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RUBBERIZED CRACKFILLER SEALANT, INC - 1985-11-18
r kX/ t lnvi ra ncc Comp P,O. Box 45CO WocY:►ard Hills, California 911.65 POWER OF ATTORNEY KNOW ALL h1EN BY THESE PRESEATS, That FAR WEST INSURANCE COMPANY, A CALIFORNIA CORPORA, TION does hereby make, constitute and aprnlnt tlAR(:Ir. 0 . :t1ITIi Its true and Is*f jI Attorney(s}in-Fact,with full power and authority for and on benalI of the company as surety,to execute and ealivw and affix the seal of the cam-any thereto If a -eal It required, bonds, undenak.ngs,re_.zgnizanc*s or othe►written eoligations it the nature thereof, as tziSc«s: CONTRACT, LICENSE, PE%� T, COURT & MUCELLANEOUS BONDS ano to o,nd FAR WEST INSURANCE COMPA !hereby, and all of the acts of said Atterneys•in• acL pursuant to thest presents, are hereby ratified and confirmed. This appointment Is made under and Uy authority of the fallowing provisions of the By-Laws of the company,which are now Its full rorce and effei;t: Article li, 5ectlUn 7 of the By-Laws of FAR WEST INSURANCE COMPANY This Power of Attorney Is signed and sealed by facsimlle under and oy the autnority of the following resolutions ad:used by Me board of Clreetcrs of FAR WEST INSURANCE COMPANY at a meeting duly held on July 28, t9a3: RESCiLVEO tha!the president or any rice-p(esident. in conjunction with the secretary Cr any assistant secretary, may Appoint attorneys-in-fact or agents with authority as defined at limited in the instrument evidencing the: iocint. ment in each case, for and cn behalf of the company to e)*cut*and deliver and affix the seal of the ccrtpany to bonds. undertakings, recogni:ances, and suretyship collgations of all kinds:and said officers may remove any such attorney- in-fact or agent and revoite any power of attcrney previously granted to such person. RESOLVED FURTHER that any bond, undertaking,recognizance,or suretysnis oep4ation sell Le valid and tire- ing the ccmaany (Q when signed by the president or any :ice-president ar,a vested and seale^_ iif a seal to re;uirem by any secretary cr assistant secretary, or (h) when signed cy trio:resident ar any vice-cresicent or secretary or assistant secretary,and countersigned and sealed(it a seal :e recuireC) zy a duty authorized attorney-n-fact or agenr, cr IN) •when duly executen and sealto(it a seal be reruireC) by one or more attrsrr-eys-in-fact cr asents;ursuant to and within the Ilmits c' the iuihcrity evicencec t.y the -ower of attorney issuea Dy the c:-mpany to suer perscn or perscns. RESOLVED FURTHER that the signature of any authorized officer and the seal of the cemCany may to affixed by facsimile to any purer of attorney or co►tificaticn thereof authtlrizinp the exeaiticn And cefivery cf any tend, uncer- taking,recognisance,or other suretyship atugalmns of the company. and Such signature and seal wren ;,c used shall have the same farce and effect as though manually affixed It: M T•LESS "WHEREOF, FAR WEST INSURANCE COMPANY has caused tries* p►psenm to be signed by its pr;�•r ol:'.c�r. and its torpivate seal to Ce hereunto affbied t:.:! 2 5 th day of rw•'":, FAR WEST INSURANCE COMPANY ' s'.2 ��•~ i -G4.zy R. Pe te'-s Fres+Cent Kt" en G. Cohen seGetary : STATE CF CAUFCRNIA, COUNTY OF LOS ANGELES -- ss Onthis,. 5th dayof 117'na A.O.. 19AR__ -personally came betereme Gary R. Peterson and _Ka ZIIOn G. CmhPn to me known to ois the individuals and wfice►s of FAR WEST INSURANCE COMPANY, r CAUFOANIA who executed the agave instrument, and they each, acknowledged the execution of the same. and being by me duly sworn,ck2 severalty depcso and say:that may are the said officers of the corporation a lore saie.and Vial the seal affixed to the above instrument Its the seal of the corporation,and that said cor;orate seal and their signatures as such officers were duly affixed and suti- =ibee to the said instrument by the authority of the board of dneo:ors of said corporation. ••z�:_ i � Notsry P� ' STATE OF CALIFCRNIA, CCUNTY OF LCS ANGELES — ss CERTIFICATE I. the undersigned, secretary of the FAN WEST INSURANCE COMPANY, a California corporation, 00 HEREBY CERTIFY that the foregoing snot attached Power of Attemey remains In full fares and has not been revoked:rnd furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of dlrrtors set forth in the Pows:of Attorney,are now in force. Signed and sea.ed at Vesttri.ttster,CA this 15th say of • Hay tier `M AtK-2 t666 It's �� /' <✓fit,. `-••�- -se/ Karen G. Cohen secretary •�1• t `� UI MMMw �►�►� Par We t In �a'rance COM- pang City BOND NO. 9003909 CONTRACT MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Th2t we , RUBBERIZED CPACKFILLER SEALANT, INC. , as Principal , and FAR WEST INSURANCE COKPA►IY, a California corporation, authorised to coo buainesr in the State of California , as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee , in the full and just sun of Fiftv-One Thousand Five Hundred Thirty-Five *t* DOLLARS ($ 51 , 5.35 .00 *' 4** ) lawful money of the United States of America , for the payment of which we bind our- selves , our tieirs, executors and administrators , successors and assigns , jointly and severally, firmly by these presents . THE CONDITION Or THIS OBLIGI.TION IS SUCH TILAT: WHEREAS, the Principal , on or about 11/18/8) entered into a contract with the Obligee for crack sealing of various streets and highways , and Route: 1 and Route 39 in the City of Iluntinkton Beach , California `SSC-2 ; and WHEREAS, the Obligee requires the Principal to furnish a maintenance bond for a period of one year(s ) from and after the completion date of said contract to guarantee the correction and repair of any defective naterinls and/or defective workmanship uses in or on said contract . NOW, THEREFORE, if the Principal shall , for the time period herainabove specified from and rafter the completion dr.te of said contract , correct and repair any atich defective materials and/or defective workmanship, then Lite above obligation is null and void ; otherwise to remain in full force and effect . Signed and sealed this lSr.h day of w '`'a` , 19 Hh PRINCIPAL FAR WEST INSURANCE COMPANY.' 5405 Garden Grove 111•id. , 0250 RUBBERIZED CRACKFII.LER SEALANT, INC. Westminster , CA 92683 T Marcia D. Smith i Attorney in Fact l STATE OF CALIFORNIA. COUNTY CII' Orange +, On . May 15 , 1986 , before me a Notary Public, within and for the said County and State. personally appeared Marcia D. SrA th , known tome(or proved to me on the basis of satiractory evidence)to he the person whose name is subscribed to the within instrument as the Attorney in Fact of and foi the FAR I\ l'iltt`CE CONIUTAN . and acknowledged to me that he subscribed the name of the FAR WEST INtiI 1RAN('I? CONIIIA N Y thereto as Surety,and his own name as Attorney in Fact. _ Efsct�t. ,1:.a t: , i T(I!.Y!JKAY(aRI';t; ��� • ;_� .. : �.-tom L-f W FRECORDED IN OFFICIAL. RECORDS EXEMPT OF ORANGE COUNTY CALIFORNIA CITY OF HUNTINGTON BEACH C 7 Office of the City Clerk -3 !� PM FEB Z 4 'B6 P. (�. E3ox 190 Huntinvtun Brach Calif, 4261AF NO'f ICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to __ RUBBERIZED CRACKFILLER SEALANT, INC. P. 0. Box 1660-A-A. Garden Graye,_CA _92640 who was the company thereon for doing the following work to-wit: Crack sealing at various arterial streets and highways, and Route 1 and Route 39 in the City of Huntington Beach, California, Project MSC-244 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of tha City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on February 18, 1986 That upon said contract the FAR WEST IfIS(1RNCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach , California , this 19ti, _ day of February % 19$L. City C erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I , ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach , California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at HL ntington Beach, California , this 19th day of February 19-. This document is solely for the r official business of the Citp .• ��of Huntington Reach, as contem- / plated under Governmont Code City Clerk and ex-officio erk Sec. 6103 and should be recorded of the City Council of the City throe of charge. of Huntington Beach, California r4i.�+^/�� '.�Wr•��Y+r..y..•...�.rrW r.y�.'-+.rs'••.�r..�r•rr++....w�.�iM� �+...�/���a W..Mw WHEN :c C W)l Compared with Orginai 0. O'73'771. L;ITY L* HUNTINGTON BLACH E XE MPT, Office of tlic City Clerk C 7 flax 190 Ilrinln►lur� E�� ii I� l;�lf y?f�aP NOTICE: OF COMPLETION CPO NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to RUBBERIZED CRACY.FILLER SEALANT, INC. P_0. Box 1 60:�f a rdpn Gra e, CA 2640 who was the company thereon for doing the following work to-wit: Crack sealing at various arterial streets and highways, and Route 1 and Route 39 in the City of Huntington Beach, California, Project 14SC-244 VRE�CO�R_010 w OFMIAL RECORDS CE COUNTY CALIFORNIA U PM FEB 24 086 Nr t,L�UEa That said work was completed by said company according to plans and specifications and to the Satisfaction of the City Engineer of the City of Huntington Beach and ` that said work was accepted by the City Council. of the City of Huntington Beach at a regular meeting thereof held on _ February 18, 1986 That upon said contract the was surety for the bond given by the said company as required by law. Dated at Huntington Beach , California , this .lgth� day of February.