HomeMy WebLinkAboutJ.H. Knighton dba J.H. Knighton and Company - 1930-12-150
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THIS MMAORANDUM OF AsREEdENT,made and entered into this :6,:5-
day of December, a.930, by and between the City of HUNTINGTON PEACH,a.
municipal corporation,hereinafter referred to as the party of the
first part,J.H.Knighton an individual doing business as J.H.KniQhton
snd Comnany,hereinafter referred to as the party of the second nest;
WITNESSEM4
THAT,71HEREAS,the City Council of the City of Huntington Beach,
County of Orange,State of California,pursuant, to statutes in sucia
cases made and provided duly and regularly caused a notice to be
published calling for bids for the construction of certain street
urving,.raciing and other vork on Wesley Avenue,Quincy Street,Indian—
zaolis Street, Crest Aaenne,Tenth Street and Utica Street in the
City of n,ir.tington Beach, said riork to by constructed According to
plans and Specifications for same on file in the office of the City
Engineer of. the City of Huntington Beach adopted by the City Council
I-
on the 27th day of October,1930, to vrhich plans and specifications
reference is hereby made and the ramo are made a pert of this contract
by reference, the Tame as if ;et fortb herein; and
rtH MEAS, The City Council of the City of Huntington Beach at a
regular meeting thereof and at t.:e time and glace appointed therefor
or,ened the bids submitted by the respective bidders for the construe—
tion e.nd comnlotion of the nbove described Mork and after careful
consideration of all bids submitted,the City Council avurded the
contract for doing, the said ;Work to the part, of the second part,
above mentioned at the prices Named in its bid,it being the lowest
and best bid received by the said City C01.zncil;
NOVI, THEREFORE, the nasty of the secr:nd na,r L' in consideration of
the fulfillment of 10he agreement herein -ade by the party of the
a irst part agrees as follows:
(1)
% 1 0 0 4 0 L ,
FIRST:The party of the second part under the direction
a.nO to the satisfaction of the City Engineer of the City of Rant--
ing ton Beach, acting as agent for the party of the first Part, shall
and rill. provide all materials and nerform all stork mentioned in
the specifications or shown on the plans for the construction of
the work. heretofore rcierred to and more specifically set out in
the plans and snet,i fj ca.tions herelnebove mentioned.
SECOND: No a'1`Qration or additions shall be :jade in the
work shown or described by the drawings or specifications.
THIRD: Sublett . The Contractor shall give his personal
a.t.tehtion to the fulfillment of this contract.Where subcontractors
are engaged on the work they �•{ ll be recognized only as employes
of the Contractor.No sub-cOnntractor shall under any circumstances
relieve the Contractor or surety of their liabilities and obligations
under t': r; cn-ntrs,^t and all transactions with the City Council shall
he throzzgh she �enpral contractor.
This contract may be assigned only neon the written consent
of the 13i l,y CoiLricil .
FOURTH:The Contra„ctor,at his own proper costs and charges
ohall fiirnish the necessary arpllances, im.plements,tools ,-molds,rays
and ?11 neces:nary means and conveniences for the transfer of the
materiel to its prober place in the work.And it is also understood
that t:.e said City of Hnntinc tL. i leach, shall not be held reeponsible
for the care or nroto.etion of a.py material or -parts of the work
except as in expressly provided.
FIFTH: Interaretations uf olans. Shou? d it apnea_- that tAhe
*cork hereby intended. to ''e dlo._e, or any o- the =.:atte:•s relative there-
to are not. sufficiently .letailed or explained in th-e sayd specif:lca-
tions the Cor_trr.etor orall apply to the City Engineer for such fur o
exnla.n tions as may be necessary, and shall conform to the same as
hart of t :l:' contract, so far Qs may be consistent with the original
snecificatir,ns. c�i
SIXTH: Pro f;re s s of the work: The work is to be commenced
wl th ir_ fifteen 1-) :� 4�•c after the approval of the contract by the
City Attorr.e;; of the 'ki+y of Huntington Beach and is to be diligently
orosecuted to completion In such order and runner of prcar ass as
t1%e City Engineer may •p--om time to time prescribe.
SEVENTH: Character of the Workmen: I1 any person employed by
the Contractor shall appear to the Ci.t,j Engineer to be inco.. _ etent or
to act it a. disorderly or imnroper manner,he shall be d 1 scharged
:immerlia t ely on the requisition of the said City Engineer and such
person shall not a~alr: be emrloyed on the work.
MUM; Cooperation of Contractor: Whenever the Contractor
is not present on any hart of the work where it may be desired to
give direction, orr,ers will be given by the City Engineer and shall
ba recai.ved and obeyed by the Superintendent or foreman who may
have charge of the particular wo--k In reference to which the orders
are given.
NINTH: Lams tc be observed: (a) The Contractor shall keep
himself fully informed or all el:isting and future State and national
iaris and municipMl ordinances and regulations in any manner affecting
thlose en`-a.,ed or employed. in the .York,or the materials used in the
work. or in any avey affecting the conduct of the riork, and all such
or.'ers and necrees of bodies or tribunals having any J�ixisdictinn or
authority over the same.If an-tr discrepancy or inconsistency is
discoverec3 in Vie nlans,dratwint %,or stiecifications or contract fur
this cork in relation to any such laws, ordinances,regalation, order or
%ecree,he tiholl forth'Lth report the same to the City Council in
writing,-. He shall at all times himself observe and comply Frith, s.d
hall cal_xse all his agents and employes to observe and comply :rith
All sack existing and :suture ordinance ,re,-ulat+on-,orders and
decrees; Fne,, sball. ,)rctect and inc'emify the s id City of Ranting-Lor1
Leach, th/:-. City Council and Enpineer and of its anJ their officers and
# 4 0 0 q 0 . .
i
agents and ::ervrnts ezairst any claim or liability arising from
or T a sect o�_ the violation of any such la%v, or. d inawnce, regulation., order
or lq.cree r:hether by himself or his employes.
