unreirnbursed cost or expense so
incurred against any surn or sums owed by CITY to CONTfiACTUO under
this agreement .
33 . ENTIRETY
'The foregoing represents the en � ire agreement between
the parties .
- 19 -
IN WITNESS WIiERE,0F , the I:arties hereto have caused this
Agreement tc7 hP eXQ(..ut(rri by and through their authorized of f ic;er. s
the day , month and ye_Lir t i rst_ above written .
coNTRACTOR: CITY OF HUNTI NGTON Eif•.ACN ,
n mur: i c ' al cot-pora t ion
By-
Ted R. .levkins - Uwnev Mayor
ATTE::T : APPROVED AS TO ORM:
City Clerk . ity Actor ey / Y--
REVI ' ' D APPROVED: INi'1'I ATE 1) AND APPROVED:
2� y 11C
City Administrator Director , Public Works
8/17/83
T F : b b
20 -
GENERAL ACKNOWLEDGMENT NO •b+
• ,�+<1.��,rr:�rrrrr,✓/rrr�+���.r_r....'r�+i�!r�;r_���'..e!r+t���.�ir.=�+11.��-i+�rr.�+r�.rrrr.:r.+,�,r.-�r��1��r�r.r�'�rr,r��rrr�+r_
Statecf �',t�t �`�►'i On thIsthe� (tay of •�:•�i � ! � tg' - beforeme.
1 5�
Countyof Lt'5 1►,,��' ( •. .• I.;;",f' T`;: •�,'►. ?1'::f,�� tir,:•
t )eundpr5,gr)e(j Nola!,v Public personall`•appea►ed c
personally Mno�vn to tre
proved to me on the basis of safisfactc►y ev+den-e '
lobe 1ha pers-,nls)whosPname(si subscribed to the
1 + iviin lnstr',merit aGh,Vv4ledged that ���' ,; executed it.
ViTNESS son � 1
,
PJ�t1fy 5nitl:l! /� \
��r�-:•-'r:� .�r,�..�..�-'ram.-•r.�.-.-.�.�rr.�'.-, -. .-.�.r.-..'�;�. S��'r;.r������.'�.��.!Jj+i r:•:��.�.�.!••.-i.-!�..•�,-:�,�.�'�•'�:J.Y,.�r��!���i�✓,�,�ir.r•'r'r:�r:�',,�
1110177 Of•f) •PO I1)m 4e,t•IVrrr1 A^! IbUS %A 41)64
1
GENERAL ACKNOWLEDGMENT No 201
�+�-'�+?..�'.�i+�-'�?.r�.r�..dcr�'1',•''?i���'.���?.e�i��e�`'�.����e+i+�++.r_..c'r��l1i•'ii�'.�.t+,d�1.�i��r�+i?r1�'r'�.e::1'�.�rr�+lr✓rr�"1'�'"�
`t
Au u r -__-___ _-.-- ._-_ 19 8?__. before me, 1
Stateoi .Ca 't ja,trc,Z_ _ On this the �'� day of 9 _.
SS. .
! County Of Exi-b2242 Ani, 111UuL,-SLL1
` the undersigned 14otary Public, personally appeared
T('It R. Jc'izkiits
personally known to me �L
proved to me on the basis of satisfactory evidence l`
to be the
whose
wi hin'r t�rn nt'a d ack owecdged that subscribed to the
y ,-executed It. '
r WITNESSm� nd and off+Cialsea
�
NotarY'SStghattire
��rr.-•r..-;-�-:—•r,�,-...,•;���,:.;.:�,.�.:-:�.�,-.�—r.-'•,.�r.-:��•rrrr_.-'�r�•.-�,--,��.+.-.-�:-���s,c:=����:.,�,�::.•r�:-:�.-.-r�f�•r..�rrr�rrr.+,rrr.�.
7t!0177 N�Tr�4�l NOTARY ASSC\ IATIO04•.3d!7 Yvan&Nh0 •PO Ek)• t825•Wocdls I!tots CA 91354
State of California,
I SS:
County of ___ ORANGF f
c.1iy a} AUGUST ,r, thr! yr-.fr 19S3 before me Notar ' of Public;
On this__..___--` __-_-- _. -._ _ . _... _ _ �
personally appeared .__._.. _. _ - Ct4FN M . f3f'Cxr'': . _ _ __ . _ _ ._ , poison,illy knuron to me for proved to me
on the hasis of satisfactory evidem.0 fc) I& th., r--oo i-,hose rix7ie rs to this .nstrurnerit as the Attorney ln•Fact
or UNITED PACIFIC INSURANCE COMPANY. . rid m4 !wv,'--cdgv to nit, thjt fit, (shed iuhscrlbecf the name cat UNITED
PACIFIC INSURANCE COMPANY theism .is surety, and t , Pip- l ossn rume ,o Aiiorrre) P) F,u't.
_ ?' 1 �
My Commission a%pires L_ 4�
i
BDU-1818 ED 612 (CALIF 1 Nntary '6iir in dnd for S.6t County
UrTITH:D ACIF'IC IN'�URA C Q: CUDdPAI�7'�'.'
HICAD C.FVICE, FEI]Fr.AI- WAY, WASHINGTON
EXECUTED IN TRIPLICATE Bond No U 50 09 60
PREMIUM FOR THIS BOND INCLUDED
IN CHARGE FOR PERFORMANCE BOND PAYMENT BLIND
CAL!FORNIA — PUBLIC CONTRACT
KNOW ALL MEN THESE PRESENTS, 9`131 TEM R. JENKINS
as Principal, and the UNITED PACIFIC INSURANCE C0110PANY, a Washington corporation author-
izers to execute bonds in the State of Ciilifo-nia, is Swei',', ar!a held and firmly bo,,!nu unto
CITY OF HUNTINGTON BEACH, CA
as Obligee, in the sum of SMFENTY THREE T110USAND, SEVEN HUtJDRED NINETY THREE .S 99/100THS—
--------------------------------------------------------Dollars IS 73, 793 .99 �
for vdiich surd we birld oi; i t)eh.! s, ()-jr hflirs, s-'-.ecajler s, i!inlllll';t'iitl;/ s'Jl cvcs)r$ and assigns, jointly and
severally by the,,,- orewnt
The Condition of the ijbove oblidiition 1= such that, tti'herE:3s the Prins iL31 on the day
of 19 entered Into a contriict With the0t-,h (?e for i!•�
SLURRY SEALING OF VARIOUS EXISTING STREETS PRWECT NO. MSC-212
NOVV, THERD:ORc, if (ho Fit ove hnur.dt!n Prmcip'-)l Or his subcontri-i,--tr, s f;iil to pay any of the
jx'r•sons named In Sc-clion ''181 l f tl"r' civil (-.(de of t!)e Stcit!' rat Ciillforn:a3, or amounts due i.nder the
Unemployment to vvort, w ' 'h.:1r (d-riorr1}vd by (i►iv ;i;(:h claimant, the Surety
w*11 gay for the 'trne, in )rl arn'lunt not f'Y :�'''till'r1 th�r s(i'T) Sj)!'.CI ill tf1!i a0rl(i, rlllti a150, in Case 5111t
Is drought upon this oond, a re,ison ihle attorn!.y's tt. f'., In be fled b,,f the court.
This bond shall inur!., to the t)erlr:-tit of ,any and all persons entitled to file claim under Section 3181
fIf the Civil Code Of the Stat!' of CahlUrnl;I, 5") &)I t() jlV,q ii righ,' of action to them or their assigns in any
suit brought upon this bond.
' 23RD AUGUST � 83
Signed and �7lt.ci thi-; r�r�, !:�t ,g
TED R. JENK.NS
l /• 'Jam' � .
UNITED,P1�#F1C 1NS- ��E COMPANY
OW EK K. OWN,
BDU-?H(W Er.9r?2 (CALIF.)
9
.3
0.
a
CONTRACTCALIFCRNIA PUBLIC
fl 1�
I
PRINCIPAL
OBLIGEE
P
T
� I
Q
I
i
r
GENERAL ACKNOWLEDGMENT NO 201
�r+:+��e+r.�.rlrrrr,=.r:��rr.��:+�.,�-tr.�.�r.:y.+�i_�.•3r.�:+.r1...r.Gr�!rr�,r�+/�.�.�%r'�'err_1.�,�r...�rr�.��.r.-!_.�;-�<�+.rl,.-��r,.-1..-•r�r���..✓
It-this On =�
� .. . clay of .U, ,4.L 1 19. 83 , before rne,
l S,
County of Ll
L the undersir,nc-d Notary Public, personally appeared
1
l
personally �xnvvn to me
provacl to me on the basis of salrsfacto- evidence L
to be thn person(sl vrnose namet6) t.S subscribed to the
vtthin instruntent,and acknowledged that !t►' Executed it.