� 19_��• City erY, an ex officio Clerk of the City Council of the City of Huntington Beach , California STATE OF CALIFORNIA ) County of Orange ) ss : City of Huntington Beach ) I, ALICIA M. WENTWORTH. the duly elected and qualified City Clerk and ex-officio Clerk of the City Council :�f the City of Hu tington Beach, California do hereby certify Under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach , California , this 19th day of February , 19 gk. This document is solely for the j efrictal business of the City 6 '" of Huntington Bench, as contem- plated u:1der government Code City C erk and ex-Of c o er of the City Council of the City Sao. f3103 and should be rscora.d Arse or ebarge. of Huntington Beach , California City of Huntington Beach Department of Public Works P . O . Box 190 Huntington beach, California 92648 Attention: Subject : Certification of Compliance with Title V1I of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on MSC-244 CITY OF 11B , CRACK SEAL VARIOUS_ STREETS_ _ANQ_JIIGKWAYS . Ii CLtJDIIIG ROUTE Project No . Ti�Ie 1 AND ROUTE 39 hereby certifies that all laborers , mechanics , apprentices, trainees , watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer , mechanic , appren. ice trainee conformed to the classifications set forth in the contract- :i training program provisions applicable to the wage rate paid . Signature and Title- GREG WAHL, PRESIAENr a RE QUE T FOR CITY COUNA- ACTION Date January 28 , 19B6 Submitted to: Mayor Y and City Council ;- GI/ �� CrJ,- Submitted by: Charles Thompson , City AdministratorL Prepared by: Paul E. Cook , Director cf PUbl is Works v�� r Subject: Crack Sealing of various streets and highways , and f 5�C�r and Route 39 - MSC-244 . Consistent with Council Policy? (xl Yes ( I New Policy or Exception Statement of Issue. Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : Rubberized Crackfiller Sealant , Inc . , has completed the cracksealing of various streets and highways , and Route 1 and Route 39 - MSC-244 . RECOMMENDATIOy : 1 . Accept the work completed by Rubberized Crackfiller Sealant , Inc . 2 . Approve Change Order No . 1 . 3 . Instruct the City Clerk to file the Notice of Completion . ANALYSTS : The following is a summary of the contract cost and explanation of addition to contract quantities . Contract Bid Price $49, 390 Total Contract Price t; Date $51 , 535 One change order ii. the Amount of $ 1 , 500. 00 gas issued to rout and fill transverse cracks on two bridges to improve riding quality, which together with contract quantity increases - made the total cost S5'l , 535 . 00 FUNDING SOURCE : Gas Tax funds will be utilized for this project , and the State of California will be invoiced for their share on Route 1 and Route 39 in the amount of $ 13 ► 545 .00 . 010 4M4 A A �. CITY OF HUNTINGTON BEACH b 2= -MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 2 , 1986 Runteri -ed 'rickfi1ter :Z31jn;., :nc. a a. 3ox 1 ao-A Garen Grove. :A g25NC RE : :r3c'< 1ea! ing a= 'iar;;,us loci:ions in City of Huntington 3each - MSC-214 Enclose,,. is 55,,X0 in cash whicn was suumitted in lie-j o; bid bond on the above referenced proJec:. Also enc lased is 3 cocy or the executed contract with :he C i :y of uun:ing ton 3each and a Cert i c3:e of Cmol i ante fora. The Ccmp 1 i ante =Crn nus: be signed a: :ne ccmvle:' on of Nork and returned to this office. :r, 3CCition , the 'ollowln5 items -nu5t also to -In file , w4t.h .his office, Before ,an -elA3sp. my retent'an f;Jnas . gua r3n`?e i ng the final mr-cunt 4Crk and materials for a one year perica. your cer'nr-aance bond does not include sceci,ic wording for a cre-year warranty , then a -ioer or secarate bond rust Cp sutmit_ed. ?. An a:fadavi . st3t' na VIdt 311 Norkrien ana oerscns --moloyed. all firms supplying material ;, ina a, i subc:ortr3c:ors nave been as c in fu: , ana that there ire no .utstanding cla4ms against .his oro ect. 6heul: you have any rues ions or concerns regarding the enlosures or items that must 1-e on file in this oi`ire prior to release of ret2nticn Bands . please C311 Can .4cble , Contr3cts Acministrator, i36-5441eaAwi.. ��. . jvrj;.�� Al icia M. Wen—tworth City Clark POW :bt rC: Con 'Icole, Pub- is '4crks ','Ppt. � Enclosures: S� CCC in cash t4 S Certificate of Canpl iance Cash Contract Received b Y Dated CITY OF HUNTING ICI BEACH 2000 MAIN STREET CALIFORNIA 92"8 OFFICE OF THE CITY CLERK January 2, 1986 Daycor, Inc. P. 0. Box 2005 Yorba Linda , CA 926B6 We are returning your Cashier Check in the amount of S5,676. 50, which was submitted in lieu of bid bond with }our proposal for the crack sealing of various streets, highways, Rt 1 and Rt 39 in the City of Huntington Beach , Project MSC-244. The contract for this job was awarded to Rubberized Crackfiller Sealant , Inc . , of Garden Grove. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMk':bt Enclosure Received by1� • 1. 4 a Dated 60000 � - d lw�rr 0 �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFC`91NIA 92648 OFFICE OF THE CITY CLERK January 2, 1986 Copp Contracting. Inc. 12507 S. Carmeni to Road Wnittier, CA 906C5 We are returning your aid Pond which was submitted with your proposal for the crack sealing of various streets, highways , Rt 1 and Rt 39 in the City of Huntington Beach, MSC-224. The contract for this job was aw,-�rded to Rubberized CrackFiller Sealant, Inc. , of Garden Grove . We would like to take this opportunity to thank you for your interest in sutxnitting a proposal . Alicia M. Aentworth City Clerk A .W:bt Enclosure ITWcPhonc 7144XS2271 CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RUBBERIZED CRACKFILLER SEALANT, INC. FOR THE CRACKSEALING OF VARIOUS STREETS AND HIGHWAYS THIS AGREEMENT is made and entered into on this day of 19 , by and between: the CITY OF HUNMINGTON BEACH , municipal corporation of the State of California , hereinafter referred to as "CITY" , and RUBBERIZED CRACKFILLER SEALANT, INC . , a California Corporation, herein- after. referred to as "CONTRACTOR" . WHEREAS, CITY has solicited bide; for a public works project, hereinafter referred to as "PROJECT, " more fully described as the cracksealing of various arterial streets and highways , and Route 1 and Route 39 in the City of Huntington Beach, California ; and , CONTRACTOR has been selected and is to perform said work ; NOW, THEREFORE , in consideration of the promises and agree- ments hereinafter made and exchanged , .he parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor , plant, tools , equipment , supplies , transportat`_on , utilities and all other items , services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to Assume the risk of all loss or damage arising out of the nature of the PROJECT , during its progress or prior to acceptance, from the action of the ele-- menta , from any unforseen difficulties which may arise cr be encountered in the p.:osecution of work , and for all other risks of any, description connected with the work , including, but not Limited to, all expenses incurred by or in consequcn,_:e of the ( 1 ) suspension or discontinuance of work , Except such as .are herein expressly stipulated to be borne by CITY , and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement , and in accord- ance with the requirements of CITY under them for the compensa- tion set forth in the accepted bid proposal. However , the total compensation to be paid is to be computed on the basis of the units of work as it is actsially performed , in accordance with the stipulated prices named in the aid Sheet( s ) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and the Contract Documents ( As hereinafter defined ) , the location of the job site, and the conditions under which the work Is to be performed , and that it onLers into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of. CITY . It is agreed that the Contract Documents are incorpo- rated into this Agreement by this 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, shall be bound by said Contract Documents insolfar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and includes A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY ' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by ( 2) 0 tlt� City CC)IIno- 1I of CITY , an,l any reViaiOn3 , 3menOmc.'It t3 or acl(len1,i thereto; Ii , This 1982 (�(1i t ion o Standard c eci f icatir.)ns, for Public Works, CC11St ,:'uction , published by Iluilder ' s News , Inc . R.,") �,v `r 1 :ir. Ange 1 er, , C;i 1 i forrti ,i 9003.1 Land M 1. 3��� 1. � � F1VLrll1(. I_,n.; � ai o- t p r -ite d by +_he :i0Ut.1)ern f�a - nia chapter U ; 011. hmor ' ' k_ Publ. ic- Assnci -'it ion -mrl ! C 1 • ^ Vic• a,i a a a t.�l�? Sr)litTlCrr7 Cal i . �) r; i�3 !. lF: t r" 1 � . .1:. ,UC1 �1t � i !_nE. r U: tTiC` l"om-Iittr_'�?; doctimentCi iricIiiC: lCi(y th,' Not Ice Irlvit: inn Ili '" s the Spec in 1 Tr:Str tic tions to Pid. -in(! till,? Contr" act.r,r ' s Proposal ( attachcr I her,-•t.r:) Its T:ti:hibit. " A ) F . They p-articuI i pI :nn:: , s/peri f icat. irn:l , sperci.al t)rovisions atirl ;v! ien].-i ippI i _."lUIe thy. PI?eMECT , ienVthin mentioned in the. Spec ificitl ('.t:i in(l lint inrlic:� to,i In !:Tl-? P : -�n, or indicated it-, the Plritis and :l l'_ mint irno1 l :In the Speci fiG'i- tions , 01r111. b(' of like r' ffr.c: t (i:•, i irlcllr'<"i' i'(i ;ind :-.er1t finned in both . 