(b) The Contractor shall, before entering on the performance
of tre w.orlr. herein provided, fu_rnich a bond as requ? re. -I by the terms
of an act entitle? "An -act to secure the a; ..er_t of t':e claimE of
persons emolo.yed by contractors unon n blic r;orks,and the claims of
persons whofarni-, �aateria.1s,suapl'.es,'e23iim,im-oleme*its or machinery
1ised or consrumed by such. cc.. *t..�-.; -rcrs in the performiance of such works,
and pres;�ribing the duties of certain public officers with resaec s
thereto"Apnroved May 10,1919,as amended.
(c) In tho employment of labor the Contractor shall wive
c.rEferer_ce, other things 'Ping equ2y, to honorably discharr en soldiers,
sai1&r and mcn-rines,=nd resi`ent laborers,but in s'?ch cc-Inectih:_.
there shall. be no o ;her preference, or d:.scrimination, xrnong citizens
of trie Unite? States.
TENTS: Publi:. Convenience and safety: (n) The Contractor
mast arr.. nee to ta'�;e car^ of the eel Stingy traffiCT` so as to incon—
veLience 'Vbe general public as little as nocsible.Resiuents along
the road --i-aist he rroviaca for as -far �s practicable,. Temporary
annroc.ches ti crossings or intersecting highwa7s sh= z 1 be provide!
and kept in. ooc condition wre_re reajired by the City Engineer.
(b) The Contractor shall provide and maintain such fiances,
barriers, si�-ns, r¢t;l{ ��h�,� and watchmen and other imea.ns as may be
neeegsery to prevent a.cci^,ents to the publ ic.He shall place at the
joints dpsi --natc� by t .e City Engineer such warning- signs as may be
f.ir:iished by the sal d City EnFi neer, and he shall provide white Ii-hts
a^ :.ay be necesFrpy for il.lurainating the acid signs.
(4)
I
0 . . 0
(c ) The Contractor shall care for riblic traffic:,as required
and direccted b;; vie City Enginep": Detours used erclasively by the
Contractor for hauling materials and equipment shall be constructed
and main oalned by him rt his expense.
ELEVENTH: Preservation of -Property: The Contractor stall.
at 1:J.S nti u exi)ensei preocrve c'',,.nd rotec � it OiIl injury the r oc dSiu.e
tra �r I corering the trunks ; i�:': 5ar2gn or drive stakes e.ro�1r_d them
wren required by the Cite Engineer.
TIMIrTR: Resnonsibilitz for Damage: The City of Huntington
De1ciI, The City Council, and the City Engineer will not in any manner
be ans►iera.ble or accountable for any loss or damage that shall or
may h-Dnen to the saic. work or any oart thereof respectively, or for
any oi' the msterial.3 or other thins used or employed in .finishing and
co:i Tlet:.ng tl�z ����.r'.-�N or for the in��ary to sn3* person or ;arsons. ei t} ex
work:zen or the Dul,li.c .for damages to adjoining property from any cause
which ::ibht hati c been nraysnted by the Contractor or his ;:orkmen, or by
en, one employed' by him; against all of which injuries or -damages to
Yer sons and property the Contractor having control over such r;or'.:
must prc,per? T :,-uard f�-id must make good all damages from rrbatever
cause ; hn inU strickly responsible for any damage to any person or
nrenerti, resulting �ror de-!'ects or obstructions or ''_ ors any ce.zlse
whatsoever curing the orogress of the cork or at any time before the
completion and final acceptance and that he will indemnify and Save
hermless ti,e City oil _'Lvntington Dea.ch' tbe City Council and the City
Tn&iueer :°rom all suits or actions of every name and descriTition
brought for or on account of any injuries cr damages received or
sustaine,. bly any *:ersan or persons,by or from sal.d. Contra,ctor.his
Dr Fr=i"::t:,, �7 �i.: construction Of 3cEACI wort:, or by or in
consequence of �ry ne5li;�once in guarding the same, in imtroper
mater�..,1s used in 4tw construction or r; or an acco a.nt of any act or
omission of the spi! Contractor or his agents,and the said Contractor
(5)
f*,A,rt*_c r egrees at all times to carry public liability and property
C'•.ama._me insurs-nee satisfactory to the City Ingineer, covering all
cork '-eing ia-;' ?,nder this ^ontract.And for any loss to the Cont—
r actor by fire or earthquake the City of Hunting ton Beach, the Cit
Co�_incil and t^e City Engineer will not under any circumstances be
answerable or accountable.