V'dITNESS rn; hjplc! ,1-10 c,ffl fal seal �
,� Nnt��ry's Signaf;irC+ 1
��,�.-.-�'..'.-���..��..:�•.�,-'.�>..+... .-:'.-r:-.-�►',�. .-;-'-.ter.:-'....-.-;�;+r:-r''r r,y -i'J/.�r.���r'..!.�.� .-'. � .r'r..!a�.� .�.�r
l
•• VV" -• ONI PO B.', 4625 0 WacV,1'1•7�'.r+ CA 91MAI
b
State of California,
I SS:
County of __ 01WGE __ I
r On this—_ � day of _____ AUGUST _ _..... in the year __._-_983 before me Notary of Public
personally appeared C7lJEt7 M. DI�OWf:__! ____.�, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person vdioso mime is subscribed to this 1rrstrument as the Attorney•In•Fact
of UNI -EJ PACIFIC INSURANCE CO1MPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety. and his (her) own mane as Attorney•In•Fact.
e
. j
My Commission expires ----
BOU•1815 ED.6M ICA LI F.! Notary Public in and for said Cnunty
v
TJ'NITH:D FA CIFIC INGVRAN COMPANY
HEAD OFFICE, FEI)ERAr_ WAY WASHINGTON
EXECUTED IN TRIPLICATE Bond Nq). U 50 09 60
PRPAIUM: $553.00
PE RFORMANCE BOND
CALIFORNIA • I'lliil-IL'�'ONT(�ACT
KNOW r1l.l.. M N l;l"1•l1F:Sl- PRl•.SI-N'l S Th;it rED R. JENKINS
as Principal. and the IINFITA) (I M PANY. a «•:Ishington corporatiern anthtlriicd to
'nectite honds in the Statr of Calihmiia, a,, Snret , . are held anti f'irttll\ h(►tind lints►
CITY OF HUNTINGTON BEACH, CAL 1FOR;'.A
as Obligee, in the stint ()l ONE HUNDRED FORTY SEVEN THOUSAND, FIVE HUNDRED EIGHTY SEVEN AIM
97/ 100THS-----------------------------------------------4)AIarn I S 147, 587.97 1
for Which S0111 We hind otirsrlves, trtir livirs, �tit.,ccs.-. ►r, ,Intl assign". Wintly and
severally by these presents.
THE CONDITION of the ahmc trhliLalit►n 1,, .u,h th.11. Wlietc,i, the l'rincii):el hax, entered Into ,I
contract, dated , 111 . %pith tht• 0hhL!k-C
to do and perform the ft)Ilowin,- %%ork to-wit SLURRY SEALING OF VARIOUS EXISTING STREETS
PROJECT NO. MSC-2 1?
�. . .,rney
NOW, 11II,RI1:01U. i1 the said 1111rlcihal .hall r.Cll .wd II1% p):11(►rin the %wt-k :t111tractetl ttr he
per ft1r III Cd tllU_10- ',:I:d 1A III Ira I. I lie it 011, t0,11,L'.iIIon 0i,t11 llC 1(t1..1 . 4)1Itt'rNl-,t' Its remain in ftiII force ;InkI
effect.
• f
Signed and sealed this 23Pt► AUGUST 83
TED R. JENKINS
►
I seall
UN'ITI'U 1f�Y1(1'"I\, fit" F (-0M1';1NY
aJEM > OWN :1tt t►tnt•p-in [•'act
f
HOl/ IS01 CAL, . MNtQAC;I PIMLIC t'l Pf OPMANCI R-7QlS
No.
I't�Ilt�t ►It�t�1\( 1. lice`:I>
I•+
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE, FEDERAL WAY,WASHINGTON
X.
,. - `,� = . yy +,b�.. ,',�:: �j y��+• --.tK l� Tf�t��4 '' L"'M4.f, Lvs�.tiill
acorW
MJ + . I l • .., 1 .:J+ • 1 ,. 1� 7
I COMPANIES AFFORDING COVERAGES
i 4V.' M. BPaI I INSUFJL4CE -
PO BOX 8599 (`�)
A
ANAHI:L"1, (..A •12�3i'l
B ARGONAUT INS1JH1L:CC WNIPANY
C
TED H. JENKINS 5500 EA s'r 2!.,L) S':
LONG BEACH, Cep 90803 - —....
r
in ,t+.. f l -i Th 7usancls
iiF!iER•'.; I:dillvr
13
. , . 13—r1o1(?=3.: 12- 1-:13
Milk
-1000
)MNXX THIS IS ';O CF.RTI!'Y THAT WIFF HA '1: IS:-1'I::r A WOPKER' S (X MPE NSATION POLICY
I`: A FO'P.M APPI?UVED :3Y 'rEIF. i.I.IF'c,'r.::I ; 1":S',1kANCF (70'AMISS101. 'ro 'I'tl : 'r?,IPLUYER i.AMED
AhOVL FOk 'IHE POLICY PF.I,'L')I) I`:I)ICrt'i?}.i•
'Sul' ;�5��..iX."�"1.�.`sk�l:�z5�.;�: �.'.�:'t;t�crec t�iy-::zcsst�►3rr�e�.��a�3raz:.�: ,-aa..ir.�J'a•'�i'r�i `�
JOB : SLURRY SEALING 0'r VARIoUS E:YI S'ri::(I STRE"ET — :':;(>J:;' :' ?. '!S('-21.'
Cancellation.
XXXXXXXX'X .3II__._ r • r' %='t"XXK.ILXX
XXXXXXXXXXXXXXXXK.UXX,'(XXXXXX:iXXXXXXXXXXXKX X
AUGUST 23, 1983
CITY OF HUNiIN(M',! F3Ia\Cti
CITY HALI.
2000 MAIN S'r / —
HUNTING':OIJ BEACH, CA
iCfi+)I�f I !9J
YN •-... T 1 t „jam, , ;,,, - . ; ��I�L� r �"'.a e'Lt1� y�r' r A ij� � 1�#,•.iA�;t}'!T
dl
ocoro
kn
COMPANIF S AI FORDING COYERAG!S
CMEN M. DRCW!v INSURANCE
PO F30X 8599 A CONSO LIUATFI) AM!:.RF:Iti2: INS1(RANCE (X).
ANAHEIM, CA 928 U 2
B
TEX) R. JEh'KI NS LJ
5500 EAST 2ND STREET i D
LO:K.; BEACH, CA `,'I0903
----
i .I•�,tti -+ l �.thllit; In Thou
eands ff
c'IF"+IRa; 1.1;f1'.it SUF1Rta-3A I�1ti_I_S HF•:f��:F3Y �til.I�'F;F� 'IvITH
t
RESPECT .Q THE, CITY GF HT ';:I: �'1'O'._ F iCfl, Cn
' SOI) 500
X
X
A x
Sy1
I F 1rA1•E f ttC,yjr��
s
11
Irf •
1 � 1:1 1 1 t.l � JL /LL �/71/� l ` ti .i li.W tE S tl'!Li•/Iwlr >Ml -
�M.��jr��'1.Sal.'.N[T..�M'.MdK:JwiY'.tTY.!!KM'.Ll1SiA�,/��� �lyi.�ri2.�rT.1YbM�•lsit•{l�Y�'T1Yi.1.4i7iYi✓r�1NY� F •W�.fCSa1^.l
JOB 3-LURRY SEAL. OF t ARTI)Uo" F::.I 'F'I::c; 'I'RtF:'i'ti - r: ._'tiII:."C ti `. MS)(: 12
ADDITIONAL INSUREDS; CITY OF HUNTINGTON IMP.Cf!„I'i S OFFICERS, AGENTS 6 EMPL01 F ES ( AS PC''
Cancellation. 1.
Xxxx xxxmx
X)ax(xxxxxxxxxlxxtixx)cx:ixxx.xm.uxxxxxxxxixxxxxxXXxxxxl..xxxxxxx
AUGUSP;3, 1993
CITY OF HUNTINGTON REACH
CITY HALL
2000 AMN ST
HUNTINGTON DE:ACH, CA 92548 �.1•�I,-� 111� t
C Ft� M. DRCAIN/pac
i
" ENDORSEMENT .
