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HomeMy WebLinkAboutC.W. Poss, Inc - 1971-09-07P' CO; U llJw1 REQUEST'E'D BY .� dFlURN TO: FREE CITY OF IVINTINGTON BEACii o, , r'C _ 187 _. �. o. Box 81C { C3 nn ) Ifintington N-deh, Calif 92648 1 9202 � U�� � L r^(! �34 NOTICE GF CCt,;PLWICN NOTICE IS HEREBY ' 1VE7.l that the contract heretofore awarded by the City Council. of the City of Huntington Beach, California to C. W, FOSS, INCl, 17331 Nichols,_ Huntington Beach, California , who was the company thsreon for doing the following woric to -wit: Edison Community Park, in the City of E~xcavation and grading of the Huntington Beach, California. 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 reach at a regular meeting thereof held on the 22hd of February, 1972 That upon said contract the American Bonding Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this•_23rdday of February .19� • t , City Clerk a d "ex-officin ,Clerk of the City Council, "ri the ; City of Huntington Beach, 'Cal:ifornia STATE OF CALIFORNIA County,of Orange ) ss: City of Huntington Beach I, PAUL C. JG;JES1 the duly elected, qualified and. acting City. Clerk, and, ex -of ficio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of pe'rjury,, 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 2. rd day of Pebruary - ••r •.19 M• RECORDED IN OFFICIAL RECORDS .' OF ORANGE COUNTY, CALIFORNIA City Clerk, r•nd x--officib Clerk S.;Q A.M.,FEB 24 1912 .3. `of the.•Citof the Cio}Beacr,;of Huntingtdn' QI:Vforriay J. WYLIE CARIYLE; County aecordor "• ; t C O N T RAC T THIS AGRM-MIT, made and entered into as of. the 7 th� . day of September , 1921 ,, by and between the CITY OF HLRIMNGTON BEACH, a .municipal corporation, Hereinafter referred to as THE CITY, and C. W. Poss. Inc. hereinafter referred to as THE CONTRACTOR. WI TNESSETH: WHEREAS, in accordance„with the provisions of Section 1770 of the bor Code,, the City Council of the City of Huntington Beach, California, s ascertained the general prevailing rate of wages applicable to the ork covered by this contrast as more particularly eel forth in a resolution o the City Council 'of tho' C.1ty of Huntington Beach, a certified copy of w h resolution is on file in the office of the City Clerk and made a part her of and designates? as Resolution No.. , entitled: C O N T RAC T THIS AGRM-MIT, made and entered into as of. the 7 th� . day of September , 1921 ,, by and between the CITY OF HLRIMNGTON BEACH, a .municipal corporation, Hereinafter referred to as THE CITY, and C. W. Poss. Inc. hereinafter referred to as THE CONTRACTOR. WI TNESSETH: WHEREAS, in accordance„with the provisions of Section 1770 of the bor Code,, the City Council of the City of Huntington Beach, California, s ascertained the general prevailing rate of wages applicable to the ork covered by this contrast as more particularly eel forth in a resolution o the City Council 'of tho' C.1ty of Huntington Beach, a certified copy of w h resolution is on file in the office of the City Clerk and made a part her of and designates? as Resolution No.. , entitled: ,0 requirements, and special provisions reference is hereby made, and by such referenne they are made a part of this contravt as if herein set out ii. full; and WHEREAS, the City i i'}CCXiXSii3t7SAIXh at the time and place appointed therefor received the report of the results of the bids submitted by the respective bidders for the construction and completion of the above mentioned work, and after careful consideration of all bids submitted the City Council awarded the co,ltract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council, NOW, TF?MWORE, in consi&,ration of the covenants and agreements herein contained, being done ana performed by the parties hereto, it is hereby agreed as follows: I. By my signature