THIRTEENTH: Sections open to Traffic: Whenever the Contractor
shall have completes' a section, in all respects in accorr.a.nce :,ith the
req,ai_rements of this contract and. the specifications and to the
sutisf.ncticn of the City Engineer, tree City Co�.nc�.l sbn.11 so notify
+^a Contractor in writin , and n "t-,r such. not•icE has been given t h a
%
Contrac-tor shall be relieved of the duty, of maintaining and protecting
7F,id section_ and except with his consent shall not be required to do
farther Fork on s-,id section; rovlded,however. that nothing in this
nx ticle shale. be so construed as to relieve the Contractor of full
rea,,onsibility for making ,,cod defective rcrk or materials found at
any time before the final acceptance of the entire work or so as to
alter in a.n;T t'ne mr-thod of payments, x.rescribed by this contract.
FOURTEENTH: Lines andgrrrcdes: The Contractor is to furnish
free o f che.r. c;e all labor neces °:ary for markiTi R and rmaintaining points
or_d. llry s given by the Cit Engineer and. is to g`_.T;e the City Engineer
sup: faci"Aties.and labor for giving :paid lines and points as he may
re qC ix-e ; and the City Eng{ neer' s marlcs :gust be carefully Dreserved.
�IFTEMN tF: Tests of teriAls: All-Aetts of materiels furn:.s--
hed by the Contractor shall be made by the City Engineer in accordance
with such methcds as tie mean from time to time ad.o t.
Si_-1tee, nth : quaI tv of 'Materials : A].1 z,aterials used in the
~fork sr�ill meet the requirements Of said s,opcificetions an-3 no
materials shell be use3 until it has been an -;roved by the City
se -.l rcd and 1k-,e tv -ihpA. necessary to :'et£r-
nine the quality of
Tiar `� ,,..; y testr, -;-Al ? be ::f?rle t'^. Jramp v? y rs Coss" ble 20 as -not to
inco jVeni nce the L >r3•^ or.
rrF:TT~E' TH: Storage oL'Yaterial.:: ?Materiels ch ll be stored
so es to -wzsure t:e presi_-rvation of thEir q%ielity and fitness fc,.x' the
work. StoreG! meter. icl.s _-hkall be loc:atec' so aC to facilit4 t:o rronnt
'.nsv.ctLon.
v T._EX _ ._. In.:pection• 19he (3i. l-EZL61..1ee and -.1z P.v6thJ.rized
c^_4s1^ir.:2ti -hall ,it 211 t Iie s isve ac -:ess to the :•7rk curing i oS
:o-,)-s L tior., aria chill brfurnished with every rc<<sonable fr,cil Lty
for that '%z3e stock. arc---laterialS ased c.nd employed end
t12c orkzianship are in accox-?a.nce with the require men-i:; « J.ntentr.ons
of this contre.ct;nll work done and all ..-Ater. als f=,nished shell be
sub,; not to the insnec:tion and a-onroval of the City Er.7inee~.
NII:ET Ei' T : refective Hateri.al: and Work: (a) The incnection
of t e .,ork shah not relieve the Contractor of 2ny of his obligations
to f:11fill 'pis ccr.tract zs herein prescribed*and rlefective work shall
be mande food and uns:;itab;e mzaterisis may be rejected, notwithstanding
that ^u In .,ork and *nat-erials Iipave been previously overlcc'red
+ n . 1 .7. t• w �. �, •] n ,. v �` a M r i 1 { ^+ f .a t -} p e�
CA. v•, "��Ivine..1 C.nd ac e � � . it t.i � .,ed f or v_Lr-
(. J) lf' the '?;rr:: nr ?::" mart toll G:r eo shal. i be f oland ds fec ti: e
+- !any l.cfore t'e ack'eIt^nce :f ��e ?-Oo e Pork t1e Contrac—
for shall c)rth�: ith ma.l�e �rod such defect ;n a manner sa.tisfa.etory to
th.e Cit � En`ineer.
(c) The Contractor shell, of ter r eceitring written nctiue from
thns ineer to that effect, proeec, to remove to a satisfactory
r'.istan—.e prom the work al.l materials condemned b,,- r^id City Engineer,
v"ae-;her 'ror!:e:� or tizworked arid. r er�ove a.11 norti r_na of the ork which
t-:c e2i C' t-r Engir.cer ski-ll c��r,;iemn zas unsourr or Improper or us ili
�. _L: �1^;•* 3�.I; :_ tc co-_f,, r r to the sT cc if i kc ati ons and shall co•ier, ,
z n t Yi. ,L rom injury,
�:•. �3 ,�C :. 4.::�' �'�_r':^C�.�'E; �.12F t,.11i�SrtCE to 3eCu2'., ..e wo..
(7)
t Z "'. all damage happening to the sa,ine shall be made good by the
Contractor.
TWENTIETH: Cleaning Un: (o.) After t-be completion of the cork
the Contractor shall remove all te!nDorary structures built by him
and all surplus materials of all kinds from tithe site of the worl,
tad leave th£ --.ole clean rnd presenteble.
b) If ord er•,d by the City Sr_gineer, the brush and other
combustible debt;s shall be pried in the tenter of the roadway or
other ^learing and turned.