(Form CA 108 ED 8/77�
EYlcrtsion of Cmcra;r to a Specified'En ity
1. Name and address of entity: CITY OF 11UNTING'foll BEACH, ITS OFFICERS, AGENTS
6 EMPLOYEES
CITY MALL - 2000 MAIN ST
HUNTINGTON BEACH, CA 92648
2. Description of operation p-2rforined by the Named Insured:
SLURRY SEALING OF VARIOUS EXISTING STREETS - PROJECT MO. MSC-212
Coverages A and B shall apply to the individual, corporation, partnership or joint venture named in
this endorsement, solely, howev.r, as resp;cts liability of such describ_d entity, arisins out of
operations described in this cndorsetttcnt he:rform d by the Panted Insured I'or the rl.be:ribvd
entity, provided, however, that:
1. The described entity shall not be considered a Named Insured for purpow-s of this
endorsement, and
2. No coverage is afforded by endursern:nt for liability of others assumed under contract by the:
entity described in this vndorstnttttt.
Oust of Job Rites Premittm
RI I'D 131 PD
A11 oll%r twills and condll it)its of I h I s puli;y %;naiit itn:lt.tn^�J.
Phis rndurstttttnt pX , f(irmim., a hart or Policy No. CAP 175161 is cffeclive 8-23-83
r4anttd Insured TED R. J-N):INS
awfioriO sirnarure for
CONSOLMAITED AMERICAN INSURANCE C0111':%NY
Co EN Pi. BROWN/pae
GENERAL ACKNOWLEDGMENT No z01
��r'et'�r?.�i-��.?�"tr'��.rr.�/�rir,�+�_+�+.+��:�.Cir..+,�.s?�rr��1:�.r�/�%!.�1'�+i�..��,i:.�rl�.,�_.r�.r+.r��.fir_r�.�+�!.'+r�.,r�'-'.�:-..:�.rr+��•+.���
State of _Ca1 ifontia _ On this the day of tic'j�tc�mhct 10-1 , before me,
SS.
Countyof l.os_:1n+`e1 .► i i 1 Min }hlcl;.l
the undersigned Notary Public, personally appeared
�, •I•cc: }�. •ft:tl�.1I1�•
- personally Known to me
proved to me on the t-asis of satisfactory evidence
• � lobe the persons) whose name(s) __. t � _____ _ subscribed to the
: .
within instrument, and acknowledged that _ lit' _ _..executed it.
;WITNESS my, hand and official se i
Notary's Sig-riattl(r .,
�.;.._,_;..,.:_r.;-rr;�..�.f.;�...:=.���,�r�:-;err.-'-'r�:••�r..+rrr:-:r�',�+,�r-;�,�r=.-�,.���'rJ,-.=-���r�;-+r�!�-r��rr�rrrr.�.•r.-Y,r,�.e.'.•��
qep�•�7 NATIONAL I.t IAr1v ASSCOVIC>'1•;.l 7 vr-%'d Bc.d • r'o so. A6 5•Wc"is d H'!f c•91%4
t
J f State of California,
5S:
County of
On this clay of -_-- PTE'_1F3f_i+_ — in the year ___ L'?8 ------_, before me Notary of Public
personally appeared _—___.—_OWEN M__BROWN personally known to me (or proved to me
on the basis of satisfactory evidence) to . e the person whose name is suhscribed to this mArument as the Attorney•In-Fact
of UNITED PACIFIC INSURANCE COMPANY, anti acknowledgai to me it•,at 11NITED PACIFIC INSURANCE COMPANY
executed the instrument.
� •. '-"J'C+'?.:.i .. =ram� ..� .� .'Y ,}�..�- / �(. / , ,1 /� \- ' i
My Commission expires 19 __-. ._ _ L %o t y -
ADU•1818 Ef). 6l83 ICAI.iF•_. _ _._ . .----..-_ .__.__—.• •—..._�
t hotery Public in ,n�fcn said County
MAINTENANCE BOND Elortd No, U 50 09 60-A
UNITED PACIFIC SNSURANCE COMPANY
HEAD OFFicr:, FEDERAL WAY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS, that we Ted R. Jenkins
as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held
firmly bound unto CITY OF HUNTINCTON BEACH, CALIFORNIA
as Obligee, in the full and just sum of nt:F. HUNDRED SEVENTY SEVEN THOUSAND, FOUR HUNDRED
SEVENTY SIX AND 15/100ths---------------------------- Donars (i177, 476. 15 1,
for the payment of which sum, well and truly tc be rrade, we bind ourselves, our heirs, executors, administra•
tors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entemd into a contra:.? with THE CITY OF 11LITINGTON BEACH, CA
dated 18th July 1983 for SLURRY SEALING OF VARIOUS EXISTING STREETS
PROJECT NO. MSC-Z 12 DVA
� r
.r S
�eY
WHEREAS, said contract provides that the rrincip,3l v.i!i f!,irnish ,-r bond conditioned to guarantee
for the period of 0`'IE yearlsl after tcmT)leItlon F. acceptance on said job, by the owner, against
all defects in wor►.manship and material, v,hich may become apparent during said period, and
WHEREAS, thu raid contract h,3s b�I�In c:��rnpietC;i, an�� was apnro:ed cn JAN'UARY 1 1 , 1984
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ONE yejr(s)
from the date of approval of the said contract, the v.ork done under the terms of said contract shall disclose
poor workmanship in the execution of said v:or1:, an-f the carryinq ()Lit of Vic terms of said contract, or it sha'I
appear that detective materials were furnished thereunder, then ,his obligation shall remain in full force and
1, virtue, otherwise this instrument shall be void.
• Signed and sealed this 12th day of ISEPFMBER , 19 84
Witness:
1�
Primp i
- 1 UNIT RAN"CE Y
S E3 OVIE, %f. WIN,
Attorney-in.Fee!
BOU•2306 ED. 7.71
AY ~
City of Huntington Beach
Department of public Works
P . O . Box 190
Huntington Beach , California 926,; 8
Attention :
Subject : Certification of Compliance with
Title VII cif the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned , contractor on
Project No.
hereby that all lr]bc�rer iTi'C:},►�l1rS , ?ZJ�'r'.!ilt ices , trainees ,
Wat:ci►l,1-2fI anci guards employed hi:% b-1- any -ub—ontractor perform-
ing cork. under the contr,c+t_ on t'i,• _ : jCct have t7l'('.n pa ic: t:a:;es at
rates not lass than: those real: ir(2J I)y the contra---t pro-:isions , and
ttl�
-ic L'hr wort; perfarmed b each su' is 1�0)orer ,, ir-,uchanlc , c-,pprenticc or
trainee conformed to the c !-;4-f; ic:�it_ ions scat forth i;i the contract or
training program provision _ a-,plicable to the wage rate paid .
•
' • Sic3nature and 'Title
• � .. i �. �.'i:�:( 1•'! , �ifl' (.�il'11l'i,' liili(l'((�IliZl
tJ
RCCFD(D 1,ti r, A[COtrOS
LAI-) 01 HUNTINGTON UtA h EXEMPT Of URAMCEOfth atlrOiiMIA
Officr of tIN, City Clvrti r 2
P. 0. Box 190 PMFEB ' ': 'e�1
NOTICE OF COMPLETION LEE A. BRANCH, County Recorder
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach , California to Ted R._Jenkins , 5500 E. 2nd Street,
Long Beach, CA. 90804
who was the company thereon for doing the following work to-wit :
slurry sealing of various streets in the City of Huntington Beach, Project MSC-212,
That said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was accepted by the City Council of the City of Huntington Beac►.
at a regular meeting thereof held on February 6, 1984 ,
That upon said contract the _ UNITED PACIFIC INSURANCE COMPANY
was surety for the bond given by the said company as reouired by law.
Dated at Huntington Beach, California , this 7th _ day of February 19 84 .
City Clerk and ex-o ficio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss :
City of Huntington Beach )
I , ALICIA M. 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 forerloing 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 7th day of February 1984 ,
t
This document is solely for the
officiAl bustneas of t.ho City '
o Huntington Ranch, as contem-
f City Clerk and ex-officio Clerk
plated under Governusont Code
Sec. 6103 and should ba recorded of the City Council of the City
of Huntington Beach, California
Preo of cbnrgo.