hereunder, aE contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to.be insured against liability for workmen's compensation or to undertake self-insurance.in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contre ct. _TI. Contractor agrees to receive and accept as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the total bid amount Contractor submitted in 1-,is Proposal which was accepted by the City Council. A copy of said Proposal is a';tached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid,,or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the presor.ution of the work until its acceptance by the City, and for all risks'of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereon', in the manner and according to the plan: and specifica- tions, and the requirements of the Engineer under them. III.. City agrees with the said Contractor to employ, and does hereby employ,_the.said Contractor to provide the materials and to do the work according to the tetras and conditions herein contained and referred to, for the prices aforesa.�id, and hereby contracts to.pay the same at the time, in the manner and upon the conditions as set forth in the genera?. requirements and -the said',.parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein.contained.' It is� further expressly agreed by and between the parties hereto thQt should -there be; any ,conflict between the terc s of this 'i:rstxument and 06: bid ;-:or proposal of, said Cantrti,'tor, then this instrument shall control and n0t i.ng herein shall be considered as an acceptance of the said terms 'of raid proposal` c:+nflicng herewith, y J III WITNESS WHEREOF, the City has caused its name and seal to be hereunto annexed by its Mayor and City Clerk, thereto duly authorized and Contractor has set his hand hereto, the day and year in this Agreement first above written. ATTEST: City erk CITY OF HUNTINGTON BEACH, a Municipal Corporation 4 • ; By 4 1 O Mayor C. [4. ` PGss, INC. Contractor's Legal Firm Name (Corporation, Partnership, Coy -partnership, Joint -venture, Individual or ) By Position or Title t. i NOTICEI PROPOSAL TO THE CITY OF HUNTIKGTON BEACH FOR THE EXCAVATION AND GRADING OF THE EDISON COMMUNITY PARR, IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA To the Honorable Mayor and City Council, amity of Huntington Beach, California: In compliance with the annexed notice inviting sealed proposals, I hereby propose and agree to enter into a contract to perform the Work herein described and to furnish the materials therefore according to the plans, specifications and spacial provisions for the said Wort: and to Sealed bids are to be delivered the satisfaction of and under the supervision of the Director of Public Works of said Cite of to the Department of Public ,�oors Huntington Beach, California. on or before JOA0 A.M., 4uesc�ay, September ,X, 1971 at which time The undersigned has not accepted any bid from they will be opened and reviewed. any subcontractor or materialman through any All bidder:, Will be welcome at bid depository, the by-laws', rules _nr regulations the opening, of which rohibit or rev nt the co tr -r%" from f,Up 0 Ado-owt- considering any bid from any subcontractor or considering alman Which' is not processed through ba; d bid depository, or which prevent any subcontractor or materialman from bidding to any contractor Who does not use the facilities of or accept bids f:om or through such bid depository. For,. the - d orgelt; incidents, materials and euiTan t' an � p shin of a labor, Work necessary to diliver all the improvements complete in,olace in strict conformity with the plans,;specifications and special, provisions, on file: in� the office of the Dire-t6r or'Public Works, City of Huntington Beach,, Californta 'I propose and, to take full payment thoref ore-' e t the following unit prices, to wit: r.rr.