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C.W. Poss, Inc. - 1976-03-22
4 CC-267 { ti'iNEPJ REC-URDEO MAIL TO: � OK 12383h 194�4 rd�cH AA EXE L;1 I y OF HUN I INGTU T Gifice of ll�r, City Clerk Cl � P. C). Box J yU N0'1' I CG i )l � Ct)FtP LE`1' iUN_L_ Hunlinglon 11�:��Gl�, C.:lif. 926� ��~ Y . 140TICE IS HEREBY C1Vl;N LhaL the contract heretofore awarded l,y this City Council of the City of Huntington Beach, California to Huntington Beach, California. 92648 u'.io was the company thereon for doing the frllowing work to -wit: Cothard Street Improvements and storm drain between Warner Avenue and Ellis Avenue, all in the City of Huntington Beach, California, Project CC-267 RECORDED IN OFFICIAL. RECORDS OF ORANGE COUNTY. CALIFORNIA 9:05 A.M. SEP 201977 1. WYLIE CARLYLE,, County hUardar 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 waa accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September. 1977 _. That upon said contract the _ Tndustrial IndemnityCam nn was surety fo. the bond given by the said company as required by law. Dated at Huntington Beach, California, this.- Ifit1 day of September , 19 77. ity Clerk and ex-offici.o 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 H. WENTWORTH, the duty elected rnd 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 Raid NOTICE OF COMPLETION was duly and regularly ordered to be rr.aordeo in the Of rice of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this __16th day of 5gptem1)e•r 19 L7 . This document is solely foie. the official busiriess of the City of Huntington Beach, as contem- plated'under Government Code Soo. 6103 and should be recorded free of charge. City Clerk and ex-officio Clerk of, the City Council of the City of Huntington'' BeachCaliforn g California ie .' VVIIIN RECORDED MAIL TO: r " lieCQR piaic►1 bu.,inegs o as aonte�• �K �rf buntingt.on Bench, ftequ, ��N Cod(). ��pp . CITY OE HUNTiNGTON BEACFteY plot©d uuda ohou d0bo reccrdo f# Office of the City Clerk S©a. t3103 and EDA Project No. U7—01--61446 P. 0. Box 190 rreG Of ctinrAe • r-7 n !-I;1"Imgton Beach, C 0 V E N A N T �XENWT a69 C 8, .. fa / Gi In consideration of financial assistance rendered and to be rendered by /d/f the Economic Development Administration, U. S . Department of Commerce, (hereinafter called the "Government"] for constzuction of Improvements and storm drains on Gothard Street in Huntington Beach, California, the location of which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference, all or part of which will be to t1Le use and benefit of the described lands of the under- signed, the undersigned does hereby covenant and agree that it, or a successor satisfactory to the Government, will retain title to said lands and to the facilities to be constructed thereon by the project for their Useful life, herein determined by the parties to be 20 years for the street structural section; 50 years for the storm drain system; the street right of way will be retained for as long as a public street e.Ylsts; and that such facilities will be devoted to the public purpose for which the Government assistance was -rendered; and that such facilitiC's will provide service without discrimination to all persons without regard to their race, color, religion, sex or national origin. The covenants and restrictions herein contained shall run with the described land and may be terminated or suspended during the tern hereof only upon the prior written consent of the Government. Data: September 25, 19?4 City of Huntin lton beach (Name of Owner Approved as to form: Don P. Honfa By: . City Attorney Title: p y Cit Attorne Davi D. Rowlands a dal y City Administrator fQvnia ss. County of Orange On this 25th day of_ SeRtom,er, �, in the year 1974 before me Connie Brockway, Deputy City Clerk (Fiere insert the name and quality of the officer personally