G pit f, RLi.urtUkt) "AIL TO: 11SC•?. I
NFRMED.COPY
111, ,ar HU=.,.�.'��t.:.t ►, EXEMPT #h Original
Nd!'C.om ene�d with Orl ��t
C1. 0, C 2 g i — If.
'• �V,i,•,/
1011CL Of LWPLIT1011 8`1 — r63431
Pit Ii It.I I . III t,I!iI G I"I N that the• euntrdct heretofurr awarded by the City Cuuncil c;t /
the City kit HoiiItr,.;tim H •ath, California to T R`Jenkins�5500_E. 2rid Street, P
Long Beach, C... 9,Ib04
who was thy' kwwpany thereon for doing the follooving work to-wit:
slurry seal ingof ►arious streets In the City of Huntington Beach, Project MSC-212.
RECDADED IN OFFICIAL RECORDS
OF ORANGE 00111111, CALIMNIA
5u PM FEB 14 '84
t.
LEE A. BRANCH. Co UntY RKVFOK
Inat said cur► wa. completed by said company according to plans and specification:
and to the >>ttsfdct,on of the City Engineer of the City of Huntington Beach and
that said murk wd, accepted b, the City Council of the City of Huntington Beach
it n regulrr rreetu,q thereof neld on _ February 6. 1984
That wpon said cu,rtract the UNITED PACIFIC INSURANCE CWTIANY
was surety fur, the bond given by the said company as require) by law.
Uated at I1,;rrttn9tur, Beach, California, this _]th __ diy of _ tbru� , 19 it3,
i
ty-- c r.Id Td��t t G-L'I
of the City Council of the City
of Huntington Beach, Califurnr.,
S1AiI Of CAL II IJwf1lA )
County of Orange
City of Huntington Beach )
I, ALICiA M. aENTWORTH. the duly e'ectNd and qualified City Clerk and e,•officlu
Clerk of the City Council of the Cir+ of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF CaMPLE110N is true
and correct, and that SaiJ 110T;CE Of COMPLETION was duly and regularly ordered to tie
recorded in the Office of the County Recorder of Orange County br said City CoUnLtI .
Dated at runtington Beach, California, this hh day of Vebrulry Irrl_1
Thisdocument la solely for rhr offi
•tttcf� thl busln�s� of lho Gll
of Huutin-ton Branch, its conks-
plated unlar Gavrrrtient Cod* tt'f`y 1e`rk and ex-U iC oCiere
loc. G103 asrrd should b• recorded of the City Council of the City
torso of ehnrRo. of Huntington Beach, California
REQUE FOR- CITY CC�UNCWACT IDAN
Date JanUa 8
.r
Submitted to: Mayor and City CoUki1 �� G 2 Z9
Submitted by: Charles W. Thompson, City Administrator
Prepared by: Paul E. Cook, Director of Public Works
urry Sealing of Various Ex`isti n Sty ee in i n" '' g Subject: S1 g + ice• ty of Huntington
Beach (MSC-212)
VA
Statement o'�flss�e 'Recammendation, Analysis,'Fund g ce Altern'+', ' �► .i�t, ,
Ar. •�..1,s•� *.� ���TY.Es:+r��Y' 4.3r ca.
in Sour , atiye Actions, Attachments:
STATEMENT "OF ISSUE :
Ted R. Jenkins Company, Inc. has completed the slurry sealing of various existing
streets at a total cost of S177,476. 15.
RECOMkTdATI0N:
1 . Actept 'fhe work completed by Ted R. Jenkins Company and approve change order
number 1 .
2. Instruct the City Clerk to file the Notice of Completion .
ANALYSIS :
The following is, a summary of the contract cost and explanation of addition to
contract quantities .
Change Order Number 1 was for deletion of 244,500 square feet •and additional
623,460.00 square feet of slurry seal on added streets to contract.
Contract Bid Price $147 ,587.90
Total Contract Price to Date S177 ,476. 15
FUNDING SOURCE :
Gas•, Tax Funds, which have previously been approved, will be used for work to be
performed.
Plo 4/et
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THrE CTY`CLERK
September 30, 1983
Roy Allan S,lur'ry Seal, Inc.
P. _0. Box 6597
Laguna Niguel , CA. 92677-6597
We are returning your Rid 'Bond which was submitted with-your
p'roposa,l,.for the slurry sealMng of, various streets in the City
of Huntington Beach, Project MSC-212.
Theicontract for this job was awarded to Ted R. Jenkins of Long
Beach.
We w661 d ' l i ke .to,.take this 'opportuni'ty to thank you for your
interest in submitting a proposal .
Al i cia 'N. Wentworth
Ci ty Clerk
AMWbt
Enclosure
I Telephone: 714.536.62271
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALlFORNIA 92648
OFFICE OF THE CITY CLERK
September 30, 1983
Ted' R. Jenkins
5500 E. 2nd St.
Long Beach , CA. 90803
Enclosed is an executed cof ..'„ .R*�� a 1
v>-,� "'py of the cost act riousthe Cirty of
Huntington' Beach for, the slurry sealing ofva ' streets ,
Project MSC-212, in the City of Huntington Beach.
Also.-enclosed is a Bid Bond which was submitted with your
proposal .
Alicia M. Wentworth
City Clerk
AMW b t
Enclosures
(Telephone: 714.536.52271
CITY OF HUNTING TON BEACH
2000MAIN STREET CAdFORNIA 92648
OFFICE OF THE CITY CLERK
September 30, 1983
Cali for ia' Pavement4,Niain enance Co. , Inc.
9390 Elder Creek Road
Sacramento, CA. 95826
We are re liftN .� i , � 'A h wyo u r.p roe o s a■ 4•y r•
g your., Bid'd Bond"wh I ch was s ubm�it" ' p 1,.
for the slurry sealing of various streets, Project MSC-212, in the City
of Nun`txinoton Beach.
The contra for this job was awarded to Ted R. Jenkins of Long` Beach.ct
We would Pike 'to take this opportTni`ty to thank you for your interest
in submi thing a p`r'oposal .
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone: 714.536-62271
r
TED R. JENKIN�S MOT :I:USI .MM,ItIMII (A901 Wi1. ►I,II., I=
22 Augtot 1983
City 06 Hutt.ti.lig tat2 Beach
2000 1,(Lht Sticct.
HumUng.toit Beach, Ca 92648
Attention: Finance Depatt►ne►Lt
Resenence: SIluvzy ScaCIMSC 212/o6 vaticus stutc is
Owt Job #: 8322/Bond #: L1500960
Amou►tt Omed: $ 147, 587. 97
Dea't S i"Ls:
AU ,'(Ljid.s pcttai►ung .to the above ►e6e,%cnced ccat.Zact ate .to be refcased to
(ImUed Paci6.ic RcUance 7►L.stutance Cornpa►ucs , so .that ail f.abon and mate.~"iaf
0111 be paid and sates jicd alt •th.i.s P to ject.
Volt.-L cheep can be maned .to .the jottowZng addheas slid cvntact:
U►ti.ted Paci j.i.c RcUmicc 71wbiance Curnpa .i es
33-105 Sth Avenue, South
C-3000
FedcAaC Way, WA 9b003
Attention: !.(t. Petn A. F j e Cf s t.ad, SA. Smid Cf aim Dept.
602/952-5000
We a1 p4ecia.tc yotUL cuope,11714011 itt .th.iz rrratteh, and hopc4utfy Zt tuitf not cwatc
r01 .inealtvcILicnCE. boa yow: agency. Thank you.
S i►ICCtefy,
l
Ted R. JenkZns
i►Idtv.i d(taf
TRJ:jl:
IIII. WOPMA IARCtSI MURRY MAIL (.ON1RACIOR-
u: Uit!tcd Puc.i.6ic Ilistltah'L1�1hL'd'rS,�r>,flt� SLURRY-MIX • PAVING
Owi n M. F11oxi-, "SIRVIN(, IIII INI►I(t UNITM SIAItS"
ASSICINENT
FOR VALUE RECEIVED, the undersigned , 1 ,:+I, F , Jitl;t►t� I tt�(.ii�cif teti� :;►;+t
Icd R.
i
transfers � tnnd sets over I h t to the UNITEDPACIFICINScURANCE COMPANY, �a Wash assigns ,
i nor her
Washington
corporation, hereinafter called Surety, all monies now due or which may hereafter
become due under the following described contract :
+ CitV tin' Hui}tiogtc►u Beach 2000 Main Stlmt Ilunt_ington Geach , CA 92648
Sfu4-ty ScaellISC 212lo6 VclAiirtt0 StnCefs
Out Jvb M: b 322/Amutm t Owed: $ 147 ,587. 97
Asatig_nor hereby conatituCe's and e• ointa the Un ted Pacific Insurance Company PP_ ,. � � p y its true,
x ~,ii „ _r r , y• �• ' ` , 'receive and enforce payments , to
Lawful and irrevocable attorne in-fact to demand ,,
�. . payable', , give
execute estimates , payment warrants , vouchers, drafts, snit/or checks; and to
receinies
yyr V�r� 1. c.