1Ci 'zi,se of 0iscrepiticv hetwet—n ."lri. 1 r):! ificat '_ ons sheclaI provis-, ion,; , car -ild-11A-1 , r nht-i11 t) imme(liateI .9u1)mi t t(2d by CC')N 'IZA 'TnP t-n t}ir_ i er' tr t m-_-ni cif Pt11) 1 i o r k s nth CII'�' ( hi r(ain,- fter referred tc) �-is "I,I'1ti:" ) , `pith(-ut w ecf. r : on said discresp,incy ,brill n,�t be jitl7uste 1 TtV i't�':Tt2:i�:i'tl:? , save on iv at i t s own r i sk ,and oxperis . ShouId there hi, any con f 1 i c1. I)-r)tweerl the term,3 of this Agreencnt an,] the bid or promo: 11 of Cr)!" U%CTnit , then this Agreement s1mll cnnt- rol an.] n_-)thirlc-T ht vin shall he considered .3s an acceptance of the terms of said bi;' or proposal which is iri conflict: herewit.b . 3 . COMPENSATION CITY agrees to pay and CONTPACTOR aelrces to c•ccept as full compensation for the faithful. performance of this Agree- 3 ment , subject to any additions or deductions majle under the provisions of this Agreement or the Contract Dr) -ume,nts , the sum. of FORTY_NINE THOUSAND, THREE-11IINDRRD AND NINETY Dollar: ( t49 , 390 .00 ) as set forth in the Contract. Doeunonts , to he paid as provided for in Sections 1 , 6 , 13 and 14 herein . 4 . COMMENCE14F.NT OF PROJECT CONTRACTOR agrees o commence the PP(70 CT w i thin ten ( 10 ) working days after notice to pro►-ee<1 is and shall diligently prDsecute PROJECT to completion within SIXTY _( 60 ) calendar days from the execution of this AgreernVnt by CITY, exc 1. ud i nd de. toys provided For in Section 1 1 h rein . 5 . TIME OF THE: ESSENCE The parties hereto recnrinize yin,? agree that ti -ro is „ f the In the per formarlce of this Agreemen � and ear-h an every provision of the Contract Documents . CONTF'iiC'I'GF? s1i;: 11 r. repar,! and of-A .-tin n approval as required by the Contract Documents for I1. 1 shop, drawings , details and samples , and (Io all other things necessary anci incidental tc the prosecution of its word: in conformance with the progress schedule set forth in the Contrir-t Documents . CONTRACTOR shall coordinate its wo.k with the wor}. of -ill. Other contractors , subcontract_orn and CITY forces wcrti: : nd on the PROJECT, in a manner that will faci 1 i t.-ite the of f icient comple- tion of the PROjECT and, in accordaric�? with Section 4 herein . CITY shall have complete control of the premises on which the work is to be performed an4 shell have the right to decide the time and order in which the various portions of the work shall. be performed and the priority of the stork of other contractors , subcontractors and CITY forces and , in general , a1. matters concerning the timely and orderly conduct of the work of COUTRACTOR on the premises . ( 4 ) .r• 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therafeom, is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes , furnish materials and perform ill work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that leave not been agreed upon in writing by the DPW . When directed to change the work , CONTRACTOR shall. submit immediately to the DPW a written cost proposal reflecting this effect of the change . Should the DPW not aaree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by thr parties upon cost and pricing data submit- ted by the CONTRACTOR : thereupon , CITY will promptly issue an i.ijusted change c.,.'der to CONTRACTOR an0 the contract price will be adjusted upward or downward accordingly . i . NOTICE TO PROCEED No work , services, material , or equipment shall be performed or furnished under th i f; Agreement unless and until a Notice tc. 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 of the work due to unavailability of the job site, for any reason. , relief to the r_OfITRACTOR shall be limited to a time extensicn equal to the delay due to nuch unavail- ability . 8 . BONDS C011TRACTOR shall , prior to entering upon the perform- ance of trig Agreement , furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of ( 5 ) 0 the contract price to quarantev the CONTRACTOR ' S faithful performance of the work and to warrant such performance for a period of one ( 1 ) year after CITY ' S acceptance th,2reof , and one in the amount of fifty percent ( 50% ) of the contract price to guarantee payment of al ). claims for labor and materials furnished . 1) . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement includinq , but not limited to, any workman- ship, installation , fabrication , m&terial. or structural facili- ties constructed . CONTRACTOR, within ten ( 10 ) days after notice by CITY of any defect in the work , shall hive the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten ( 10 ) dozy perioC:, CITY may then make appropriate repair or replacement at CONTRACTOR ' S risk and expense . 10 . INDEPENnENT CONTRACTOR It is understood and agreed that. the CONTRACTOR is, and shall be , acting at all. times hereunder ,as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure , at its expense , and be responsible for any and .all pay- ment of income tax , social security, state disability insurance compensation, unemployment compensation and other payroll deduc- tions for CnNT1V%CTOR and its officers , agents and employees, and all business licenses , if any, in connection with the PROJECT . 11 . LIQUIDATED DAMAGES/DEI..AYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and require- ments finished or completed within the number of calendar days as set Forth in Section 4 herein, damage will be sustained by CITY; and that it is , and would be , impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; (6 ) it is , therefore, agreed that CONTRACTOR will pay to CITY , as liquidated damages and not as a penalty, the sum of one hundred dollars ( t100 ) per day for each and every working day ' s delay in completing the work in excess of the number of calendar days set forth in Section 4 herein , which sun represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided , and further agrees 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 no,: be assessed damages for any portion of the delay in completion of the work due to unforso2eable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire , floods , epidemics , quarantine restrictions , strikes , unsuitable weather , or delays of subcontractors due to such causes . CONTRACTOR shall , within fifteen ( 15 ) days from the beginning of any such delay ( unless the DPW shall grant a. further period of time prior to the date of final settlement of the Agreement ) , notify the DPW in writing of the r_ause 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 the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the .act , neglect or default of CITY, or should CONTRACTOR be delayed wai _ .ng for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site `.or which CONTRACTOR is not responsible , or by the combined action of the workers, in ( 7 ) nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a Lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of dayn 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 contractors or subcontractors , will be allowel and said exten- sion of time for completion shall be the sole remedy of CONTRACTOR . 12 . DIFFERING 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 job site differing naterially from those indicated in this Agreement or the Co►ltract Documents ! or , ( b) unknown physirai conditi %iis at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for perfcrmance 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 Section; shall be allowed unless the CONTRACTOR has given the notice required hereunder , (a ) provided however , the time prescribed therefor may be extended by CITY . 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT , in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule , the bid Price sha11 prevail subject to the provi- sions of this Section. The DPW may, at its role discretion, when warranted by the facts and circumstances , order an equit- able adjustment , upwards or downwards , in Payment to the CONTRACTOR where the actual quantities used in Construction of the PROJECT are in variation to the quantities listed in the bid schedule . 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 . 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 warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent ( 10% ) will be deducted and retained by CITY and the remainder , less the amount of all. previous payments since commencement of the work, will be paid to CONTRACTOR . When CONTRACTOR has, in the judgment of the DPW, faith- fully executed fifty percent ( 50% ) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made , the ( 9 ) 0 0 CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent: ( 1.00% ) of the value of the work completed since the commencement of Lhe PROJECT , as deter- mined by DPW, less all previous payments and less all previous retained amounts . The final payment , if unei:cumbered , or any part thereof unencumbered , shall be made thirty-five ( 35 ) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law , each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demander! has been performed in accordance with the terms of the Agreement and that the amount stated in tl,,e certif- icate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work . 