TWENTY-FIRST: Time of Completion and Liouidate!L:Dama&es
(a) It is a.'reed that in case all work called for under said
contract in all nnrts and requirements is not finished or completed
before the exairation.,of
( Sundays ana holldca s excluded) from the date of approval of this
contract by the City Attorney of said City of Beach,
aa.age will be sustainer _ Inv the Cit,r of Huzitington Beach Land that it is
and will be difficult to ascertain and determine the actual damage
which tie said City Lai ll sustain in the r i-e nt of and by -reason of
skc"a .:eloy, and i t Is tber_.fcr:. agreed that said Contractor will pay
to the said City of H ntir.gton Beach the Sam of Tr,er-ty-five ($25.00)
dollars per day for each and every day! s delay beyond the time herein.
oerscribed in finishing the said r:ork;and s:�id Contractor ,:ha7 _ ply
said liq-aidated damages as herein provided,and in case the sr_;ne is
not paid sai% City Council :ray deduct the amount thereof -from any
money due ea` that ma,y becomo cue said Contractor under this contract.
(b) It in further agreed that in case the -7ork called for
sander this cortra.ct is not -finished �.::a. completed in all parts and
requira:Tients *within the time hereinbefore specified,the said City
Coauci.l shall have the r-.;. ht to exte^.d tre time for completion or not,
?,s :nay seer best to serve the interest of the said City, and if. they
(S)
decide to extend the time limit for the! completion of this contract
they shall further have the right to charge to the Contractor, his
heirs,assigns or sureties,and deduct from the final payment •fo,• the
work all or a.nir past , as they may deem proper, cf ty o actual cost of
engineering, inspection, sunerin ,09ndence and incidental, ovsrhe,ad expe—
nses which are directly chPrgee.ble to Bach extension and rhich accree
during the period of such extension.
TWENTY—SECOND: Annulment of Contras iRhenerer in the opinion
of the City %3ouncil the said York is neglected by the said (Contractor
or the same is not •orosecuted with the diligance and force (specified.
meant and intended in any manner bL the terms of this ccntract,it
shall be lawful for said C;L ty CotLnp.il to mr—I P a requisition upon
sAid Contractor for such additional snecific force or such additional
snecific material to he brought into the -.7 rk under this contracts, or
to remove improper material from the grounds as in the judgment of said
City Council this contract ant! its due and. faithful fulfil? isent require,
of which action of said City Council due notice in writing of not less
than five days shall be served uran said Contractor or his agent
having, charge of the ;pork, and if. the Contractor fails to comply with
such requisition-rithin f .tre days, it shall be lati.ful -Oor said City
Council to employ upon such cork the additional. Force or sapply the
materials as speelfically required as aforesaid. And the amount for
each ado A.tional fc.rce or materials shall be charged against the
Contract^r and be d ed,"icted from his next or subsequent estimate and
payment,or the salve or any part thereof not so deducted may be re—
covered from the paid Contractor or his sureties.
Moreever,if the said Contractor fails to camels with such
re q-zlsit3 on within fire days, the said City Council insy declare this
contract termina.teA an^ mey itself proceed to complete the cork here—
in specified or may enrage onf Uther pE.11- or nerson� t� do tha
UaTTLG w
X9)
a 4 0 5
1 0 0 4
Upon the completion of such work the said party of the first nart
through its proper officer or officers shah cause a statement to be
ram -de of the ex-nenses properly incurred consequent on and incidental
to the default of the Contractor as aforesaid, and in co:-pleting the
nnork itself or by any other person or persons. Should the amount in
such statement be less than the amount ;,-hich would have been due to
the Contractor unor, the completion of the work by hire, the difference
shall be paid by him to the said party of the first D8rt;should the
amount of the former exceed the latter, the difference shall be paid.
by the Contractor 'Co the said party of the first part.
TWENTY-THIRD; (a) The 8ontractor will pay all bills for labor,
1.
team hire.material and supplies contracted for by him on account of
t1:c cork herein contemplated when same become due and payable,and he
will ft T-iish to the said City Council on the 5th of each month a
scorn statement of all unDsid indebtedness contracted for on accotant
of the .,ork herein contemplated,and of all claims Of nrilxRte caraoration
s or ind:- victuals for damage of any kind caused. by the construction of
raid %;ork, together with the d.rxtes of such bills and the names and
adare4ses of such creditors.
(b) The said City Council at its option and at any tiine by
written notice to the Contra.ctor*uon the failure of the Contractor
to furnish such s totement, ,or upon -proof that contracted indebtedness
i-s-0 not being met -,,,hen due,ma:; -leclare this contract terminated ana
may itself procppd to complete the work herein specified, or engaga
any other -person or Dersnns to do the same.
(c) Moreover,. --id City Council may at its option and at any
time retsin out of any amount due said Contractor sums sufficient to
cover any suh unpaid c' airs ; provi �, ed that scorn statements of said
claims shall have been filed in the office of the said WAy Council,
at its option,and at any ti-nc� ney any such •:.nnaid claims out of the
amounts so retained.
(o)
1 4
E. u
Ell
r
The Raid City Council may alse,with the written consent of the
Centractor,use any moneys in the possession of the City of Huntington
Beach belonging to the Ccntractor for the nur ose of paying for both
labor and materials for the work.