appeared David D. Rowlands , known to me (or proved to me on the oath of ._.. ) to be City Administrator, of (t tle of the officer) Cit• of Huntin ton Beach California Name o priv e'or p lic corporation, state agenoy, or political sum ivisiol) and known to me to be the person who executed the within instrument on behalf of said private or public corporation, state agency, or political subdivision, and on oath stated he was authorized to execute said instrument for and on behalf of, and in the name of ame of private or public corporation, state agency, or political subdivis and acknowledged to me that such City ofr Name of private or public corporation, I� (state agency, or pot Eical su division) executed the same, RECORDED IN OFFICIAL RECORDS OF OR4NGE COUNTY" CALIFORNIA f C� Mtn. 8 AM. S E P 261915 Past 1. IYYl1E CARLYLE, County Recorder RETUAA 011116I.AL AND THOM COPIES o/ COMPLETEC CENTIFICATC TOl DPW CITT OI HUNTINGTON 9EAC'i P.O. Box Ito HU47INSION BEACH, CALIFORNIA 12641 1 t .'%NLY 4CITY O/ NUMTIM{TON SEACN0{ I0911 L%RTIFICATE OF INSURANCE o► C�RTIPICATE Or I1149RA04CC WILL .E ACCEPTED. T'j CITY OF HUNTINGTON BEI'ICH, CALIFORNIA A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed and are in force at this time. If these policies are cancelled or charged in such a manner that will offf;t this certlficaie, the Insurance company agrees to giva 30 days prior written notice, by mail, to City of Huntington Beath, P.O. Box 190, Huntington Beach, Colifornic 9264e. Name of Insured—_ C W PUSS Ii'lC. , e al / , /O Address of Insured POST TTI CE UX 160. 1111.11111GIOU REAACU CALIFORUIa Location of Insured Operations Z45`� 1 rf (' rTRCI r I 1'IjTilr,Tn�l nOAC'il rot T 0 Description of Operations ___ GRUT r r OF I -A lD _ POLICIES IN FORCE POLICY NUWBER DATE LIMITS OF LIABILITY EFFECTIVE EXPIRATION A. Workmen's Corr.pansation Statutory Employers' [,*-ability NOT C UFREC $' B. Public Liability: * $1,000,000 combined single Bodily Injury: 65�244 b/16/76 5/16/77 limit per occurrence. E20221 Manufacturers and IND76 Contractors L_1 $ * Each Person Comprehensive Genen.i lJ $ * _Each Accident (Inrluding products completed operations) Property Domags II II u $ * Each Accident C. Automobile Liability: Bodily Injury $ * Each Perse.i n u it $ * Each Accident Property Damage $ * Each Accident Doss policy cover: All owned automobiles (X ) Yes ( ) No Non -owned automobilas (•,/)Yes ( IN a ' Hired automobiles _ ( ) Yes ( ) No — D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach City Council, and/or all City Council appointed groups, committees, commissions; boards and any other City Council appointed body, and/or electivt and app6ntive officers, servants or employees of the City of Huntington Beach, when acting as such are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach agoinst loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents or any subcontractor arising- out of or in consequence of the performance of all or any operations covered by the certificate of Insuranze, and such insurance shall be primary to any insurance of the city. F. Minimum Limits Required: Combined Single Lin..: uodily Injury and/or Property Damage including Products Liability: S1,000,000 combined single limit per oLcurrence.. G. Rema.-s: .._. DOE P. BONFA Date: 911ne 0. 