�. Approxi . Item' #° wte`�, Items Frith unit price written in' words Unit Price Total ; usntitY. 1. 50 '000To "'filrnish, loAd, hnnl�' Ell, '. $ Trade soil fro100 Q00 the-9ayside P!t ater cubic yard, N.A. -Cubf<c baseii on surement of '7QZ: of. truck yards (i: e mea. Yards. P---:10.yard truck will be p,eid.for, as 7 yards.) M � Page 1 ' r 1 . :k • ki. The undersigned understands the contract time limit allotted for the contract jif awarded the contract, the undersigned hereby agrees to sign said contract' and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. O r. The undersigned has examined the location of the: proposed Work and is faraillar with the plats, specifications and special provisions and the local conditions at the place where the work is to be dune. �s• t7; Accompanying this proposal is 010TiCF; Insert the words cash, cashier's check, certifier) f, check, or bidder's bond, as the case may be). * -r"• Licensed in accordance with an act providing for the registration of contract License No.--,4 7jf-O? APPROM AS TO MM; DON l . BONFA City torney I , BY: J n ut Signature of Bidder Busiueds Address �J ! l'd - l�L 1 n U C,� Ca(' !2.1'c .7 Place of Renideuce 1.2 / ), V. Dated this day of 19 Rage - 2- s' , �'t PROPOSAL SUB-COWRACTOR - LISTING t'� Pursuant to the Govertunent Cede 4100; the Prime Cvntractor., in order for this proposal to by acceptable for cons Weration shall furnish the name And location of the place of business of each sub -contractor who Will perform Work or render service on this project in an amount exceeding one ha!f of one percent of the total bids. WORK TO BE PERFORMED SUB -CONTRACTOR SUB -CONTRACTORS ADDRESS I'. • 'IMF rV I AME"RICAN BONDINGCOMPA: L11'COL\', NEBRASKA. A STOCK COMPANY E PUBLIC WORKS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, C. V. FOSS, I 489z IR_ I Bond No. as Principal, and AMERICAN BONDING COMPANY, a corporation organized and existing under the laws of the State of Nebraska and authorized to transact surety business in the State of California, ag Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA. as Obligee,, in the stun of ONE HUNDRED THOUSAND AND 110/100-----------------------_-_---__------ Dollars ($ 100,00b00 ), lawful money of the United States of America, for the payment whereof, well hnd truly to be made, we hereby bind ourselves, our heirs, axecutors, administrators, successors and assigns, jointly and severally, firmly .by these presents. Signed, seated with our seats, and dated this 14th day of September , 1971 THE CONDITION of the foregoing obligation is such that, whereas the above -bounden Principnl,.hae• entered into a contract dated September 7,1971uith said Obligee to do and perform the following work, to -wit: for the excavation and grading of the Edison Community Park in the ' CiLy ofliuntington Beach, California a E. NOW , THEREFORE,. " above -bounden ..Principal shall well and, truly perform or " • RE if the e , p , each'and all of the requirements and;abligations of said con e, o ,be e , pLrfo d by said `Principal, is in 'said contract set forth, then this t cuntraCtr to Ise, pGYfurme bon�f L old; otherwise It shall remain in fiill force and effect. ► DON P BONFA as City Attorme C. W. I FOSS, INC, Term AMER P remi tiro; ,'S l 800 • ICLN gONI1INr COM AN ' 9L W. D. Gillingh orney-in-F'aee Recording Requested By j Mien Recorded Mail To l +r SPACE ABOYS TEAS LINE FOR RP,COnnn, S U51-------. PAYM=T BOND - PUBLIC WORMS Bond tKo. 4892 KMW ALL saes BY TWE MRSSNTS: That vc, C. W. rOSS, INC. as Principal, and A IRI: , , •CAH &ONDIHG COI►iPANY a corporation organized and cucisting under the laws of the State of Nabraska and authorized to tranaact surety business in the State of California, ac