TWENTY— FOURTH: Pa-r .,ie. nayirnrts : This co --.tract shall provide
that the said City Counc4.1 shall once in each month cause an estizrato
n writing to be :Haze by the City Engineer of the total amount of
cork done tc the time of such estimate,and the value thereof. The said
City of Huntington Beach shall re -Jain Fifteen per cent (153 o) of such
esti'.7� to V,?.i�IF 0f J1 �` 1.±J1 •_ , . ,c ;:•:�';: for the fulfillment of
this cor';-ract by the Contractor and shall monthly at roaular meeting
Of City Council pay t; the 0ontractor whilo cvrrying on Vic work,
the balance not retained as 4foresaid, after detucting therefrom al"I
previ,)u;r nFiyments and all sums to be :apt or retained under the
provisions cf this contract. No st.:;h estimate cr payment shall be
required to 1s made when in the judgment of the City Engineer the
work is not aroceed.ing in accordance with the-rovisions of this con—
tract,or when in his judgment the total valus of the work gone since
the last esti L_te amounts to less than Three Hun red Doliars(300.00).
The City Council i:iay, .L n it deems It A--m-ediert so to do, cause est—
imates to be mace :zero fr%;q ently than once in each month,and it may
cause-oaymer4ts, to be made more frcqaent'l,T to the C-ntractor.
TWENTY—FIFTH: Final !aymant : (a.) The Ci uy Engineer shall as
soon aF nra.cticable after tti}e cor:ipletion of tr,is contract,make a final
esti:ate of the amoi.nt of work done thereunder,and the value of such
and the Paid City of Euntinrrton Bead: shall at such time within
Thirty—five (35) deys from and after the date of said estimate as the
Citjr Council may elect,nay the entire cum so found to be due hereunder
after deducting therei'ro*n ^11 prevl3u.s payments and all amounts to be
kept and all e~�ourts to t _, retained -lander t'_Q provisions cf this con—
tract
(1)
I a 0
A�.1 prior partial estimates and paya,)ents shall be subject to Corr--
ection in the i'iiial esti►ia.te and payment.
(b) It is hereby specified that no certificate given or pay-,
Tents made under this contract- except the final certificate or final
;gay- ent shall be conclusite evidence of the performance of this con-
trac t, either v;hoil y or in part, against any claim of the said City of
Hunt i:o ton ?bea.ch, and then not until the lapse of Thirty-five ( 35 ) days
after acceptance of the wor?r by the City Council, and no payment
shell be construed to be an acceptance ci-f any defective :cork or im-
prcoer materials.
(r ) And the said Contractor~ hereby further agrees that the
pa.-,r:r.ent of the final amo ant due under this corltr?ct and the adjustment
and payment of the bills rendered !or any work clone in accordance
with any; al Ler ation of the same, -hall release the City of Huntington
Beach,the said City Ciuncil and Abe vity Engix.ecr frcm any and all
claims or liability on account of work performed :in.der this contract
or any alicrations thereof.
Tv Et7' TY-SIXTH: Property Hight in Material_ It is further
agreed that noting in this contract shall be construed as vesting in
the Contractor any right of property in the :materials used after they
have been attached or affixed to the work or affixed to the work or
the soil; but all such materials shall,upon being so attached or
affixed,become the property of the said City of Huntington Beach.
TWENTY-SEVENTH: No nersona.l liability: It is further nrovided
that no member of the said C; ty Council or the City Engineer or Any
cther sfficer or authorized assistant of said City Engineer shall be
r_erconally responsible for any liability arising under this contract.
TWENTY-EIGHTH: Faithful Per-formance Pond The Cont-actor shall
furnish a
common lacy
bond for
the
fait - al I-er
formance of this con-
tract in
a slimequal
to fifty
per
of the Contract prica.
T IENTV-NINTH: The total mount of the contract price and the
•
0
r�
•
bld herey-"before referred to is the rum of Tvmnty-Two Thousand Nine
Hundred El hty Eight Dollars '$22, 988.5g) lee Ger��s
THIRTIETH: The nartir of the second part further agrees to
OV
furnish Vin- City Cwircil with a certificate that it carries workmen's
compensation insurance covering all liability for injury- to any
laborer, wo.,1cman,mechpnic or other person employed in,upon or about
the execution of the work ;;onteicplated by this agreement, and the
party of the second -:^srt agrees that it will carry such compensation -
insurance at all times.It further- agrees that it will at all tires
hold the party of the firit part harmless from any and all liability
of any kind whatsoever a.rizin;; o'.zt of the execution or construction
of the work contemplated hereunder.
IN WITNESS ME REOP, the Mayor of the City o:f Huntington Beach
has caused the corporate name of the nart;T of the first nart to bs
hereunto annexed by virtue of a motion duly made,seconded end adopted
by the City. -Council of the City of Huntinalton Beach and the party of
the second aar; has caused its corporate nams and seal to be here-
unto annexed by its daily nuthorized officer.
C T TY F3?`� ACH , Cam, FORNIA.
- /
BY
Mayor.
Part; of the First Part
Cit.r C1*6-i�k end C:J erk
of tine City Council of the City
of Huntington Beach, California.; f
C
City Attorney of�.e
0f 3unti_ngton Beach,
Pasty' of e Second Fart{V-
� c•� t
`
Ci y itY En;in er of the City of
California. Huntington Beach, California.
P R 0 P 0 SAL.
For the construction and improvement of Crest Avenue,
Tenth Street.Wesley Avenue, Quincy. Strcct and Indianapolis
Street,with its appurtenances,in the City of Huntington
Beach, California.
To the Honcrable Mayor
and City Council,
City of Huntington Beach, Cal ifornia.