12LO COMPANY Name Travelers Insurance Company Instirance Company By SurA_7qVB �, J RE OF ALITHO O REPRISE'•'i ATIVE Lrent Address i6r jli l g h i rp- alyd Address 3475 runcc Blvd City Los Angeles Telephone 542-7301 P t 342 _�, Ifrlu+r 04•1IMAL AM11 104ft t91'1rs of C!A..111f a C 1411/1cafe TOO DPW or Nu411+01`011 nt4Cr1 ; 0 r,n,,1o1 1t+3 14u,rlwlT0% At&CM, CAL1?011 1& 114.1 oulr CirT ar Nullllnlrgr Af lchsl o%A►A CERTIFic-Ar : OF iNSURANC or C(Mllel(Art or.IMlul.Mcl Ali► 1A -itTO ' CITY CF HUNTINGTON BEACH, CALIFO NIA A 1101NICiPAL CORPORATION This is to cortify that ihu policies of insurance as described bolow liuve been issued to they insured by th.) i,n;e(- sigrrnd a�rd ate ilt fart., or this lire. ...If these ;elicies are cancell:d or chun;ed in s►ch o manner that will Cifr :- :o cer►ilicale, tho lnsuronce comp,iny ogress to give 30 days prior written rwtici, by mail, to City of Huntington fieac4, P.O. Box 190, Huntirgton Beath, California 92648. Name of Insured C 1.1 POSS 111C. et-„11— Address of Insured MST (�f F,[�F .IT��{ l.li•2 IIII-IlTTIM f)'' ' 1 U._LALL=LLj__ ___, Location ui Insured Operatior. 7459 1 ()f!G i:I R[I F 111.1"111fir,TQLnZACU 1'rAL-1I....._ Descripiion of Operations ______.G AQVIG nc tL__. POLICIES IN FORCE POLICY DATA LIMITS OFI.IADlt.1T*r.._ ._...... NUMQt~R EFFECTIVF Ex PIRA r10re A. Worlmen's Compensation Statutory - rJP 21 i 1-'1•-77 1-1-78 Employers' Liability 8996 B. Public Liability: M X P 28 $1,000,000 combined D.i nq le: Bodily injury: 76551 1-1•-77 11-1-78 limit per acctirz:tncn. Munufactur,!rs and Contractors 3 � 3 � 1=uch Pcrsc,i Comprehensive General 63 Eucn Accident (Inrluding t:ro,fucts complete!.i operations) - Property Oomrige 11 II I! S -- ' �,. Aulom,bilc Liability: Bodily Injury S 's Ecch Pcrs,.n II II 11 S — E c c h ACcidtY.i Prn,"rty Comage $ _.* Enr.h Accident Dee: oolic,' saver: All ownsd outumubilrts ( ) Ye-s ( ) No Non -,awned automobiles ( ) Yes ( ) No v, Hirad nutomobiles (rl j Yes ( ) No D. Addiiianrll hisure:d Endorsement- the insured ogress Ihcf the City of Hunting'or, Beczl, City l:ouncil, andlor• all City Council ,-ilsnoinb:d quijpj, corrimi,sioos, hoards and any other City Council appointed ::cdy, andlor elective and appointive ol`ic:rs, SLtvani:.,r ,:.;r,lr; �.:• , a. the City of Huntinvon Fetich, when acting as such are additional assurers hereunder, E. Hold Harmless A;reemenit Th: Insure6 ogrcas to Frolcet, iicfend, ind.:mniiy and save: harmless thle City of Hur.tir,!on 51»%,:J uj.iin-o damage Jr e:cnL"1SR D)' rC,1S011 CI any SUIrS, C.Llim-., demanis, judgerne.•nts and causes of actlin c-,usr U o ,r r,i, �i.s e:mpioye as, ojents er un subrontraclor aritir.- out �t or in consequence of the perlairncrn:e •,)I kill or viv c !r;eu•, covered by tile: crrylfieate of insu:anre, and such iasurance shall to Urirnary to any insurance of the city. F. Mini,nim Limits Required: C,nIN Lirni. Ocu;:j Iltiu(y anc%tJl Pr -.party Daln3'j•! inctuding Product, :_ia.1,Ni: r: pelf ccr:ufferiot. APPROVED AS TO HOR1.1 G. Remark s: C.i Ly A o rney V Citj AAu noy -.�w •..r...w.r••_.w•.�—•.--. uwr+�.wv.wa.f�.•�s/��..rLsrJM-.•rveVw7mCL:r_:=aa•aJa.T'.� c.rJli•�=rtai-vY isa.;r "c`-: I•: a. •..: r. a'L::• +1 1t •-. . ,. .. Ua I __ _E.rr..E1 i B ER_•28. f_ 1-9-7 6�.._ N1 3r'^_FIF.EMA11 r FU Np T iYS?��.9.L�rE�L�.. i; y'_�y _-� �,/� f%�s ��. ;•-_',: �� ?�'-.� _. . c , ..._ �i.nnLtraLIC S164Or. 1.1 1. cr AUr ;r;IIEi) irF1'iE'i:::er.,'. SANTA A NA esr},�,�!� .,,...._..' n ;rrl � ri,�r C ri L I 0 R 11 Z A _..__ T �t t F it is t!.� __�! n Tl�I; 11 7DUSTRIAL INDEMNITY COWANY A STOCK COMPANY HOME OFFICE SAN FRANCISCO Bond No.: YS 751-9022 Premium : MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, ', W, POSS. INC, , of Fiuntin'tor. Beach, CA , (hereinafter called the Principal), as Principal, and INDUSTRIAL INDEMNITY COMPA11Y, of San Francisco, California, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH , (hereinafter q�bled `the Obligee), as obligee, in the gum of Forty Eight Thousand Thirty 'free & 9Z/ DOLLARS ($ 48, 033. 