Aasiinor�at �leases, satisfactions~ e=r, and to sue for e1Assignor, or intheonthe
the ,Surety with the same ,foce and in the name of; th name of
g d this may be done eith
�, ,
effect as the Assignor Icou'rld do if tki assignment
g , _ P, Ym_ y ....Y Y
had not been roade.Y� y Surety
"' ., y ma be receives b the
An and. all monies or a ents whiceason of this �Assignwent will
be received b Assi nor as trustee for the . a..
y , $ s entitled. undere t and w
r and b r
Su, , y � i 11 be immediately. del;ivered
Ass nor to which t e Suret i
in kind to Surety i'+it�i'out commingling. Assignor harehy represents and Warrants to
the Surety that the monies above have not 'heretofore been alienated or assigned.
release i w nt is irrevocable and shall 'rema •..n_ full,.r
TAr his' Assinri in b Surety. Notice of "theisA9ei�"nuientfmsCebenaivefect until .its
g y g n at tie option
of the Surety. That the general nature of the
g: Y Y•
` bus'ines`s out of which such accounts
arise or are to arise isseci,•Lry ,seat and such business is or will be carried on out
Of cc►itt►cact pc�.t,Su••i1nz�tc.e.
IN WITNESS W1;EREOF, the Assignor has caused its name to be subscribed hereto this
22+1d day of Attgus t 19S3.
B T'W R. Jenki► s
SWORN AitD SUBSCRIBED TO before me this 22nd day of Au tS-t: 19 83
. r
�•C,t' C '- ,14 ary Public in an for the
I Ltc C(0 1 S ate of L ,121
ounty of 1 + , AiigvCc —
My commission expires 01 0v.tn1)r.i 1984.
PLEASE TAKE NOTICE that monies due or to becoine due .under the above referred to contract
have been aasig'ned, to the undersigned
indicatedpbelovt9 Pleasenreturnotld be made to the
Surety at the branch and addrersi ned an r. e
o the undersigned
the, enclosed copy of this notice showing the date of receipt and duly signed by the
peson acknowledging receipt on behalf of the above addressee.
Yours truly,
UNITED PACIFIC INSURANCE COMPANY
33465 - 8'th Avenue Sou h, C-3600
Federal Way, Waeh'l` ` ton 8003
8 �./.l. ' �• '• '•tw
Y
Receipt and acceptance is hereby acknowledged of the above assignme t , and a copy of
the nbove mentioned instrument of assignment . These were received on
19
Cittl otj Nuii0q1tou Beach
By
C-199 1 /67
CITY OF HUNTIINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF TIE CITY CLERK
July 18, 1983
PaYement 'Coatings Co.
P. O. .Box 2777
Anaheim, CA. 92804
We are returning your Rid Bond which was submitted with-yybur proposal
for the slurry sealing or various streets, Project 14SC-212, in the City
of Huntington Beach.
The contract for this job was awarded to Ted R. Jenkins of Long Beach.
We wobld, like to take this opportunity to thank you for your interest
in submitting a proposal .
Alicia` M. Wentworth
City Clerk
AMW bt
Enclosure
I T 09phon e: 714.536.52271
Bin PROPOSAL FXM lfd 1L �Jen6infD T-ndi i. duo I
Firms Name
To the Honorable Mayor and City Qouncil, City of Huntington Beach, California:
In eanpliance with the notice inviting sealed proposals for the Slurry Sealing
of Various Streets in the City of Huntington Beach, California .
MSC-212
I hereby propose and agree to enter into a contract to performthe work herein
described and tro `furnish the,materials therefore a000ndiing to the -p -r:
speci-
ficatibn' s 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 urcersi 'has not accepted any bid from any subcontractor or materialman
throu
or preven�tihe contractor oo sidering any bid
of 'which prohibit
h b' depository, 1 id
' ram any ,suboontractor or
materi.alman which is not processed through said bid depository, or which prevent
any subcontractor or materialman from bidding to any contractor who does not use
the facilities of or accept bids frcm or through such bid depository.
For the fumisr i.ng of ail labor, materials and egaipment, and or all incidental
work necessary to deliver all the improvements ccmplete.in place in strict con-
formity wiiih the plans, specifications and special provisions, on file in the
office of the Director of Public Works City of Huntington Beach, California, I
propose and agree to take full payment therefore at the following unit prices; to
wit:
ITEM APPROkDME ITFM WIM UNIT PRICE UNIT
NO. QUANTITY WRITrrN IN WOMS PRICE TOTAL
1 118,202 Weed Control Spraying at
Lin. Ft. 411 Y, j-itr'
Per Lin. Ft. . bj ) .-21�..�Q
2 4 ,255 ,300 Slurry Sealing of various existing
Sq. Ft. streets at
Per Sq. Ft.
Total--------- ----------- -$ ILI-1`5g3, 47
l
P-1
} v ar s c ,
i h.
It is understood and agreed that the 'approximate qi ntities Ah 41 in the for J ii g
proposal schedule are solely ;`for the pui�ose 'of facilitating he 'ooaparison of bids
andthat the oontraloted�wt�etherlthcy meted upon the basis of the actual
quahtities in the , e or less than those shown
herein at the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allotted for the contract is
120 calendar days.
If awarded the contract, the uiic ersigned ;hereby agrees to sign said contract and
furni„ i � �• ` ten (10) days of the award 'of said contract, and
sh the necessary bonds;,,:withsn .
to begin work within' ten (10) days from the date of approval of the contract by the
City of Huntington Beach, California.
gn • { y the wor}% oonten�Lated, fhe `plan The undersi ed has e3cairiined carefull the site of
•..,� , P Po n � tiqThe submission
' ,+ ` .. [ rms therefor ted and is satis�-
o fa bidlsha111be oonndl ive evx�erice that�the'bidder has roves a ,.
'x haracter, quality, and scope
fed, as to the�nditions ;to �� encountered, �ais to befiarnished, and as to the
' � the c
of work to be . forayed, the tides of ma
requirement of the 'proposal, plans, specifications, and the oontract.
Yin this proposal is C B-n (s 1�A 15P. .
NOTICE: Insert the words "Cash," "Certified Cheek, " or "Bidder' s Bond, " as the case
maybe, in an amount equal to ut least 10 percent of the total bid price, payable
to the City of Huntington Beach.
71i +4F, feted to the City of Huntington proposal guaranty and agrees
Po, ,R . ::�n .x.•Arn. r
shall be for Y natter f Hun as arch as liquidated damages in
thatit � � , ,._ �: rri ,,
.
e ersi de s is the above
a contr• sal is the City and the undersigned shall fail to execute
case this pted by
P _
^ *� in the .s 1 `ifications and contract docurnn sufficient bonds in die form
set fortht` . doffing,;said work and contra sh -good , �, .
satisfacto to theeCCii�. within 10 days after bidder haof ws received with i surety
rY tY Y
ed written notice
of the award of the ocntra t; otherwise said security shall be returned to the under-
signed.
Licensed in ':accoziance with an act providing for the registration of contract License
No. M
MtRbire of Bidder
Business Address FLU`}L-) [_
Place of Residence '18no Q"oh,
Dated this day of du ry _.__.._ l9 Ea.