1 (Pub. Oct. 20 an Koy.• ,.f_)
F+IOTiCE INVtT,it'I'ta-SF_A! L7* SIDE'
OR P;36P 7i6AL"S �
Nnf ce if, hereby gli zt':I,tat the
CRY Coimcil 4f.: tdl _Cite of `%hint• j
ington Beach. 0111fornii, atlli r4-'4
eP1Vv- wmiM d biiisi or rrorwals for.j
ftsrniAl:lug tall "liil�cir. cite tni;<tcrlsit ttttt
fur delta .-ttse .: fQliast+IlRg-,tstree2
Work:
150,0 O'-square feet, 1 inch rock
3 nG.OG j' Bruare ft�ei t is , itic ; fit:=
compo-und granite base vdth.7.:1*,_
4tac;U;,ro: k ui.il iii1:eWriac-
:"6i lineiir ft`tA-'- 14i ,itiall .c4njent
renerote curb
NO littear feet. 12 guage. }y tach
currur.;ted .Vipe culvert.
24Q '.itae9lr leett.M1# �t1gC, $ iIICi7
rants;a.teA-pijttr:-ci�iarerf;."
Flas*�. Hpnc3icstlt3t�nsj'�c:tatitiii
dr4wJJZM3:.jnxY be
sr,^ured rtf, the c(:icd of the, Pity; pc:sit brill' Vn, ro4u1red,' ntib!uct' ko;
refii:ul whets . mettle ;Ira returned to'
ti,e Office of the City Engineer -it'
mAuriteil prior, 'to`-, Deicember Sit,'
i Isidts tr441 br►,j*etVQ+,j. at . #xo sit•
fie" .•I)f . ll& CHO 'Clerk up'-t:nrtfl
tii;a NA 'ter
[17th. 1930, and-'bkls •Ili" .npshed I .
dull c+:cauiineL at ;ua16t..41M i
s The C Jty 'Coui: !!herby rMwit88
tile, rieiti ta. =fcct and 'aliff "alit
bbix, and to uccePi the, bid Or-1
miffs pippin d for time -best is,tcTeRt
tJi{. of., Hun:ington.ei eacit. ;
13y ordrr fii the dt�r -.�,O�iAOL
tl:, day of Or.Eobi1r, d� ��.` j
t C.'R. FbR13, I.
- CRY C-Ic'rk. 1
In compliance with the annexed
notice inviting sealed proposals,
I hereby propose and agree to enter
into contract to perform the work
herein described,and to furnish the
material therefore,according to the
plans and specifications for the
said work,to the satisfaction of
and under the supervision of the
City Engineer of the said City of
Huntington_ Beach,at the following
prices,to—wit:
For the Construction and improvement of the following
streets:
ALTERNATE No. I
item 1. CREST A'IE`NUN AID TENT-H STREET
3 inch Rock and Oil the sum of
c_1 � ^��� J �� =+_ � ,r rt _ / � J: _ •Jj� `L'!/ _r.:` Il .♦ . � ..{ _ X ! ' � t .•z�f H � � �. i l
AL mER11A E N o . 2
Item 1. CREST ATENIUE AN-? TENTH STREET.
3 inch Emulsified Asphalt Full Penetration Pavement
The stLm c s
ALTERNATE No.!.
Item 1. UTICA STREET.
3� inch Decomposed granite base,l-,� inch Rack and Oil
wearing surface the sum ofc-c-,�
ALTERNATE No. 2.
Item 1 UTICA STREET.
311- inch Decomposed granite base,l� inch Emulsified
Asphalt Wearing Surface the sum of
Item 2 361 linear feet 16" cement concrete curb the s= cf
'oer fin. fit.
Total
ALTERNATE No .1
item 1 WESLEY AVENUE, Quince Street.
3 inch Decomposed granite base,l:s inch Rock and 0.1
wearing surface the sum of ,�-=�. '
f�.��'Lw' �-+"Tl.��'% .�/G.-•�" �.+� .1-� �. . ,l J-s �i1 �_ ,7 . Y._�'it; ' � _ _ �� � � ..1.1...._ i
Item 1.
ALTERNATE No , 9 .
WESLEY AVENUE , QTJ TIICY STREET.
31 inch Decomposed granite ba.so,1-11, inch Emulsified
Asphalt Wearing Surface tho sum of � L ;%.�-u.Q ---�-�
ALTERNATE No-,-1
Item 1 INDIANAPOLIS STREET.
3� inch Docomposed granite base,l� inch. Rock aZd Oil
'Nearing surfac : the stun of �Vv
. ,�..c%��,r � � ��+�, ��... �-r�',.i�rs �2•ts�k;�, ��1ct.G (� �S.7�C► � °a'
v �
ALTERNATE No.2
Item 1 IIQIANAPOLIS STREET.
3- inch Decomposed granite base, 1-� inch Emulsified
Asphalt gearing surface the sum of
Item 2. For the construction of structurc No 1 the sum sf
l.lf�'tIt�'=-• t--r�--�11Z.di� ,'�� � .•:L •Nt � ?-:_• i �J'� � � �� t -�
V
Item 3. For the construction of st uctures No, 2-3--4-5-6--7
the sum of � ach
The City rnuncil reserves the right to accept or
reject any bid or proposal and accept the bid er proposal
deemed to be the best interosts of the City of Huntington
Beach, California.
' � � ,.v U � .%tip✓ :� `/ 1 � � � -� �%`
i
�[N:awe 25.