Surety, are hold and firmly bound unto CITY Or HUNTMG-10N BEACH, ChLIFORNIA as Obligee, in the sum of FIFTY THOUSAND AND NOA00---------------------------- _-_-__-------- Dollars ($ 50;000.00 ), lawful money of the united States of America, for the payment vhnrrof, well and truly to be roads, wo. hereby bind ourselves, our hairs, executors, ad- u1nistrators, successors and assigns, jointly and severally, firmly by these prasents. Signed, sealed with our seals. and dated this 14th day of September- , 1971 ?iu CONDITxON OF E FOR&POMP OBLIGATION IS SUCH THAT, whereas the abova•boundea TE Principal has been awarded and has entered into n contract, darted September 7, 1971 , *with pbligf'.e to do and perform the following vork, to vit: for the excavation and grading of the. Edison Countinity, Park in the City of Huntington Tench, California f; THEitEFORY; if the abova-bounden Principal`, or. his subc+s oatrc`tors, fRils eo pay any., of,,. the person"s niased in Section 3181 of `tha Civil Code of+ the State of California` Unm to tit Insuranaa 4 pto f4rsead br any sucb �»lsiaant; :the Surety hereon willpay forat:hecs` e,vIn n, ' labor par- or aewunts dun uadar the ; p ys►a txctadir � h9 suss° spacilixr ' , .N • is 4h f .aaount' not id in,,thia bond and tlao in case suit is bran t;u on this nd,a r*&aonibla"attornay'a feel to ;�a ,fivad by the 'court.., to bond is •axacutsd,pur= fh 'State, • oviiions'of:Chaptit 7;,,D vislo , tle 15 of the.Ci.vil Cods; of of'Gtl`iiosniirAnd shall inure ,to the leneftt4of an'y of the persons smad in .'Section` 318f "af ihi -Civil'`Coda. so as to give a right of action to such parsons or their r � . r assimbi 1w auy,, suit'- brought upon this bond. APPROVED AS,"' : D01I F. BONFA Cf t- N A ttori�ik C. W. POSS�l INC. : BY: v' BY: (Princ pal) ,v p �;� �oruoy AMICAI1 WWDING COKP Inc drd tinder, Perform.. t ,, ' r►d p►crnium. , omen • W. A. Gi.11inghv.ttoraay-ia-tact 0i)y Ackn0'wIe7dgme'nt of Surety STATE OF­galtfornia COUNTY OF Los Angeles_ i. 011 this 14th day of September pcssonaAy appeared before ine W V87 0 who'being d ysviolm did depose and say that he is the attomej -in-fact of the American Pending Cormany- of Lincoln, PIebrackn, that the seal afr=ed to the attached instrument is the Corporate Seal of said Corporation, and that asid rostrum was signed and sealed on behalf ;f said Corporation by authority 6t W. H. Gillingham 04 its Board of Directw and the rid icknowledpd that u attorney -in -fact and rs the free act and deed of said Corporation. he ted 3 F, , nil lw�RIJ�6 Y. `n 3, 1773 -A- Cz AcknbMedgm—eht of Surety STATE OF California C , OUNTY OF- Los Angeles 14th September 71 on this day of 19— W. B. Gillingham per;onally' apfeared bd' ore Me' at he is the at tDrne- --in -fact of the Amctican thBonding Couy p-m who' being duty wworn did depose and sa�—th of Lincoln, Nebraska, that the seal affixed to the attachedinstrument is the Corporate Seal of said caiprition, and that said instrument was signed and sealed on behalf of s-tid Corporation by authority of its Bodrd'of Dimtot4a'nd the said W. B.,rvillinghaw acknowledged that he executed'said'iinthunw'writ as such attorney -in -fact and as the irea act and deed of said Corporation. I 46� ". City of Huntington Beach P.O. BOX 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT February 14, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: GentLe,men: Edison Park Grading CC-187 rZ- .� 19,�•- t CL C. W. FOSS INC. 17331 141CHOLS STREET HUIMIGTON BEACH, CALIF. 9264J INVOICE N2 'dw KY GfrNERM. ENGWErRINQ COWRALTOR$ 7p WE 9/30/71 R ` City of Huntirn:.;*:on Beach P. 0. Box 190 , Huntington Beach, Calif. 92648 CROP 11UI�c'TINGTON BEACH QMRACT CC-187 DATED SEPTEMBER 7, 1.971 PATE i7 8."P.tFi7QV AMOUNT '.PHIS INVOICE REPM.:ES AND SUPERCEDES INVOICE NO. ?859 ED 9 30 , l ' Job #P71-1 Ref: Bayside Pit to Edison Park, I Magnolia & Hamilton, H.B. 9/27/71 9/28/71 9/29/71 9/3 0/71 As -Per Contract- .