15 . WITHHELD CONTRACT FUNDS , SUBSTITUTION OF' SECURITIES At the request and expense of CONTRACTOR, ,sha shall retain beneficial ownership and receive interest , if any thereon, CITY shall permit the substitution anti deposit there- with of securities equivalent to the remount of any monies with- held by CITY to ensure pe- formance under Section 13 of this Agreement . .16 . AFFIDAVITS OF SATISFAC'CiON OF CLAIMS ;after the completion of the work contemplated by chic Agreement, CONTRACTOR s'al l file with the DPW its affidavit stating that all workers and persons employed, all firma supply- ing 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 certain items , if any, to be set forth in an affidavit covering disputers claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . ( 1.0) 17 . WAIVER OF 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 of this Aqreement . 18 . I NDE►1N l FI CATI ON , DEFENSE , HOLD HARMLESS CONTRACTOR hereby agrees to protect , defend , indemnify and hold and save harmless CITY, its officers , agents and employees against any and all liability, claims, judgments , costs and demands , howe•ler caused , including those resulting from death or injury to CONTRACTOR ' S employees and damage to property, arising eirectly or indirectly out of- the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR , regardless; of the active o. passive nature of any negligence by CITY , save and except those which arise out of the sole negligence or sole willful miscond!ct of CITY . CONTRACTOR will defen(I any such suits at the sole cosy and expenae of CONTRACTOR when requested by CITY, and any costs of defense or attorney ' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction . 19 . WORKEPS ' COMPENSATION INSURANCE: Pursuant to California Labor Code Section 1861 , CONTRACTOR acknowledges awareness of Section 3701) et seq. of said code , which requires every employer to he insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions, prior to commencing perform- ance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensa- tion Insurance in an amount of not less than One-hundred Thousand Dollars ( $100,000) , at all times incident hereto, in forms and unuerwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall , prior to commencing performance of the work hereunder , furnish to CITY, on a form approved by the ( 11 ) City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty ( 30 ) days prior to any cancellation or modification of said .insurance policy; and CONTRACTOR shall notify CITY at least thirty ( 30) days prior to any cancellation or modification of such policy. Said insurance shall riot derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcon- tractors ' employees . CONTRACTOR shall furnish to CITY a certificate of %aiver of subrogation under the terms of. the Workers ' Compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation . 20 . INSURANCE A. CONTRACTOR shall carry tit all times incident hereto , on all operations to be performed hereunder , bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work , contractual obliga- tions , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY, its officers , agents and employees and all public agencies as determined by the CITY as Add: tional Insureds . CONTRACTOR shall subscribe foi and maintain said insurance policies in full force and effect during the life of this Agreement , in an amount of not les:3 than One-Million Dollars ( t1 , 000, 0000 ) combined single limit coverage . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. B. CONTRACTOR shall acquire an errors and omissions insurance policy covering all work performed by it hereunder . Said policy shall provide coverage for CONTRACTORS errors and omissions in an amount of not less than 00.0, 000 . ( 12) C . Deforc CONTRACTOR performs any work at , or prepares or delivers materials to the site of construction , CONTRACTOR shall furnish to CITY certificates of insurance :subject to approval of the City Attorney evidencing the fore- going insurance coverages ; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled Without thirty ( 30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the wort; under this Agreement is fully completed and accepted by CI'PY . The requirement for carrying the foregoing insurance shall not derogate from the provisions for in,iemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all time- have the right to demand the original or a copy of all. said policies of insurance . COIrrRACTOR shall pay, in a prompt and timely manner , the premiums on all insurance hereinabove required . 21 . DEFAULT AMD TERMINATIO`: If' CONTRACTOR fails or refuses to prosecute the work hereunder with diligence , or fails to complete the work within the time specified, or is adjudged a bankrupt or snakes an assignment for the benefit of creditors or becomes insolvent . or violates any provision of this Agreement- or the Contract Dor.u - uents , CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten ( 10) days after such Notice of Intention has been served on COIJTRACTJR, CITY may, without prejudice to any ot-her remedy it may have, terminate this Agreement upon the expiration of that time . Upon such default by CONTRACTOR, Cl . . may elect not to terminate this Agreement ; in such event CITY may make good the deficiency in which the default consists and deduct the result- ing costs from the progress payments then or to become due to CONTRACTOR. ( 13 ) 22 . DISPOSITION OF PLXNS , ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement , all original plans , specifications, drawings , reports , calculations , maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further. cost . 23 . ►40N-ASSIGNABILI,ry CONTRACTOR shall not sell , assign , transfer , convey or encumber this Agreement , or any part hereof , or any right or duty created herein , without the prior written consent of CITY and the surety. 24 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et sA: . 25 . ATTORNEY ' S FEES I £ any action of law or in equity becomes necessary to enforce or interpret the termn of this Agreement , the prevailing party shall be entitled to reasonable attorney' s fees , costs , and necessary disbursements in ?ddition to any other relief to which that party may be entitled . If. any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold whi ^h names CITY as a party to said action or by reason of which CITY incurs expenses , CITY nhall be entitled to reasonable administrative and attorney ' s fees , costs and necessary disbursements arising out of the processing of s id Stop Notices , Notices to Withhold , or any simil►lr legal document neceassary to t!ie prosecution of such action . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may •. harge an admin- ( 14 ) istr:ztivE, fee of Once-hundred Do1. 1ars, ( N100 ) for every Strip Not ice- fi I jd in excess cif two, recjardIess of whether or not CITY is mimed to an fiction . CITY rivy set: off any unreimbursed cost or expense so incurred agairist. auy sum or sums owed by CITY to CO.ITRACTOR under this Agreement . 26 . NOTICFS A11 nctizes required or permitter! liereunder sha? al- be clel ivered in pErson or by registered or certified mail to an -tuthor i z, ii representative of tl.(, party to whom delivery is to be -6 icle , at the place of business of such party , or to :any other 1)1ace d ign,it c c_1 in wr i tinq by p;Irty . ( n I::S i n'I' 1 J S!:I? ) I 2 7 . CAPT I ON S Capt ►ons of the Sections of this Agreement are for convenience and reference only , and the words contained therein shal ). in no way be ltel.rd to explain , modify, amplify or aid in the interpretation , construction or meaning of the provisions of this Agreement . 28 . Et SIT I RLTY The foregoing represents the entire Agreement between the parties . I'J wrrNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year firAt above written . CO`3TIUNCTOR: RUBBERIZED CITY OF imrrr I NGTON nEACII , CRACKFILLER SEALANT A municipal corporation of the a California corporati �)r; State of. California 1 Greg Wo.I . Presi dent Miyor ',TTEST : APPROVED AS TO FORM: iC i ty CIe_rk Cy 1ltt r ey RE?VIE AND APPROVEn: INITIATED AND APPROVED: C._ tf lnlr7 3tOr . D rector of Public Works 1063L ( 16 ) 1 � 610 PROPOSAL. FROAA CF.ACKFILI.E.1Z S1:A1 AN-1 , INC To the Hononbls AAayor and City Council, City of Huntirgtoa Bnch, California: Its aspils P with the routs ip'Y dog esalad propossle fttr d w -i<i,;_:; '"'AI.I:: 0 E' 'I A R I(Y J ME:F:Z'`; ,.vin HII;EI�AY AND R::ri TF I Ati1' R::VT1: :+ I :"IiF, C1T", 04' 1f"" TI'n,ih!l 5EA II C'.:L1 I !'' ':Ii,. MSC—244 1 haraby propose and agree to otter into a contract to perform the worts herein desaibad and to fonrish the matev'j% d wrlo(i aeoortiing to the pans, specifkotiom and special pronelions for the aid work and to tk tatialaoction of and 6ndw the eaparvision of the Direetar of PrL,lie Works of mW City of Hunt iron Brack California. The urldsr*nod flay not aces?tad any bid from any subcontrector ar materislawn throuo any bid depository, the by-iews, ruko at ropfiWores of r 6kh prohibit or pmverst the eoatractor from caa@Wwiq any bid from arty subcontrsctot a; naatsrktaia a which is not proossaad throw aW bW depository, or which pr~ any subaootr mr or rr+atmialrna horn biddkq to say eo*t> zm- wfio doss not sus the fe6lities of or accept bids from or throe*r :amb bid depositor., Forthefurnishigaf all wtbw.mistarials and aquipmertt,and or all incidental work necessary to delis all the improyemeat3 cornplats in place in -'.I'%Tt wrifocruity with the pions, spoafiretions and specsel provisions, on fibs in Me office ut the 00sow of Public Wwt3. City of Nontingt o Baron, California, I propose sod aprao to take fell payment therefore at the folfewbq rash prim, to wit: ITEM A"ROXIMATE T ;M WIIII UNIT PRICE UNIT NO OUANTITY :YRI rT EP! IN IK'OR!)