Bidder shall signify receipt of all Addenda here, if any:
Addendun No. Date Received Bidder' s Signature
PlbPCSED
IIMU MATICN 116dbIRFD OF BIDDER
Bidder is required
attached if n to supply the folly ing information. Additional sheets may be
iY•
1. Firm Name: Tem R. P i i rls. TrZd i V.1d u Cl'1 _
2. Address: 6i-)n n 1. �r Y'I c71 -f 3. Telephone: `11-33- !j 3
4. Type of firm-individual, partnership, or corporation: Tom']T\1 id(I a I
5. Corporation organized under the laws c)f the State of:
6. Contractor's License Number: r (��
7. List the names and addresses of all s of the firm or narries and titles
of all officers of the corporation:
8. Number of years experience as a contractor in construction work:
9. List at least six projects caTleted as of recent date:
r o_v 4�1-A
C MASS C�M
AMMIT
NN,TE, ADDRESS & PHMM MMM Cr. OWNER
I tq of San Jlegb -- Wirry 1 - by
Ioo
Gift; Q L.on iq beach- Hott-
Cr+y o rsfa Clnn yr r-rj C_:;1 r.�l
a I I - Vi
COMP ` r am.�=� N a� -i`ielA,icr-
av w 610 a a(Iij sm i -NDv. 1 E3 ) L63 -d I. 601ena�itte hjq -2an
Cl4-V or Ttl-A, 4- --cony nlacpoa I
3kja
Acd dl) nit 34I_•.�is
10. mist the name of the person who inspected the site of the proposed work
for your firm: ni jQ 1-7-)(2 �-�
Date of Inspection: _ dur_4L I -gab
11. If requested by the City, the bi.dde4: shall furnish a notarized financial
statement, financial data, or other information and referees-es sufficiently
comprehensive to permit an appraisal of his current financial. condition.
P- 3
1 , iur's Stator �cri :nceCont Y 17zf)t11.1: -
j ] A Cur(+_`t at inn
T:I�rle ?ed R. ,lr!ni.1nS (.J A Cc -p-irtilci0iip
(i(arra Uwal Ccnosp.ai,G Mlu. rorva(to►'/ Lirao/• it, 1:9417 beta11) �.� Ar, lt.div;dlial
Principal Office 5500 E. _ Ind St roi!t Long Itil•;tr?) rt�llf., Uf)*iQ3 (] ('(,!T binetion
(31,901 of P.O. !tic:) ( City ) (!ut�) (21D)
The signatory of thir. gnesIio1111aire F%Iwantcet 0 1 C tr tit h?..nd :,( c:::>Icy of nIi rt:,tcwcnts nd of all aniwcrs to
inlcii ialmicc Lr;cinaftci m:+dc.
1. Aic you licentrd Ps a C'llnti ;ic1(11 t(1 (to in 1,r,:(,::a� S(" ._ 1.1( er•,.• ,4n. It 1? __ -r)-Tc
13
Ccat
3. 11J� 3f1'' 1r:ti5 C1�+.^i1Ctll.r 1f1 (_ � i Lf,�. Cl,a� a. (i rr•-o� r II r t'•... '.( �' i ! t1Ufl } :dCj.
t• Ji•t1
(a) A% a y!f"131 13 'S d.':,r.'; (> ',S . t I(�1� 1 ! Tf
t i•t n '
4. S C!'1 t}1r ;:wjrciN :Ii� J':. T1'+i; Ii;!t, t ,'I'1t (1 (�•.,.••1' i^ t! ! :1 .. 1 t�;r ( 1�C`' 1. ,. tal :!1;111(ln
To (.'S.•u(C 1-:;i i,ir, tr' ;( ur jl,, ; :(:11/, !i. r; i:.'(nf:, r i!ft to 11,(' i, „u►t rif the
1Jnr• ccruolfy j+c' ltlr,r:.
�EAII-1 TT1'l. pl -✓Ikv J 1 ,U•AT�•, DI .:ar I , ^�. 1•I wi ,•...IatO -,
1 11 rf.lr••�lp •
131 000 # ;( >~ (' � ('; ' 1` 1 -
l: S.•a V �l C , of ►;
1981 Feat Coal �,7?- ,(.1O0 t1t v r, Ic ti Of C . ;t)c;L
_.
1981 Sr!al rnat :.' 18 1)D0 r j; :'�':ir1� f t d.�Il � t' . � . ��;iV}• _
19M Irt•.a1 Coat 9701000 i !,r11 1 „ t 11C1 rr ',lnt (7,21 if . r,,pt . of. Tl- :nS.
1981 `''zcal Coat i I I -i ,mo � `', it :t .� , r^� #t:it}• of `'anta _::nl'i
1981 (' t1 C�,;lt 166 000 :'9 F. 1 ra 11 . S . ':.Iv• !':I T 1 -r,. Cd,
81 I'1 al rr!FiC 1 1 ? �000 ? " i f'r , rn (' i t �' t,f j nl;i;:�Ler _
1981 Seal Coat 61 000 ;, 10 F•I I t!.5.v � ( Yt ;lt i o
1981 Sett1 Cc:at 00 ,000 Oi t f•t'o 1 .., t /'Ct t . of 'i'r:an ,:;1(It,t :at i.
1�a81 :,,:•al C(:st 11,41 '000 S i 1r r I ','i /n;<. na„)t .' of ._T •n,�nr t „t i
1^81 _ Se.-cl C"'at 131 ,()no t;i 1 1 ' 0 :.FB Az . U. S. - Air Forrc
1980 •`_elal r(,;tt 996 ,n00 S:1n i)if•s"n, (-.I t'i t y ()f_�!jn L`,i_t:So
1930 cI ,. 3• 1 0 Or ,_at•a! r, ,Irlt )• County t�f Oi'.:!Jgr
1380 Sr_.al Cllat 171 O00 1 !`TIp F -tr.c; �ri t `' Of I :1ttL' s'•'=a�lt _
-
19130 real Cn at 110 ,000 C:I ri rf C:Ird3L,n_Cr ovt! _
19§0 S(!ral C t 157 ,nf10 ( ••I I it or, �('i }• (►i G!', iLu�_ _. _rr
1i079 Fell i at 1 0 ,(1O0 ii i,t • ;1 T • L(, •.}t;111 (`1,21: T.Il1!_t..) 11!1 ��.
1979 .Seal Coat i:)510010 j ;Icj- ::to cif '';;(•1 :+t!!;`!tt'o__
1979 Si,:tl root ?Ill ,ft(�0 r("1 'a �('
. t r� Ct t3 �ln�_p Of t':1rtCr.a (:�!•;t,
1979 Cl!:11 rn-tt ,0or) Ti T1 t p �'+ •t:.tt}' (A (!i:n ._P.it.1:0
197q. ' (•:11 Cn:1Y_ 171 • r,f�0 �1• ,ri l' . t_�• of ?. - v-.. ,-:r)r] . _
19r8 : eal rn;tt ii 1'0(1 C.
; . :t y T•. ... r •
,,,11 F<,i�i P, •►t
1978 ('1`:al Coat � ,:I ,I (1f ,1 � . f i tlr• I, i_t}' t 0P _
S. 1.?1)'C`,t 1i1�,1 'w�•}' , .'i'.L11lIY.T,t1l1 tiS(!rt•Cl , , ;�:lrll'll t!y ..1,111 + :l.•llil:.itli!ll?
..1`,,:y,C.,. I uJU\T 1 T,. 1 • C.'
w l•1 1 tlr) ••.��( ,�P .' .:r! ;'.
;'I til '.'•►I r.•
131 ,( ((00t �' illtr ; f, a :�t:,�t , 1 ' `]�1 ii }• of I.-lid
❑❑ n(+,.,•}�
`'G2,l n1.'00
6.000 Su,a1 . .1;!n . lylRI ;I of .S;in ._I f,!gn
300,QU4 rr.- "cal F�! t. 1981 'its' r•f. ':nr:•;a71r
?�a
6. 1fa�c It of }V„i t,(t ,m. 311411l, 01 ()ffil ri (,1 j1:!rtilci tilricnf, fal 1l7 l l,:ii�)1.'tC 7 C'(:r11r a( t7
,
If so. gi%e dclail� -
4
1
DESIGNATION OF SUBCONTRACTORS
In ccmpliance with the "Subletting and Subcontracting Fair Practices Act" being
Section 4100-4113 of the Governurn_nt Code of the State of California, and any
amendments thereto, each bidder shall set forth below the name and location of
the place of business of each subcontractor who will perform work or labor or
render service to the prime contractor in or about the construction of the work
or improvement in an amount in excess of one-half (1/2) of one peroent (1%) of
the prime contractor's total bid, and shall further set forth the portion of the
work which will be done by each subcontractor. Only one suboontractor for each
portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to
be ,performed under the contract, he shall be deemed to have agreed to perfc=m such
portion himself, and he shall not be permitted to subcontract that portion of the
work except under the conditions hereinafter set forth.
Subletting of subcohtractiu g of any portion of the work to which no suYiooiiLractor
was designated in the original bid shall only be permitted in cases of public
emergency or necessity, and then only after a finding reduced to writing as a
public record of the Iaagislative Body of the owner.