` - 67 Bottom dump trainloads 221 11 of If 233 tl of It 219 fl F1 It 739 Bottom dump trainloads % 14 Cu. Yds Per train TOTAL: 101346 Cu. Yards Q $1.88.................. Lose Retention lC% NET DUE $19, 450.4 3., 945.E . C r f City of Huntington Beach P.O. Box 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT August 31, 1971 G t r 2�-�..� ` LU LY cl , r �ti....YY Honorable Mayor and City Council City of Huntington Beach f, Attention: Doyle. Miller City Administrator Subject: Edson Park - Importation of Planting Matdrial CC-167 Untlemen: The majority of Edison Park is to be constructed over the former County stump dump. The topsoil. for the entire park site is not suitable in its present form for park vegetation. There &rn two choices to remedy the situation. 1. Installation of a subsurface: drainage system and attempt to leach out the undesirable chemicals, or 2. Import suitable material.. Due to the fact tine latter system would be more economical and offer NJ thgA ORIGINAL ANU Tr•N[1 CUP I1-1 PI .;O.�P:ttIR r [RTIrICATI 108 ..ITT Of II[ACi' 011,44T►1[NT or PUBLIC; �%00011 P.O, 1$04 190 HUYTIPIarok BrACI+. CALIFORNIA D2441 CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTO14 BEACH, CALIFORHIA A MUNICIPAL CORPORATION U%Lr City 01 WSC101 r"L01. 01 C IIIt lll!ATI III INsiodoicl FILL at ACctPTrP. This Is to certify that the policies of insurance as described below have been issuedto the insuredby the under- signed and ;are in f,.r% at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, thu imsuran '.' company agrees to give 00 days prior written notice, by rrail, to City of Huntington Beach, P.O. Box 190, Huntingte R-tach, California 92648. Name of Insured LA U ADA TRUCKING, INC., & C. W. PUSS, INC,, et al "Address of Insured— 1 • d31 NICHOLS, HUNTINGTON BEACII, CALIFORNIA Location of (n�ura` .perations SAME _ Description of 0erations TRUCKING CO. , AND CONIMPIC•TOY. POLICIES IN FORCE PC'LICY NUMBER 00.TE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workman's Compensation Statutory Empluv';-s' Liability S _ B. Public Liability: Bodily Injury: Injury:ers Manufacturers and GL.A90555• 1/1/71 1/1/72 v 500,000 COMBINED SINGLE LIM' Contractors ff] $ Each Person Comprehensive General Q GLA905 5 1/1/71 1 /1/72 S " Each Accident (Including products completed operations) Property Damage Each Accident C. Automobile Liability: $ 50D,000 COMBINED SINGLE LIM. Bodily Injury L;1.A90s�55 1/1/71 t/1/72 S,_,._rr Each Person $ ` Each Accident Property Damage GI.S%90555 1/1/71 1/1/72 S "--Each Accident Does policy cover: All owned outor,.obile.: ( X ) Yes ( ) No Non -owned automobiles ( X ) Yes ( ) No Hired automobiles (;: ) YIns ( ) No D. Additional Insured Endorsement: The insured agrees that tho City of Huntington Beach cod/or members of the City Councilor boards or commissions and elective and appointive officers, ier%,ant or employee ^f ,he City of Huntington Beach when acting as such, are additional assureds hereunder. E. 'Hold Harmless Agreement: The insured agrees to protect, defend, indemnifyy and %aye harm!ess the City of Huntington_ Beach against loss, damage or expanse by reason of any suits, claims, demand, judgements and causes of action caused by insured, his employees, agents or any subcontractor arising•out of or inconsequence of the performance of all operations covered by this certificate. F.rAinimunl Limits Required: 1' PublicLiability (Products liability, including completed operations) Bodily Injury -each person S250,000.00 each accident $500,000.gO c Property damage $100,000.00 G. Remarks: 4 (Signed) IMPEAIAL INSURANCE COMPANY INSURANCE COMPA16 I By — SIGNATURE t r ' OF AUTNORIZeo nEPRESENTAtIV6 t r ! a Cr ,