$ PRICE , I I I i I` f f It cs understood and agrwd that the approximate quantities shuwn in the foragoin3 propoal schedule ere solely for the purpose of factlitahng the comperiwn of binds irx+ that the contractor's cornpoisation will be computod upon the hasis of this actual quantities a the compieW work, whether they be more or less than those shown herein at the unit prices bid in the propaeel schedule. The unders4rod understands the contract time limit allotted for the contract is 60 C31 end3 r day:• If avArded the corrUW, the undw*ned hereby agree to sign staid contract and furnish tM rheassary bond:within tors (10) days of the award of said contra-t, and to begin work within ton (10) days from the date of appro-41 of the con- tact by tine City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The wbmiWon of a bid siull be conclusive evidence that the bidder kits imn~tigated ant~is ondi id n to the condhiorss to be encountered, as to the character, quality, and scope of work to be perforrned, the qvo rdtios of noetnials to bit furnalu d, and as to the requirements of the propraal, pans, specification,and the aontrsct. Accompanying this proposal is r-1-JI (S!_`r 9 39`00 ) NOTICE: Imm the ►cords "Cash." "Cortified Chev'�c," or "Bidder's Bond," es the case may bo, in an ommnt equal to at Wit 10 percent of the total bid price, payable to the City of Huntington Bosch. The undersigned depnsiti the above nand security as a proposal puarenty and agreex that it ::shall be forfeited to the City of HuntiaMn Basch n liquidated dame►ges in cute this proposal is eavptad by the City and the undersigned dull fail toexeartoacorrtnKt for doing aid work and to furnish good and wfficient bonds in the form set forth in tin specificrtions and contract docvnerm of the City,with surety so dsfoctory to the City within 10 dayt after the biddw has ncsivved wtittnn ratke of the nord of the contract; othowiss said saewrity shall be returned to the undersignW. liaised in ac wdarwa with an act providing for the regiatntion of t:otstrsct License No. 3'9602 t�'1 ti...r i .1 ('f LL t. _ i � 1 ,, l',•=11:i..( _ ail.��� .� SlVr.a►xs al Bkl�r 1•; . 1, j ''i�I 1� �. r Bucineeo Address i' •�1. 1suti l �lr,;; r1, (.r,.'c', 'n f;r ' : +':s �+`� Pbca of Residence H301 1i tncIl' 1 1)r• Dstvd this _day of �,,y.i, +,,.,• 19_;;.r� Bidder shall s4nify receipt of all Add:nda haa, if any: Addendum No. Data Rmivw Bidder's Signature P- 3 INFORM.AUON REQUIRED Oi att)DERb The bidder is required to supply the follo•,viny information. Andivonal shtwp may be attachtrd if neoestatry. 1. Firm Nam a: Rubber i s t•el Cr;,c1•:f I 1 h,r _Sc a 1 ring I n( 2. Address: _ P.O. Box 1660 A,. Gardenn Grove, t;_; 9204(1 714/S3U-c��)�fs 3. Telephone 4. Type of firm — individual, fmrtnershlp• or corpirat,uls 4 ' 1 ►_i.L_ r� ]`.___ _ __,__.r_.,�� 5. Corporation oruanized undor the laws of the St:,te of C;s 1 I f urtt i;i B. Corarsetor's Lee•anser Nurnbnr. 359 W' Classification of Goniratnor't l-rcerile B I 7. Uit the nantos and widresaas of all menct,urs of the firm u, namys and title% of all uttrcf,(i of the eorporatro•i Grev ;:;ild , 18911 heir-•t rc•t•_C.n ,� Drat:;,' Cit - 9206'! R. E. M*Aite.•r, 6301 [Lintli.1 Ur. , [Itionis 11ark, C;i 90621 3. Number of years experience as It contrerAW in construction .vr!i 9. List at 1et.i six protects wniplet,xl at c,t rt•c!,n1 tl,rtr I anit I (Ct,tts of wori I (Date Cc)mpletrdl (N,!;n • and address sr! Owned 31,500.Olt) t:r;sckI i. I l 1O-1- `; , r►r,st (,it Co it =r rut•t I it i a It'2-73_ 19'�:_ _.— I S00.00 1 t►- 1 `,-;i' 't i , , i on St"I1. 1 n. t:U lt)-.'.')- `� Gr if,- J tJt t'c! t, tur t ,�liu+ n:l I';trE:) il�.J i`e9- it I' rot .-rc ti r, fi l:tit' (E.I. 'ruro M it l ric b.ttie) 63`)-9070 111 prt)l.I"t•!i•; % 14 fl jO-•9O7O t pelt " in I)ror•,rt s�. " " ( f4 r CIt : oI' Ituk,rla f':irk) 714/F.30-9O70 10. Litt the name of the pelrst:n who rnsixcted tier site of -t c propou-d ward, 1Lr your firm R. E. Mcritcr Date of In"ctron 10—29-85 11, ff requested by the Gty, the brddar shah iurmth a not+rrttKI tomnLtel ttatemc.nt, financial tMt3, or other information and references sufficitntty comprthenslue to wroit in appraisal of his :unant financial candibom ?.A .f'--4 i)E:Slut�l i�;:N OF Silfi�0,ti'fhKC i nfl:� In eomphanco with tart "Suhiettin.i an,: feu 'r,.ct ;. Act" owng `actions 4100.4113 of the Government Code of the Stara of California, ana on : amendrnents Ilia, Hach :,jitd-!i iliall suet forth below the name and location of the place of buvriam of arch subcontrr;tor who will perfu(,n rrurk cuf ,anor or tender service to the prime con- tractor in or about the construction of the work er improvtntent m an smourtt to IXLUU of orn416lf j%) of one perrant i1%i of Me prime eantramif's total bid,and shall further sat forth the portion of tha work Mich will be done by each subcon ttrtot. Only one subcontractor for each portion shall ba littuJ If the contractor furls to specify a wbcontractur Iva any pnrtiurn ui -na work to br performed under the contract, fie stall be deemed to have ogrima to perform such portion himself, :rid Ito shall not be permitted to subcontract that portion of the work except under the conditions hereinalut set forth Subletting of subcontracting of any purtiun i.1 the vror. a which ao subcont.racto; ►rods dirsigneted in the origin&: bid shall cnfy be permitted in use; of public efr,Pigency of nec:Miry, and their only after a finding reduced to writing ss d public record of the ley;sitive Body of the uv cir.f. PORTION STATE IACMI OF WORK SUh4::)NTHACT0F'S rlAMr ANG -%DD4E:-3 NUMBER a� , By submission of this proposal, ►hp cootractjf ;,�y Aies 1. That he is able to and ►vilt pertnrrn the ha,la,tc�e rt :;t v,*t1fk Mnoct- is cove,ro i'i th,- above wbcuntrar•or listing. 2. That the City will Ni furnis:itr, _opie, of Al sub-cantr,cts tuntared into and bands furnished by sub-contractor for this project. i' S REQU FOR CITY COUNA ACTION Date _ _November 5 , 1985 Gu�tyGlL Submitted to: Mayor and City Council Submitted by: Charles Thompson , C i t:y Administrator f Prepared by: Paul E. Cook , Director of Public Works Subject: 'rhe Crack Sealing of Various Streets and lli w o and Route 39 in the City of Huntington Beach , Ca if MSC-244 Consistent with Council Policy? r�J Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinrt Source, Alternative Actions, Attachments: L�r STATEMEt:T OF 1 SUE : Results of bids obtained for the Crack Sealing of Various Streets and Highways , Route 1 and Route 39 in the City of Huntington Beach . RECOMMENDATION: Accept the bids and award the contracL to Rubberised Crackfiller Sealant , Inc . for their low bid of $49 , 390 . 00 . AtiALYSIS: There were: three bids receiv.!,i 1 .:r the :subject project . Proposals are listed below . 1 . Rubberized Crackfiller Sealant , inc . $49 , 390 . 00 2 . Davcor , Inc . $ 58 , 765 . 00 3 . Copp Contracting 59i ' 650 . 00 The original estimate far the work wa.,.; $ 60 , 000 . 00 , therefore , the bids are considered to be satisfactory 1nd LhL aw,-srd is recommended . FUNDING SOURCE : Gas Tax Funds , which have previously been designated for maintenance , will be used for the work . The Department of Transportation is to reimburse the C.' ty upon completion of the work on Route 1 and Route 39 . P10 4434 SHEET-OF-SHEETS v CITYOFHUNTINGTONBEACH,CALIF. BID SUMMARY SHEET FOR: Crack Sealinc of Various Streets DEPARTMENT OF PUBLIC WORKS and Highways in the City of. Huntington Beach , California ( MSC-24ti ) BIDS OPENED November 5 1985 ENGINEERS ESTIMATE S60 , 000.00 CC NO MSC-244 A H F P Na ►K\11\I;:I t► 1I RCN BIDDERS Rubberizod Crack- Daycor , Inc . Copp Ccntracting filler Sealant , r Inc . Na ITEMS OF WORK OUANTITY UNIT PAICZ AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Crack Sealin4 various Streets 89 , 000 L . F . 36 , 490 . 00 .485 43 , 165 . 00 0_75 66 , 750 . U4 2 Crack Sealing RT . 1 and RT . s 9 30 , 000 L . F . u.-;.1 12 , 900 . 00 1 u.52 15 , 600 .00 0.63 24 , 900_00 r i -- J f t [TOTALS $49 , 390. 00 $58 , 765 .0 591 , 650 . 00 DATE :— November 5, 1985 ENGINEER' S ESTIMATE :. $60,0 JOB AND CC NUMBER:_ Ltg.(-244 - (t,;%ci. Soili m . Route 01 and Route 439 BIDDERS NAME TOTAL BID AMOUNT r I 1. Daycor, Incormrated 2. Copp Contracting,ng, Incorporated 9 � 1% ill! Superior Court u► tilt. STATE (IF('AI.II'()RNl,% Iit aril.! I-tr tilt•t'tnrtttl td Ilrnnt CITY OF HUNTINGTON BEACH rtltO(►Ff1FItltfll.!('t�7'rllti CITY CLERK SEALED BIDS MSC-2.44 l rroricti 1rr>Tnva s�•u��iK `—'. Iri.l.t7 as Antty Rahn Om the City Coma Ill 1/tlr('at r/((eeattattum Na.A. 1'al,lt"w ad Ntlme raLd W.Lw( 'eaftem iv f llgv.sra.V4 loloarr I awe th"r r a Our Cot d f4whtngttts NCWA G`*W"w State . ('ah(,,rmA I t rnrdartn milt Iltr Platt hard t{+t+Fratart►aa)aPtertt!Ppwalwar a�(Jt M the1'hyint) t,(1 ir,vt,r h" i Jt:n d tlr IAn ome.t[Kittle Nteta. 