�
t4
1�
t
1 «
CgSVRITY'
INSUnit"cc
1 .l-its
SUnCTJ
.100
6 • ! 0
CHARTERED A4R1 L 22M' 1874
SOUTHERN CALIFORNIA BRANCH OFFICE
1200 CORPORATION BUILDING
PIERCE J. OEASY. MANA49H
LABOR AND MATERIAL - PUBLIC WORK - CALIFORNIA.
FNOW ALL MEN BY THESE PRESENTS: That we,
J. H. EF?IoTOH & Co' s
t ram:. • :.r.+.�..:
as Principal,
and THE METROPOLIT.AIT CASUALTY I14SURANCE COMPANY OF NEW YORK, a corporation organized
and existing under and by virtue of the laws of the State of Now York and authorized
to transact surety business in the State of California, as Surety, are held and
firmly bound unto any and all materialmen, persons, companies or corporations furn-
ishing materials, provisions, provender or other supplies used in, capon, for or
about the performance of the work contracted to be executed or performed under the
contract hereinafter mentioned, and all persons, companies or corporations renting
or hiring teams, or implemsnts or machinery, for or contributing to said w6rk to
be done, and all persons performit.g work or labor upon the same and all persons
supplying both work and materials as aforesaid, in the sum of - - - - - - - - - -
@LE1 J- -4 TF1TJ1SAepJ FX_q HUNDRED 111INE 1 FOUR LPI 29 100
Dollars, (5 I1: 491# •29
lawful money of the United States of America for the payment whereof well and truly
to be made, we hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed with our seals and dated this Sth day of December 1930.
The condition of the foregoing obligation is such that,
WHEREAS, the above bounden Principal has entered into a contract
dated December S, 1930 , with City of Huntington Beach, Califo,-,da,
to do and perform the .following work, to -wit: for improvement of Crest, 10th Street,
Utica Street, Wesley Street. Tndiananolis St., Huntington Beach,, Cal iforni.o.,
NOW, THEREFOR:, if the above bounden Principal, or_. is sub -contractor,
rails to pay for any materials, provisions, provender or other supplies or teams,
used in, upon, for or aboit the performance of the work contracted to be done under
said contract, or for any work or labor done thereon of any kind, the Surety on 'this
bond will pay the same, in any amount not exceeding the sum specified in this bond,
and zlao, in case suit is brought upon this bond, a reasonable attorneys fee, to be
41;..nA t*.. iU.. nwa...♦ _....7 4w L.. L-»- 7 -.- ---1- -- t a - I. - !.. _7.- 1 . , . .. . .
STATE OF CALIFORNIA
County of--- Iss:
On this..... ath .........�,..drly of._.._.... �?e?�r.�...._._.....in the year one thousand nine hundred and.... t: ..._......
before me,................ ................... !�',A.......SWA..................._...._...a Notary. Public in and for said County and
State, personally a#� Carid_:.:.:................... D• • = ................. ...... ........., known to me to be
the person whose name is subscn'bcd to the within instremcnt as the attorney in fact
of THE METROPOLITAN CASUALTY INSURANCE COMPANY OF
NENV YOR . and acknowledged to me that --he sutseribed the name of THE
METROPOLITAN CASUALTY INSURANCE COMPANY OF NENV
YORK thereto a., principal, and.. hill .... own Milne as atto in fact.
Section 1192. ........................... I .-........ ... ...............
............
C.C. of Calif. Notary Public In and iur t'._: County
state of callfomla.
GEPSE41AL i i.
i�
,1
0 e + 0
CHARTERED APRIL 22„° 1874
SOUTHERN CALIFORNIA BRANCH OFFICE
1200 CORPORATION BUILDING
PIERCX J. DEASY. MANAGER
LABOR AND MATERIAL - PUBLIC WORK - CALIFORNIA.
KNOW ALL MEN BY TH=E- PRESENTS: That we,
J. H. MWISM-Oli & cot
11:1 .29
as Principal,
and THE METROPOLITAN CASUALTY INSURANCE CUMPA;rf OF NEW YORK, a corporation organized
and existing under and by virtue of t`rr laws of the State of New York and authorized
to transact surety business in the State of California, as Surety, are held and
firmly bound unto any and all materialmen, persons, companies or corporations furn-
ishing materials, provisions, provender or other supplies used in, upon, for or
about the performance of the work contracted to be executed or performed under the
contract hereinafter mentioned, and all persons, companies or corporations renting
or hiring teams, or implements or machinery, for or contributing to said work to
be done, and all persons performing work or labor upon the same and all persons
supplying both work and m-terials as aforesaid, in the sum of - - - - - - - - - -
tl'1•7 T'fiC'U'SJL FOLMI H=RED IdII��'TY rOUT ?e 2S lCa - - - D( 11,494.29 }
Dollars,,
lawful money of the United States of America for the payment whereof well and truly
to be made, we hereby bird ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed with our seals and dated thin 3th day of Deceiter 1930.