FO_RTICN STATE LICENSE
OF wow SUACONI'RACMR'S NA.ME AMID ADDRESS NUMBER CLASS
Z4-ern+-1 Fa t vveg4t-rr) v\Jeecs ,,'Itinirol
vvttki !I Nr5 Tr�ci���fln l ( b:.114t f=-
Jearih-PI Fag" tit). tln
I
I
By submission of this proposal, the contractor certifies:
1. That he is a.'ble to and will perform the balance of all work which is
ocvered .in the above s.boontractor listing.
2. 711at the City will be furnished copies of all sutra-contracts entered
into and bars furnished by subcontractor for this project.
P-4
SPECIFICATIONS
AND
SPECIAL PROV151DNS
FOR
THE SLURRY SEALING OF VARIOUS EXISTING STREETS IN
THE CCTV OF HUNTINGTON BEACH.
MSC-212
Prepared by
The City of Huntington Beach
Department of Public Works
$25 Charge, Non-Refundable
June, 1983
PaW E. Cook
Dlrectar of'06611c Works
City of Huntington Beach
TABLE OF CONTENTS
Page
Notice Inviting Sealed Bids N-1 -`N-2
Proposal P-1 - P-5
Public Works Contract 1 - 13
Standard Specifications 1
PART 1
G eneral Speci at , VI rats 1
1.2.1 Deb nti`ons 1
1.3.1 Abbreviations. 2
2-1.1 Award of Contract 2
2-1.2 Execution`of Contract 2
2-1.3 Failure to Execute Contract 2
2-4:1 Return'of Bid Bond 2
2-4.2 Guarantee 3
2-5.1.1 Plans and Spectflcatiors 3
2-5.1.2 Competency of Bidders and Payment for Plans
and Spectficatlons 4
2-6.1 Removal of Defective and Unauthorized Work 4
2-7.1 Soil Conrif ons 4
2-9.1 Permanent Survey Markers 4
2-10.1
2- 1 A uthority of.Board and Inspection 4
inspection W thin State Highways and/or
Roadway Rl"ght of Way 6
2-10.3 Final Inspection 6
4-1.4.1 Test of Materi ala e
6-1.1 Construction Schedule and Commencement
of Work 6
6-1.2 Progress of the Wurk and Time far Completion 7
6-2.1 Progress Schedule 7
6-8.1 Acceptance 7
7-2.3 General Prevalling Wage Rates 7
7-2.4 Payroll Records 7
7-3.1 Public Lia6'�lity and Property Damage Insurance 8
7-5.1 Permits and Licenses 9
7-6.1 The Contractors Representative 9
7-6.2 Superintendence 9
7-8.1 Cleanup and Dust Control 10
7-8.5.1 Use of City Water System 10
7-8.7 Noise Control 10
7-8.8 Flow and Acceptance of Water 10
7-8.9 Erosion Control 11
7-9.10 Calffornia Regional Water Quality Control
Board Permit 11
7-1M*1.1 Traffic and Access 11
7-10. 1.2 Safety Precautions 12
Table of Contents - p. 2
7-10.3 Barricades 13
7-10.5 Water "MI Stint Down 13
7 45 Re istratlon of Contractor 13
9-3.1.2 Payment General 13
9-3.2.1 Progress Payments 13
9-3.2.2 Final Payment 14
Section 10 Prapos a1;Requi rern e6t9 14
to-1 ExaininatIon of-Plain, Specifications, Special
Pruvlaions'and Site of Work 14
10-2 Proposal Form, 15
.10-3 Proposal Bid'B6hd 15,
10-4 Withdrawal of Proposals 15
10-5 Public C$enirig of Proposals 15
10-6 Rejection of Proposals Containing Alterations,
Erasures or irregularities 15
10-7 Disqualification of Bidders 16
Spec!al'Provisi ons
PART 2
Construction Materials Green Book
PART 3
Construction Methods and Details 17-18
, 0
NOTICE IN ITII G SEALED BIDS
MS r-212
`s at�, the City r ; , �e City of Huntington,'Beach,
Notice is hereby given tii"` it Cotinctl of ``th
Calif orhla will recei ve seal e l,ticis'f or the S irry Sealing of Various Streets'I'ri the city
of Huntington Beach,.Califoriiia ii „accordance with the plans- and4speciflcattoris and
si,il l ibe provisions
on f iJ�`ne 13 office of'19 e3 DIrAe[tor of Public Works. Documents
, w ha�rge of $2500, not refundable,
will be required for each set of speclficat ons and accompanying drawings.
:,- ,M..i. ,� -•
DIRECTOR OF PUBLIC VlORKS ESTIMATE
Work Item Ouan It
1. Weed Control Spraying 118,202 li`n. ft.
2. Slurry Seal Various Existing Streets 41655,3bb sq.'`ft.
In accordance with the provisions of Section 1773 of the Labor Code, the: State of
California, Director of the Department of Industrial Relations shall deterrni'6b the
general prevailing rate of wages, applicable to the work to be done; copies of the
latest general wage rate determinatlons 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, California.
No
Puhlic Works. The The received
spec al attention o ps unless
made
�anpe bank form furnished by the Director of
five bidders is called to the proposal
requirements, setforth in the spPcificat'.ons, for full directions as to the bidding.
The nbove quantities are approximate only, being given bein i ven as a basis for the comparison
of bids, nrid the city of Huntington Beach does not express or by implications agree
that. the nctual amount of work will correspond therewleh but reserves the right to
increase or decrease the amount of .any class or portion of the work, as may be
deeined necessary or expedient by the`Director of Public Works.
N-1
.r
All hid, will be compared on the basis of the Director of Public Works estimate of the
(junntitles of work to be done.
Substitution of securities for any monies withheld by tho City to i'nsure,perfarinan`ce
shall he permitted in accordance with provisions of the California Government Code,
Section 4590.
Each bid shall be made out on a form to be obtained at the office of the DI reector of
small be scaled and filed with the City Main Street, Huntington beach, California;Public Works, Development Wing, 2000
y Clerk at the Civic Center,", Second Floor
Administration Buil`din 2000 Main Street Huntin'ton Beach Cafornia on or
ran beforeosed of the C tf Cle�rke the Cit Attorne an`d shall be and D'lre for of P'a by ° committee
P
y y ublic Works or their
authorized rep; ' 4�
presentative and �[he results of said bidding w'iil' be reported to the ...City
Council of said City of Huntington Beach at their regular meeting to be held on
Chambers the
in the Civic Center of said City of Huntfngton "Beach, iand s all n the be actCouned
upon by said City Council at the regular meeting of July 19 , 1983.
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 July 19 , 1983.
ATTEST:
Alicia Wentworth
City Clerk
N-2
PUBLIC wORKS CONTRACT
THIS AGREEMENT, made and entered lnto on the day of 19__j
by snd between the CITY of HUNTINGTON BEACH, a municipal corpora tion,'he`reinafter
referred to as CITY, and
a (corporation/California corporatio ' partnership/association/individual) (Circle one)
herinafter referred to as "CONTRACTOR."
WHEREAS, CITY has heretofore solicited bids for a public work project, known as
the hereinafter referred to as "PROJECT,"
and
CONTRACTOR has been selected by CITY to perform PROJECT, and
The parties desire to set down In writing the terms and condfilons which will
govern the conduct of the work to be performed and the compensation to be paid therefor.
NOW THEREFORE, the parties covenant and agree as follows:
Article 1 - STATEMENT CF WORK
CONTRACTOR will perform the work and furnish all plant, labor, services,
material, tools, equipment, supplies, transportation, utilities and all other items and
facilities as provided in this agreement and in the attachments, addenda and exhibits
hereto.
All work will be performed in accordance with CrITY's standard plans and
specifications, the standard plans and specifications of the California Department of
Transportation, 1978 edition, the plans and specifications included In the contract
documents for the work to be perforrmed hereunder and in accordance with
Exhlbits and Addendum(s) attached hereto that should
there be any conflict between the terms of this agreement shall control and nothing
herein shall be consi dered as an acceptance of the said terriis of said bid or proposal which
Is in conflict herewith.