11AW0.ta ta.q Ir hnatWir.e 1)ki.tlrt let.. 1't�S A t(►nlr•�f.1 to a„t trfutodattlr,rrtl!M w.�led!••.tot!trt ad yetrfrawM DARLENE He MALONE tak►��n>ftl[1t�r[aeucM[N[A.it:�11MA? ! xat waa 1('earl tie41.►r 1 ans iKttwta aw!Hitibsan MH.I>w L That I atn and nt xll liral. h,rtvr nu rr r rt1 w t- .h t Crael-r.Jetf k.,tttrta►td1(arru39 Iht l ntteK! �talr•. , trt tilt a.t ,uf tw.nt� to !tootI 4 1 Its It i Itttomrtl.twtattfttbj�'•�+.�d�stestf-MdtlrIAWA'Aeokt the Maw of (dd'rus, thrmve d the rAJtarltteret d immArtal lta[ataw AON"rmhow 04 Atli ttr,l it 1t atv 1.- n:,r 'tit ert.ttt! In I I- .ti•r,r• !matt t rttalr, r fel"tr+."livtwrdamAaerpl.:awselM..HWIr.lrettrrr"aIlwWithout that I ara r �tF4sim 1h. Nrtti.0 file 24 tion, r+�frtwlr+lt[.Lkaaa� lilt Irtn,ip d Irr .•I the I-rtnof 1 fill Httrtdlhrtl+ vsbl4rMtv /III*Cdtd 1 tug 104.,.nr.,t.a..t.j.twraa arttle Pn ..l Item WA to 11A&.t4 K diet.Ifrt.l ter l R wtw d hllw%aA►,1'N)list 11..t""U,►r 1a('ahGewu H U NT I N G T Q N BEACH I N D . do REV . No Aal •al y rarttood atatriwa a a oak as a ltevA Iwo ttr+mmrW In tf.•- 1►,rt1.a ttl INMw Wake TAoo W a1lraLLtow d booklm t►.allrt!to low . w.lt;tltrr „f gr•n-•rid, Ir.tool rt, , , f,,tl,,:.t,r r! ill r!:• t ' t ! �"oo" r.aw.arttt► tr1 itnl &a tM.patJaetrrw kr lei[duvttrw►ho to tk ,,ti Il•+ -604r.e N.w+trr ar apse.wm*W tel9. Iwttd rtte hats 1466 ttw lit"Huntington Be a e h nqm� .4 t„t.. and tAr Ca. al Htaat.ntrlto 11t.e• oa ttiort" Iry tnpcowmoo, sew "61 r a"aorattt d total WA(trm4mmal th"Wernle tad ('ratnt\ t ( (►rant! .vn1 N►,a. !t ,itw.,ttl .r r a!'it•ht,f !• r tt;r n,t+rrt)rtfitttaeat,•wtr"ONION ilvwa.MP(6%tdr.;•PtArvtdtfw di.tminnh��n ,,f I�•:tl nt•+- .trn1 +,a1...ra+tilt!'thy, BOND NO. 9003909 PREMIUM INCLUDED III PERFORM 14CE BOND PUBLIC WORKS • LABOR & MATERIAL BOND KNOW ALL MEN B1' TFIFSE PRESENTS, That w'e, RUBBER I ZEU CRAr;KFr I,I.Eg •q ',NT, r�, ai Principal, and FAR %VFI;T iNSURA,NCF COMPAY1' , a Corporation organized and existing under the laws of the State of Califor. nia, and authorted to transact a general surety bucine%% in the State of California, as Surety, arc held and firmly bound unto: CITY OF HUNTINGTON BFACIi _ as Obligee, in the sum of Twenty-Fot>r Thuusand,Six tiu�r dry nc ;F1Y�1ta11�-trfi a.13d HOLM** DOLLARS (S 24,49 5.00*** ), lawful money of the United Stater, of America, for the payment µ hereof, well and truly to be made. we hereby bind ourselves, our heirs, executors, administrators, jointly and scccrally, firmly by these presents THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS. the above bounden Principal has been awarded and ha:, entered into a contract dated November 18, 1985 _ %ith the Obligee to do and perform the folloN•ing, to wit: CRACK SEALING VARIOUS STREETS AND HIGHWAYS CRACK SEALING ROUTE 1 AND ROUTE 39 It: THE CITY OF IIUNTING'ro?i BFACIi, CAI.IFORNIA NOW, THEREFORE, if the above-bounden Principal or his sunckintractors fail to pay any of the persons named in Section 3181 of the CMI Code of the State of California. or amounts due under the Unemployment insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the came, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee. to be fixed by the court. This bond shall inure to the benefit of any and all persons, connp2nici or corporations entitled to file claims under Section 3181 of the Civil Code of the State cif California sty as to givc a right cif action to them or their assigns in any suit brought upon this bond. SiGNFU, SEALED AND DATED this 1801 day of._ _ ,mbcr 19 85 RUBBERIZED CRACKFI LLER SEALANT, INC._ w1' Principal ` .x C:egory W 1)►i, resident AR W S COMPANY � • . � Jd6eph ff. I'dinar4si , attompY•;n Fact REQUE* FOR CITY COUNCIPACTION Date September 9, 1985 Submitted to: Mayov and City Council GpV�GtL Submitted by: Charles Thompson► City AdministratcrC." '; G � �1 %9 Prepared by: Paul E. Cook, Director of Public Workss�• Subject: The Crack Sealing of various arterial st and hi Route l and Route 39 in the City of Huntington Be ch. 4 Consistent with Council Policy? [ A Yes E ) New Policy ol• Exce • Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Specifications and Notice Inviting Sealed Bids have been prepared for the crack Sealing of various arterial streets and highways, in pursuance of maintenance programs. RECOMMENDATION: Approve the Specifications and authorize the City Clerk to advertise for bids. ANALYSIS: The Departrivnt of Public Works maintains a street condition inventory with notations of various types of maintenance neeei, one of which is Crack Sealing utilized to extend the life of the asphalt pavement. Aging, traffic usage, and weather cause cracking Which permit water penetration and deterioration of structural values. Crack Sealing will prevent Water penetration and further deterioration of structural values. The streets selected for the project are those used by the r.nst traffic and have severe cracking. FUNDING SOURCE: Gass Tax Funds, which have previously been designated for rreintenance, will be used for the Work which is estimated at S60,09). Department of Transporation to reimburse the City upon completion of work on Poute 1. and Route 3g. PIO 4/84 ' CRACK SEALING :,.0 FADDEN - GRAHAM TO .SPRINGDALE • Mll: FADDEN - GRAHAM TO CHEMICAL • GOTHARD - EDINGER TO MC FADDEN GOTHARD - EDINGE:R TO FLOOD CONTROL CHANNEL BOLSA CHICA - EDINGER TO RANCHO SPRINGDALE - WARNER TO HEIL HEIL - GRAHAM TO SPRINGDALE HEIL - SPRINGDALE TO BRADBURY • S;.ATER - GRAHA!•1 TO SPRINGDALE ' YORKM;N - BUSHARD TO BROOKHURST ADAMS - Iv EWL AND TO MAGI�L I A ADAMS - MAGNOLIA TO BUSHARD , NEWLAND - YORKW-114 TO GARFIELD BANNI,,)G - MAGNOLIA TO BUSHARD WARNER - BEACK TO NEWLAND • WARNER - NLVL'kii:� TO MAGNOLIA ROUTE 1 SA►NTA ANA RIVER TO SEAL BEACH CITY LIMIT'S RCS 39 RO(YrE 1 TO WESTMI►;STER CITY LIMITS f i l • I ` w r .e lSA M IL ' \0AV IE t Ap00S CIS I 1UNTINGTON LEACH c c. AVE n EOING q A CENTER DRIVE u •ME.I. AV w •�; . m v•Ap `^I AVE ..., XL ........ ul W) ��F o �01. TALBERT AVE f `' //^ ` S AVE N C�% • �� �_ELLI GARFILED. Avr 3top Li 1 in ' �AdAY�?• 1►Vf 1 1 r +'� u -4 '— a � •NTA C AVE ti .. _.. lLoN_!„tea r �+ BANNING AVE \ . ICV.KG F. LIN G OF k17\ll0US' T - LT S ��Q q 1 GI t� �tJ�,�S �D G�0 u E. 1 , , STATE E`f CA',t NiA—BUSINESS AN[) TRAStATION AGTNCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPOR TATION DISINICT r, F,0. BOX 7304. IOS ANGEIES PWS1 July 31, 1985 Mr. Don Kiser Division Engineer City of Huntington beach 2000 Main Street Huntington beach, Ca. 92648 Dear Mr. Kiser: In our recent meeting, we agreed that crackseali.ng work on State Route I ana 39, in the City of Huntington beach, was needed and would be beneficial for the longevity of the roadway. Please include the cracksealing topair work en these State routes along with your City's project. Please sutxnit a copy of the bid to out: office for review prior to acceptance of the contract. If you have any questions, please contact Jim Ishiki at (213) 620-3818. Sincerely, L. KNOX Senior Maintenance Engineer. w AWVEST' SURETY INSURANCE 4500 Woodland Hills, CA 91365 N 86�4 8 (8�18) 704-1111 POWER OF ATTORNEY KNOWALLMENEIYTHE5EPRESENTS, That E8TSURExTVINBURANC.EC OMPANY,A CALIFORNIA CORPORATION does hereby make, constitute and appoint ` i,RTIL•►lT A$oN-JANIC[DNU[=-DYANNEA.FAN KNAUSEh-SHIPLEY►AIVA-CHERYLM. 6U11NANN--JOMN E. MVADE-SCOTT D. ANS"LILTE-YAII0111 WILWN-CATHERINE THOM►SON-KMHKLLE F. WO[fil{N[N-DONNA J R00[RIt-PAMELA SCOTT-O.J.tLANDEN-JOSEPH M.PANA111111-KNIST[N QUERY-MANCIA 0. aMITH--MARILYN K.CANLHLE-DON WELTY- KAY E.aETTIN-LOIi J.SANDINti-NEatCCA A"KS--►AMEU ANNE N[RMANtt[N Its true and lawful Attorney(%I-in.Fact. jith full power and authority for and on behalf of the company as surety, to eaect:t0*. and deliver and alli,i the seal of the company Ihelelo it teal is tequired, bonds, undertakings, recognitances or other written obligations in the nature thereol,'af enllo%vs �.or,�', CONTRACT,LICENSE;PERMIT, CO R'Ta MISCELLANEOUS BONDS TO $400,000:00 and to hind AMWEST SURETY INSURANCE COMPANY lherehy,and all of the acts of said Attorneys-in-Fact, pursuant tD these presents, are hereby ratified and confirmed.. This appointment is made under and by authority of the following Provo. %ions of the By-Laws of the corgpany.which are,now In full force and of lest; Article III, Section 7 at the By.Laws o AMWEST SURETY INSURANCE COMPANY, Y; This Power of Attorney is signed and sealed by fa6mule cinder and by the authority of the following resolutions•adop- led by the board of directort of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED Chet the president'or any vice-presldent; In conjunctrnn with the iecretiry or any assistant secre• Lary.may appoint atioineys'-in tact or agents with authority as defined or limited in the instrument evildeneing the appointment in each case. for and on behalf of-the company to execute and deliver and affix the seal of the com- pany to bonds, undertakings, recognizances,and suretyship obligations of all kinds, and said officers may remove any such attorney•in-tact or agent and revoke any power of attorney previously granted In such person. 