The condition of the foregoing obligation is such that,
WHEREAS, the above bounden Principal has entered into a contract
dated December S. 1930 , with City of Hi3ntington Beach, California,
to do and perform the following work, to -wit: for lm. rovement of Crest, 10th Street,
Utica Street, T-Ifeeley Street, Indianapolis St., Planting-on.Bead,, California,
NOW, THEREFORE, if the above bounden Principal, or_ILI sub -contractor,
fails to pay for any materials, provisions, provender or other supplies or teams,
used in, upon, for or about the performance of the work contracted to be done under
said contrast, or for any work or labor done thereon of any kind, the Surety on this
bond will pay the same; in any amount not exceeding the sun specified in this bond,
and also, in case suit is brought upon this bond, a reasonable attorneyts fee, to be
fixed by the Court and to be taxes as costa and to be included in the judgment
therein rendered; PROVIDED that any and all mains hereunder shall be filed and
proceedings shall be had in connection -therewith as its provided in the Act of the
Legislature of the State of California, approved May 10, 19190' and designated as
Chapter 303 .f the Statutes of 1919, or as may be provided in any Act amendatory thereof
or which may be substituted therefor._ /_-) y, / � �, r
THE METROPOLITAN CASUALTY IN41-e
`- ,'RANCE COMPANY OF NEAR YORK
B_-----
,d totorney-in-fact .
0
•
SOUTHERN CALIFORNIA BRANCH OFFICE
1200 CORPORATION BUILDING
PIERCE J. DEASY. MAMAGNM
FAITHFUL PERFORMANCE - PUBLIC WORK - CALIFORNIA.
KNOW ALL VIEN BY THESE PRESENTS : - That we,
J. H. ] IGHT— ON u CO.,
11, 494.2s -_
as Principal,
and THE METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, a corporation
organized and existing Lander and by virvue of the laws of the State of New
York and authorized to transact surety business in the State of California,
as Surety, are held and firmly bound unto CITY Or F.T.PIITINGTO MACI', California
J. the suns of ::i.4�`II T:IOt3S�Lr : O'un H�:D':�? �7 I: yTY FOf; G 2'�iC�i -- Dollars
( lawful money of the United States of America, for the
payment whereof, well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and
severally firmly by these presents.
SIGNED, sealed with our seals, and dated this Sth day of December 1930
The eonditlon of the foregoing obliCP
gation is such that,
WHEREAS, the above bounden Principal has entered into a contract
dated Deca-loc:r utl, 193(} with said CI'i''i OF EMF_ 1%,7CV O1T BEACH, Cal iforni a
to do and perform tho following
work, ijr.rrovcment of Crezt, 1012,1 St-r -e ., Utica '_: rrIet t Ic sley Street,, Indlananolis
St i itllti:-it to Beach l Onlif or?7:.a,
NOW, THEREFORE, if the above bounden Principal shall well and truly
perform, or cause to be performed, each and all of the requirements and obli-
gations of said contract to be performed by said Principal, as in said con-
tract set forth, then this bond shall be null and void; otherwise it shall
STATE OF CALIFORNIA
County _-_.-_._ _...............�..___�_'
If
On this..._._. S+,h .......... of._..._..__.b?:....._»..__...-in the year one thousand nine hundred and...lirC............. ..,
before me, ........... a Notary Public in and for said County and
State, personally anpt:arccl....................... De..ia.. �R................ ......... .......................... ............... ........ ........ known to me to be
the person whose name is subscribed to the within instrument as the attorney in fact
of T11E NIETROPOLITAN CASUALTY INSURANCE COMPANY OF
• INEW YORK an(I auiL-nnw1rdgrd to me that ....he stabscribeci the name of THE
METROPOLITAN CASUAI:.TY INSURANCE COMI'ANY OF NEW
YORK thereto principal, and ..... AiL...._own name as attorney in fart.
Section1192,....................................... ................ - .. ..»-------- »
C.C. of Calif. taxary Publk In and for the County of ~L0$ .�21ge�.ii �W.
sate of C41111) aa.
SOUTHERN CALIFORNIA BRANCH OFFECE
12GO CORP01RATION BUILDING
T PIERCE J. DEADY. MANAQXR
FAITHFUL PERFORMANCE - PUSLIC WORK - CALIFORNIA.
KNOW ALL MEN BY THESE PRESENTS:. That we,
_11,494.28_
J • H. ranr.7AT ON & CO• I as Principal,
and THE METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK. a corporation
organized and e.isting under and by virtue of the laws of the State of New
York and authorized to transact surety business in the State of California,
as Surety, are held and firmly bound unto CITY OF h7=r..:r,!-,, 'Cr2 2E.!7H, California
in the sum of EI.:V7E11 THOUSA?T FOUR HM7DR7,r1 ., I" f 28,1100 - Dollar;
($ lit',*29 �, lawful money of the United States of America, for the
payment whereof, well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and
severally firmly by these presents.
SIGNED, sealed with our seals, and dated this 3th day of December 1930
The condition of the foregoing obligation is such that,
WHEREAS, the above bounden Principal has entered into a contract
dated December Sth 1930 , with said CITY OF HIMITIT I :C-702? BEACH, Cal if orni a
to do and perform the following
.�.,ro. r--e t Cr a 10 h -Street Utica S.reet Wesley Street Indianur..olis
work, i�_.,. a..L. _ r, � of ,,. e., � , , .... .. S � _
Street, :luntln�;ton Dead:,
NOW, THEREFORE, if the above bounden Principal shall well and truly
perform, or cause to be performed, each and all of the requirements and obli-
gations of said contract to be performed by said Principal, as in said con-
tract set forth, th6n this bond shall be null and void- otherwise it shall
remain in full force and effort.
�i Principal.
THE METROPOLITAN CASUALTY IN9WCE COMPANY OF NEW YORK
Attorney- a --fact.