-1-
Article 2 - CONTRACTOR'S AGREEMENT TO PERFORM AND
ACCEPTANCE OF THE RISK OF WORK
CONTRACTOR agrees to furnish all sold services and`mterials contemplated and
embraced in this agreement; and assume loss and damage arising out of the nature of the
aforesaid workjduring its progress or prior to acceptance fr"om the action of the element's,
and from any unforeseen difficulties which may arise or be encountered in the prosecution
of work and` for all other risks or any description connected with the work; and all
expenses incurred by or In consequence of the suspension of discontinuance of work,
except such "as are expressly stipulated to be borne by CITY, and for well and faithfully
com I 'dh the work within the sttptilated time and in't�he manner shown and 'described i
P 9 n
this agreement and In accordance with the requirements of 'the City Engineer under them
for the compensation set forth `in its accepted Bid Proposal which is Incorporated by
reference herein.
However, the total compensation to be paid Is to be computed on the basis of the
units of work as it is actually performed in accordance with the stipulated prices named in
the Bid Sheet(s).
Article 3 - STATE CONTRACT ACT
If the improvement contemplated in the performance of this agreement is a
Federal Aid Urban (FAI.J) lmprovement over which the State of California exercises
general -supervision; then, it is agreed that the State of Caiifornia shall have the right to
assume full and direct control over this agreement whenever a duly authorized and
competent authority of the State, in its sole discretion, shall determine that Its
responsibility to the United States so requires. In any such case, the State Contract Act
will govern this procurement.
Article 4 - NOTICE TO PROCEED
No work, services, materini, or equipment shall be performed or furnished under
this agreement unless and until a notice to proceed has been given to the CONTRACTOR
by CITY. CITY does not warrant that the work site will be available on the date the
Noticc to Proceed is issued. In any event, relief to the CONTRACTOR shall be`limited to
a time extension equal to the delay due to the unavailehillty of the site.
Article 5 - BONDS
CONTRACTOR will furnish to CITY a fal k6l performance bond, a labor and
materials bond and a warranty bond prior to commencement of any work hereunder.
Bonds must be in the amount stated In this agreement and In such form as`ls acceptable to
the City Attorney of CITY.
-2-
Article 6 - WARRANTY
All work perf ocm ed 'I n accordance with tins agreement by CONTRACTOR
TRACTOR or its
subcontractor, agent or employee, including any 'plahs, standard specifications, or special
provisions relating thereto and Including, but not 1lmlted 'to any workm'anshlp,'Ins tall ation,
fabrication, material or structural, mechanical, or electrical facilities constructed,
erected or fabricated is warranted by CONTRACTOR for a period of one year
commencA with the f `1'A�'g filing of the notice of completion and acceptance of any such work
by CITY unless a specific area or areas of work Is warranted for a''peHod which Is longer
than one (1) year and longer warranty is provided for In any special provision to this
agreement.
Security for all warranties may be provided as part of the faithful performance
b6nd'6r by a separate bond and shall be in the faun'amount of the perfor
mance ance bond to be
provided. Release of the`performance bond shall not release the warranty portion of'the
bond or any separate warranty bond so provided. '
CONTRACTOR, within ten (10) days after notification by CITY of any defect
warranted hereunder, shall at its option make appropriate repairs, replace the defective
item or items or advise City Engineer of a reasonable cause for his delay. Any refusal or
failure to comply by CONTRACTOR with this Article will constitute a breach of this
agreement and of the bond.
Artl cle 7 - CALIFORNIA FAIR EMPLOYMENT PRACTICE ACT
CONTRACTOR agrees to comply with all requirements and utilize fair
employment practices In accordance wl'th Calif irnlaLabor Code Secti
ons 1410, et seq.
Article 8 - INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR shall defend, indemnify and hold harmless CITY, Its officers,
agents and employees, from and against any and all liability,judgments, damages, costs,
losses, claims, Including Workers' Connpenseflon claims, and expenses resulti`ng from or,
connected with performance of this agreement by CONTRACTOR.
Article 9 - WORKERS' COMPENSATION
CONTRACTOR shall maintain workers' compensation Insurance and otherwise
comply wiih all of the provisions of the Workers' Compensation and Safety Acts of the
State of California, the applicable provisions of DlvisIon 4 and 5 of the California Labor
Code and all amendments thereto; and all similar State of Federal acts or laws applicable
and shall ftlrnlsh 'to CITY a certificate of wurkers' compensation Insurance evidencing
such compliance. i'he insurer shall furnish 'to CITY a certificate of workers' compensation
insurrjnce. The provider of Insurance shall not cancel or modify any such
-3-
n�
policy so providefd withciut thirty (30) days' prior written `noflce to the CITY. As an
alternative, the CONTRACTOR, If legally self-Insured may provide CITY with evidence
of consent to self-lneure issued by the Director of 'lndustrial Relations in accordance with
California Labor Code Section 3800. The CONTRACTOR shall further require all
subcontractors to similarl r y provide str_h workers' compensation insurances for all of the
subcontractors' employees. The contractors and subcontractors shall furnish the CITY a
certificate of waiver of subrogation under the terms of the workers' compensation
nsurance.
Article 10 - INSURANCE
CONTRACTOR shall maintain in `force during its performance of this agreement a
policy of comprehensive general public liabii`ity and property damage Insurance and shall
furnish to CITY evidence thereof In the form of a certificate acceptable to the City
Attorney. Such policy shall have limits In the minimum amount 00
y p y nt of $300 000 combined
single°limit per occurrence. The policy shall name, as an additional named insured, CITY,
its officers and employees, while acting within the scope of their employment, and will
defend and Indemnify each of there against any and all claims, costs, losses, suits or other
actions of any nature brought for or on account of any death, injury, damage or loss
arising out of or connected with the work of CONTRACTOR under this agreement. The
Insurer shall agree to not cancel or modify the policy without thirty (30) days' prior
written notice to CITY and the certificate of Insurance shall so provide. CONTRACTOR
shall give CITY prompt and timely notice of any claim made or suit instituted. All forms
of insurance required by this agreement must be approved by the City Attorney prior to
commencement of any work by the CONTRACTOR. CITY shall have the right to inspect,
at any reasonable time or times the originals of all insurance policies required under this
agreement.
Article 11 - INDEPENDENT CONTRACTOR
It is further understood and agreed that the CONTRACTOR is, and shell be,
acting at all times as an independent contractor herein and not as an employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of
income tax, social security, State disability insurance compensation, unemplaymznt
compensation and other payroll deductions for CONTRACTOR and Its offic,rs, agents and
employees, and all business licenses, if any, In connection with the services to be
performed hereunder.
-4-
Article 12 - CONTRACTOR'S Irir)EPENDENT INVESTIGATION
CONTRACTOR has made an Independent examination and investigation of the
work to be performed pursuant to this agreement, and no plea or reliance on initial
investigations or reports prepared by CITY for purposes of letting this contract to bind
will be accepted as an excuse for any failure or omission on the part of the
CONTRACTOR to fulfill any requirement of this agreement.
Article 13 - CONTRACTOR'S AFFIDAVIT
Upon completion of the work contemplated by this agreement, CONTRACTOR
shall file with the City Engineer his affidavit or declaration in the form of Exhibit "D"
hereto, stating that all workmen and persons employee, all firms supplying materials, and
all subcontractors upon the project have been paid in full, and that there are no claims
outstanding against the projecc for either labor or material, except certain items, if any,
to be set forth In an affidavit covering disputed claims, or items in connection with
Notice to Withhold, which have been Tiled under the provisions of the statutes of the State
of California.
Article 14 - CONTRACTOR'S WAIVER
CONTRACTOR shall be responsible to reimburse the CITY a sum equa'. to the
expecises of administration and legal services required to be expended by the CITY in
processing any Notice to Withhold, Stop Notice., or any similar legal document arising out
of the performance of this agreement. Said obligation shall be provided for In the labor
and material payment bond rer';fired of the CONTRACTOR. The CITY may set off any
unreirnbursed cost or expense so Incurred against any sum or sums owed by CITY to
CONTRACTOR ender this agreement.
Article 16 - ASSIC"NIENT
The CONTRACTOR shall make no assignment of this agreement or of money to
be received hereunder, without the prior written consent of the Cry.
Article 17 - TERMINATION
If CONTRACTOR fails or ref uses to prosecute the work wi th diligence, or f all s to
complete the work within the time specified, or is adjudged a bankrupt, or makes an
assignment for the benefit of creditors, or becomes insolvent, or violates any provisions of
this agreement, CITY may at its sole option give notice in writing of its intention to
terminate this agreement. Unless the violation ceases within ten (10) days after said
notice of intention has been served on CONTRACTOR, CITY may terminate this
agreement upon the expiration of that time.
-5-