4 ,f., I,ESOLVED'FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be vstid and handing`upon the company `(i) when signed by the president or any vice-president and attested and sealed fit a seal be requiredl by any secretary orassistant secretary;or It 10 when signed by the president or any vice-president or secretary or assistant secretary,and countersigned acid sealed (if a seal'be required) by a duty authorized alto►ney-in-fact or agent;or (iii) when duly executed and sealed fit a sea; be required) by one or more atiorneys•in•fact or agents pur- •suant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. affixedsRESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be by mile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect a% though manually allied .i N: IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affived this 8th day of June Ig 84 ,,.��..:;,•, AMWEST SURETY INSURANCE COMPANY rr , • i�u�i�.ti STATE OF CALIFORNIA. COUNTY OF LOS ANGELES - sc On this6ih day of June A p 19 84 personaiiv came before mt Richard H. Savage and Catherine 'Thompson tome known to he the individual: and officers of AMWEST SURETY INSURANCE: COM• PANY.CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and sal- that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation• and that said corporate seal and their 69natures as such officers were duly affixed and subscribed to the slid in%t►urnent by the authority of the board of directors of said corporation. OFFICIAL SEk • PAMELA J. SCOTT �A NOTARY PUBLIC CAurOR•:►A (SEAL) PRINCIPAL OFFICE IN LOS ANGELES COUNTY Noltr�r p�bl.t My Commission Eivires Apr 28. 19V STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - %% CERTIFICATE 1, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY . a California corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermote, that the provisions of the By-Laws of the company and the Resolutions of the board of directors tel forth in Abe Power of Attorney, are new in force. Signed and sealed at Westminster, CA this 18th day of December 19 85 •,���^••�Sri' S�crsi:rr % E� r t I u ff r ton ap•+ ,� �i'v1i 't' �C P.O goo 7830 +��• SocroRle+llo,CA 936 1? isr �. at 8�,a tr ► � (9 b)uz 70?0 crcta *;x STATEMENT BY OOMEST IC STORCK CORPORATION (THIS STATEMENT MUST At FIIED WITH CAUFORNIA SECRETARY Of STATE(SEC. 1 X7.COP"ATIONS CODE) A SS FILING FEE MUST ACCOMPANY THIS STATEMENT. WHEN COMPLETING FORM, PLEASE USE BLACK TYPEWRITER RIBBON OR BLACK INK IMPORTANT Please Read Instructions On Back OI Form, 1. DUE DATE 9-21-85 RUBBERIZED CRACKFILLER SEALANT, INC. 00 NOT AMP rpCp111Nrev NAM[. Ir rTEIA NO 1 IS OLANK. ►LCASC CNT[p COApORAT[ NAAA[ DO NOT WRITE IN THIS SPACE tIAARAbI1r�rA1rAA1wR THE CALIFORNIA CORPORATION NAkIED HEREIN, MAKES THE FOLLOWING STATEMENT 2. !TA[R A00493%Or PRINCIPAL cAfcurtvr c►nCG ROOM Nc 2A. CIT• A srAr[ 2E3. r1• Co^r 9810 Bolsa Avenue I Westminister , CA 92683 3, UTwCCT ADDgr§S Or PRINCIPAL PUS'NC1%S OrF/CC IN CALIIOUN1A ROOM NO 3A. c17t 3E3. vo, C(>r r IIr ANTI CA 1 4. IMAILIML ADDII[SS ~` ROO1�I NO 4A, cav A sTAT[ r� P.O. Box 1660A Garden Grove , CA 192640 THE DAMES OF THE FOLLOWING OFFICERS ARE: I 5. OMI[F (1ECUMIE OrrlcEll 5A. nustr/css w wcslocNCc ADDw[SS 513. cm p srArc 15C. 21P cn:c GREGORY G. WAHL 9810 Bolsa Avenue Westminister , CA I92683 6. secpeTANT GA. eusmess ow 1lcsloE14cc AaDRrss 6E3. cm • srArc 6C. rip cocc GREGORY `G. WAHL 9810 Bolsa Avenue Westminister ,_CA 192683 7. CMEI /INANCIAL OA/10ER 7A. pUSIN[sS On wcalOfNCc AtDOwcss 78. cm p sr.rc 17C. r P co- GREGORYc - ..G. WAHL 9810 Bolsa Avenue Westminister, CA `; 92683 INCUl IDENT DIRECTORS, INCLUDING DIRECTORS V.HO ARE ALSO OFFICERS (Attach supplemental list It ncc,�ssary) I 6. NAME ETA, pvalNess on "moeNee AuD,css 8E3. cm w srvrc ETC. III, Com- GREGORY G . WAHL ( 9810 Bolsa Avenue Westminister , _ CA 92683 9. NAAA[ 9A• It./{-NCsS vol w[s'O[Nc[ Ab^l1CSt 9©. c'ri A S•AT[ I 1 10. NAAA[ 1E7A. CA •r-ni-4-t sit-r - I100 rnt n -!IAre 10C 1 I 11 . THE NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANYl-----none DESIGI.-ATED AGENT FOR SEnviCE GF PROCESS (Only one agcnt may tie named) I >• morp 1 me-0.6s=�uA/.Mr•RIM MAHAA I,�.r w,�,f....M 1f•/�J� 12. NAME GREGORY g. WAHL 13. CAUPOINI IA IIt-3IN[ss Oft Ntq.*f NCt AbMY.pS OF AnrNT Is AN I4:11VIDUAL IM NOT tlSr •O pLUlt Do NO I1iCLvr1F AODdff IF .CUNT IS A CUMPOWAT'Cl% 9810 Bolsa Avenue Westminister CA 92683 w.alwr-�•�. •.wwraw c rr ► 1` 14, Gtscaint r9pit Or nv%,N[ss no, vmr Cow/•owAr!n1I, 1 Construction I 15. 1 accLAofr T►IAr 1 NAVE ETAVINCD TMy STATL•IACM AND TO TMf. n[ST OF IJT uNONLIor•[ ANO p[Uf.A IT IS 1101Vr. C7aRrCT AND COVOILVE GREGORY G. WAHL TT►[ Ole PRINT NANI[ OP AKININO OPrICrN Ow AGVNf 1NIKIATIIpC DAT[ 16 t p[CIwA4[ TlI[w[ HA! Preto NO CNANG[ #04 Tw[ ;%fO14WATK:`I CONTAIN/n IN t►II 1AS! STAT►AA[NI OP TNC CON"ATIOW 1VMICH I$ 1-, r1IL 'N •►.f S,,Cc,AA•• Or STAT7s 06/1Cc tS AST ••'_• Q•1 I64I7111Lr1LI"a READ INSIMUCtIONS BEFORE COMPLETING TIIIS ITEM( ICNtCII MRRftI /Tre OK P11UNT NANc at aIRNwO OrrICfA " AORIIT II IUnt of the Corporation was next considered . The Secretary present- ed to the meeting the form of By-Laws which was duly adopted by the Incorporator. Upon motion duly made and carried , the following resolutions were adopted : WHEREAS, there has been presented to this meeting a form of By-Laws for the regulation of the affairs of this cor- poration; and WHEREAS, it is deemed to be to the best interest of this corporation and its shareholders that said By-Laws be adopted by this Board of Directors as and fcr the By-Laws of this corporation . NOW, THEREFORE, BE IT RESOLVED, that the By-Laws presented to this meeting and discussed hereat be and the same hereby are adopted as and for the By-Laws of this corporation ; and RESOLVED FURTHER, that the Secretary or Assistant Secretary of, this corporation be and hereby is authorized and directed to execute a Certificate of the Adoption of said By-Laws and to insert said By- Laws as so certified in the Minute Book of this corporation and to see that a copy of said By-Laws , similarly certi- fied , is kept at the principal office for the transaction of business of this corporation . ELECTON OF OFFICERS The meeting then proceeded to the election of officers . The following were duly elected to the offices indicated after the names of each : GREGORY G. WAHL President and Chief Financial Officer GREGORY G. WAHL Secretary and Vice President -2- It ETURN TO:'� CERTIFICATE OF INSURANCE Approwdasto Form; l'aly of lluntinPton Beach TO Gall Hutton,City ttom�y (iu. & 11r I. Office rS. CITY OF HUNTINGTON BEACH, CALIFORNIA 11. 11. II4lx 190 Iluntingt(m lirach, CA 92W A MUNICIPAL CORPORATION y p° ns , -. �> . ,.,«?M, . ,. eve been isisied to the insu'rid by'the undelsign*d"end are in force at this time. It thew policies arc cancelled or c .. ;, t the v licies of insurance,a: dasc�ribed below h �, ,� ;�, '^a ,,. ... �, ,_,:, , ;�„,� ,,;, .�.P� y - � y 'unit . �,, * e com n agrees tha h s s to cast � �� in such ■ manner tMt will affect this certificate thi irauranc to gi�re 10 days prior;written notice, by mail, to City of Hington Beech,:P. 0.Box 711,Huntitrgton,8ssech,Californis 92"S. ALL ITEMSf MUST_ BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AN0'DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Nemeof Insured RUBBERIZED CRACKFILLER SEAI,'ANT, INC. Address of Insured P. O . BOX 1660 A, GARDEN GROVE, CA. , 9264o Location of Work or Operations to be performed Description of Work or Operations 041 Lai` LIMITS OF LIABILITY NAME (WICOMPANY POLICIES IN FORCE POLICY NO. Elfsetl" Expi►"lon In Thousends (000) GENERAL LIABILITY 1489 09 1 11 24 5 11 24 500 ,000 TRUCK INSURANCE COMPREHENSIVE FORM 86 EXCHANGE s CSL I 1 PREMISES— OPERATIONS Each Occursna . 1 ) EXPLOSION AND COLLAPSE HAZARD 11 UNDERGROUND HAZARD 11 PRODUCTS COMPLETED OPERATIONS HAZARD 11 CONTRACTUAL INSURANCE Asl BROAD FORM Ot7Af.COTV n .+ram I L"'A V� RF.TUK.^ TO* CERTIFICATE OF INSURANCE ApprowdatoForm: 01y of IluntinFton Beach TO Gall Hmon.city ttornay Ins.A Rrn. orru-c CITY OF HUNTINGTON BEACH, CALIFORNIA � 1'. 190 Iltrntinrtion I11:ach, CA 92648 A MUNICIPAL CORPORATION This is to certify that the licies of iniurana al desaibed below halve n issued to the insur'Q the u►ddM d• r. by i9ned and"are in fora Y Po � been , ,.,. ,, ...,.,. rgQed in such a manrwft the ., k ante company agrees to re 10 days for written notice, by mail to Ci y of Huntington Beach, at this time. I f these paliaer are cancelled of cht twill atfect�this ce►titi�n,Btha�insur, give y Ix h P.O. Box 711, Huntin , 64fomi' 92M.AL`L ITEMS,MUST BE COMPLETED,' ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND'DATED "BY,AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of;nsvred RUBBERIZED CRACKFILLER SEALANT, INC . Address of Insured P. 0 . BOX 1660 A, GARDEN GROVE. CA. , 9264o Location of Work or Operations to be performed Description of Work or Operations kTES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. ENoetirs Expiration In Thousands(0001 ,� . ,,, (INS.) GENERAL LIABILITY 1469 09 1 11 24 11 2 500 r 000 TRUCK INSURANCE E6 EXCHA14GE l COMPREHENSIVE FORM s CSL 1 I PREMISES— OPERATIONS I Each Oceunna 11 EXPLOSION AND COLLAPSE HAZARD 1 1 UNDERGROUND HAZARD 1 I PRODUCTS COMPLETED OPERATIONS HAZARD 1 ) CONTRACTUAL INSURANCE 1)9 BROAD FORM OOf1R.GhTV n�.��•+• RMH.NTO: CERTIFICATE OF INSURANCE ApprowdutoForm: City llt Nuntinoon Brach TO 1. "1 Heston,City ttomhr Ill,. nell. OfficeCITY OF HUNTINGTON BEACH, CALIFORNIA � 190 Ilhmt►ngtnn iirarh, CA 92601 A MUNICIPAL CORPORATION This is to certify that the. policies of insurance 14 desuibed below have been issued to the insured by the undets*ted and Ire In fora• at this tinw. ,f these policies ani cancelled or clini4ed in Isuch a manner that will affect°this Certlficate the insursnco company egress to giro 10 da K ,.,, i ,{ � a e l ... " . I � ...City nqt a 92s48.ALL ITEMS MUST=BE COMPLETED. ANY DEILETIION OR CHA VGE BIN THISOFORM SHALL BESIGNED•ANID DATED'BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured RUBBERIZED CRACKFILLER SEALANT, INC. Addram of Insured P•0 . BOX 1660 A, GARDEN GROVE , CA. , 9264o Location of Work or Operations to be perforn»d Description of Work or Operations -- 44 if, LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. . Etfative Expinalon in Thauunds (OW) (INSJ GENERAL LIABILITY 1489 09 1 11 24 5 11 86 500 , 000 TRUCK INSURANCE EXCH( J GE COMPREHENSIVE FORM i CSL I I PREMISES•-OPERATIONS Each Ocwmna I i EXPLOSION AND COLLAPSE HAZARD ( I UNDERGROUND HAZARD 11 PRODUCTS COMPLETED OPERATIONS HAZARD II CONTRACTUAL INSURANCE IA BROAD FORM oonaenTv n••••ni y` i r.�.--�;.-..►++r.�•rl.sy• .�•r.r�rr"' : .�„�►�""" t�'r'�`yP'y'�,�,"��'M"�"U'�•`•7i11r" ",r'w!p/�'.'�`•++IM'vwr"'rf1'�Pr'`M"•.'�•'i.�.....w...�•. r CERTIFICATE OF INSURANCE Approved -rto Form Iluntim'Iml Ilrarh TO Gall Hatton.C.ty ttorney lit- A 11vtt. Offil.t. CITY Of HUNTINGTON REACH, CALIFORNIA Iluntiogio n Ilr,rrh, CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed In such ■ manner that will affect this certificate, the insurance company &great to give 10 days prior written notice, by mail,to City of Huntington Beach, P O, Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANnE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY, Name of Insured RUBBERIZED CRACKFILLER SEALANT, INC . Address of Insured P.O . BOX 1660 A, GARDEN GROVE, CA . , 9264o Location of Work or Operations to be performed Description of Work or Operations -.s L1941TS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY No. Effective Expiration In Thomands(OW) TINS.) GENERAL LIABILITY 1489 09 1 11 24 5 11 2 500000 TRUCK INSURANCE 86 EXCHAME ( ) COMPREHENSIVE FORM t CS ( I PREMISES — OPERATIONS Each Occursnce I ) EXPLOSION AND COLLAPSE HAZARD l I UNDERGROUND HAZARD I I PRODUCTS COMPLETED OPERATIONS HAZARD 11 CONTRACTUAL INSURANCE 179 BROAD FORM PROPERTY DAMAGE 11 INDEPENDENT CONTRACTORS 11 PERSONAL INJURY AUTOMOBILE LIABILITY 1489 09 1 1X4 COMPREHENSIVE FORM s 5009000 CSL 17Q OWNED Each Occuraiwo IM HIRED I I NON-OWNED EXCESS LIABILITY Kl UMBRELLA FORM 1489- 09- 14 $ 11000• 000 • I 1 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION 14 ti o 09 1 and EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/ot all City Council appointed grouRs, committees, commissions, hoards and any other City Council appointed body,and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the Insured, and such insurance shall be primary to any Insurance of the City of Huntington Beach,as their interest may appear. Date 124 R.185 AUTHORIZED REPRESENTATIV.=OF INSURANCE COMPANY INSURANCE COMPANY 'TRUCK INS . EXCHANGE By MTrHA.FT, J_ ELAN "SHIP 1. Nan" Addtm 4860 IRVINE BLVD . SUITE 205 Address City 12112UP9 11A . 22220 City Teiephorn (714) 838 -0454 .Q �i•us ....: HOLD HARMLESS AGREEMENT (to be executed by insures'.) The insured agrees to protect, defend, incrwmnify, save, and hold h on BOA'Its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, &germ or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for w-hich this certificate of Insurance is furnished. '(1) Sole Proprietorship (2) Partnership (3) Corpora (4) Other (state) / HOLD HARMLESS SIGPlfD: By Imurwl: ' �� itta (All names shall be printed or ty¢ad / below each eieruturs.) By Insured: Title It rorpoemson.Twn ofiken nr st sign,or present rNdence of authwitstlon to bind Corporation. i NOTICE* INVITING SEALED BIDS iSC-244 ' • J Notice i s hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for Crack Sealing of Various Arterial Streets and Highways , and Route 1 and Route 39 in the City of Huntington (leach, California in accordance with the plans and specifications are special provisions on file in the office of the Director of Public ',Works. Documents ti i l l be available on October 18 , 1985. A charge of S25.nO , not refundable , . will be required for each set of specifications. f DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM QUANTITY 1 . Crack Seal inn Various Streets and Highways 39 ,000 � .� . Crack Sealinrl Reute I and Route 39 30 ,000 L .F. In iccur-dance with the provi ; ion ,; of Section 1773 of the Labor Co !.-, , the St,, to of California , Oi rector of the E)epartTent of Industrial Rel ,, Lion: snall t �rmine the general prevail my rite of wages, applicable to tiie wor•,, to be (infix ; copies of the latest general waje rate determinations are or. file 3 • the office of the City Clerk and tfie office of the Director of ?ublic Works the City of tfuntAngtnn Beach, California. arrs and speci fica Lions , toyether• wi th proposal form. may be otitainetl it the office of the Dir ector of Public works, Ci ty Mall , iuntington 9each, California . No t, id will be received rinless it is made inn s blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements , set forth in the specifications, for full directions as to the bidding. The above quantities .are approximate only , being given as a basis for the comparison of bids, and the city of Huntir. ton Beach does not express or by implications agree that the actual amount of work will correspond therewith - but: reserves the right to increase or decrease the amount of any class o-- portion of the work, as be Tay deemed necessary or expedient by the Director Of Pubs Forks. . �l- 1 All Kids will be compared on thoo basis of the Director of Public Works . ' estimate of the quanti ties of work to be done. Sub sti tt ,ion of securi ties for any , mon•ies by the Ci ty to ensure performance ' shall bo p''rm i tted in accordance +ii th provisions of the C41 i fornia Government ' Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington - Beach, California; shall be sealed and filed with the City Clerk at the Civic. Center, Second floor Administration Building, 2000 gain Street, Huntington Beach , California, on or before 10:00 a.m. of November � ,1985, and shall be . opened by a committee composed of the City Clerk, t e -City Attorney and Director of Public Works or their au'u'thori zed representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 18th of November, 1985, at the hour of 1:30 p.m, in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of November 18 , 1 §85 . • The City of Huntington Beach, California reserve's 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, Cal i forni.1 this October 14 , 1985 . ATTEST: Alicia Wentworth City Clerk N-2 •�/ Y : ; CITY OF EIUNTINGTON BEACH wnit. City Attorney RMUEST FOR LEGAL SERVICES pink C canary Cityity Clerk Adininktrito► Goldenrod DevartmenUl M%I NGTOW aIACH Date Requaet Made By Empertment 12-20-85 DONALD U. KISER PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out- line briefly reasons for the request. Attach all information and exhibits pertinent to the subject. Type of Loyal Service Requested: ( ) Oniinance IXJ Insurance I J Other ( ) Resolution JXJ Bonds (}Q Contract/Agreement I 1 Opinion All exhibits must be attached, or this request will be returned to you. Exhibits Attached Please approve Contract , Bonds , and Insurance for MSC-244 . Excerpts are attached confirming this is a single party corporation . ~ � v L-A. - ={ t) 77 -off , r_I n If for Coundl Action. li not for Council action,desired complotiocr data Signature: Aganda dawsfnje Council „metin4 12—31-8 5 NO Iwo a CITY OF HUNTINGTON BEACH 2000MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Depariment Director (714) 536.5431 January 28 , 1986 Rubberized Crackfiller Sealant , Inc. 18911 Berrytree Lane Orange, CA 92669 Attention : Rubberized Crackfiller Sealant , Inc. The project listed below, which has been completed by your company, will require a Certificate cf Compliance and a Guarantee Bond in the amount of 100% of the final cost for one year, before retention payment will be made. MSC-244 Crack Sealing of various streets and highways , and Route 1 and Route 39 Final Cost $51 , 535 . 00 Enclosed is the Certification of Compliance form. Please sign It ., and return it along with the Guarantee Bond to my attention at the City of Huntington Beach Corporation Yard , 17371 Gothard Street , Huntington Beach , CA 92647 . Very truly yours, .04� rim Donald W. Kiser Division Engineer DWK:bh City of Huntington Beach Department of Public Works P. O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1.972 Gentlemen : The undersigned , contractor on MSC-244 CITY OF Hg CRACK SEAL VARIOUS_ STREETS AND !J1GHWNY.S_ _JNCLL1J)T G ROUT Project No. Tit I e 1 AND ROUTE 39 hereby certifies that all laborers , mechanics , apprentices , trainees , watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer , mechanict apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . c'l Signature and .t� GREG WAHL , PRESIDENT Title /' �- � �'�, l