92 ) , for the payment whereof the Principal and Surety bind themselves firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCII, THAT WHEREAS, the Principal entered into a written contract dated March 22, 1976 , with the Obligee for�othard Street mp,royements a,ad SS}arm Drain Prninch Not 07-01 -01446 • This bond is executed to comply with the requirements of City of Huntington Beach wherein the Principal agrees to furnish maintenance an said work, for one (1) year from the date of acceptance of said work specified in said contract:. Said maintenance shall apply to defective workmanship and materials only. NOW, THEREFORE, if the Principal shall faithfully perform such maintenance, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 6th day of September - _, 19 77 C. W. POSS INC. INDUSTRIAL INDEMNITY COMPANY Margaret K. Lowary A,ftorney State of California County of Los Angel.e-i On Sep ember 6, 1977 , before me, a Notary Public in and for said County and State, residing 0 oin, duly commissioned and sworn, personally appeared Margaret K. Lowa.ry known to me to be Attcrney-in•Fact of Industr ,i l Indemnity Company the corporation described in and that executed the within and foragoing instrument, and known to me to be the person who executed the aaid instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto sr_t my stand and affixed n,amY. 4lficial seal, tho day and year stated in this certificate above. '` r i _ J _ _-'--_ = --�^•r . - .• �-....� Y.. ur �fF:ft {�J r 5� t.OS AN +ELE COMM Notary Public ,.,•y» � ?AF.splres o' t9kG� 340212--43-86 tln 9. M04-f100-dtlwt6►�t..0•►O..wG :� Premium : MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, : C. W. POSS, INC. , of Huntington Beach,. CA , (hereinafter called the Principal), as Principal, and INDUSTRIAL INDEMNITY COMPANY, of.San Francisco, California, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON. BEACH , (hereinafter j�bled the Obligee), as obligee, in the sum of Forty Eight Thousand Thirty Tree & 92/ DOLLARS ($ 48, 033.92 _ ) , for the payment whereof the Principal and Surety bind themselves firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT Wii REAL, the Principal entered into a written contract dated March 22, 1976 , with the Obligee for C�othard,Stj:eet Impi-gy-ements and Storm n_rs'iin 2roinct No. 07-01-01446 This bond is executed to comply with the requirements of City of Huntin•!�on Beach wherein the Principal agrees to furnish maintenance on said work for one (1) year from the date of acceptance of said work specified in said contract. Said maintenance shall apply to defective workmanship and materials only. NOW, THEREFORE, if the Principal shall. faithfully perform such maintenance, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 6 th day of September , 19 .77 _. C . W . POSS. INC. - -Q/ V.4X-L PA1,J INDUSTRIAL I►IDEMNITY COMPANY Margaret K. Lowary A torney PARCEL 9: The West 40.00 feet of the North 120.00 feet of the South one half of the East one half of the -East one halo of the Northwest one quarter of said Section 26. The West 20.00 feet of the North 200.00 feet of the South 540.00 feet of the South one half of the East one half of the East one half of the Northwest one quarter of said Section 26. PARCEL 11: The West 40.00 feet of the South 260.00 feet of the South • one half of the East one half of the East one half of the Northwest one quarter of said Section 26. 1 p� 1125 I P6 547 EXHIBIT "A" Those portions of Section 26 and Section 35, Township S,South, Range 11 West, in the Rancho La Bolsa Chica and teh Rancho Las Bolsas, Cti,y of Huntington Beach, Cou.zty of Orange, State of California, as shown on a maj? rE :corded in Book 51, Page 13 of Miscellaneous Maps, in the oifice of the County Recorder, of said County, described as follows: PARCEL 1: The West 40.00 feet of the East one half of the mast one half of the Northwest one quarter of said Section 35. PARCEL 2: •The East 40.00 feet of the West one-half of the East one half of the Northwest one quarter of said Sectim 35. PARCEL 3: The West 40.00 feet of the South one half of the East one half of the East one Half of the South west one quarter of said Section 26. PARCEL 4: The West 40.00 feet of the North one half of the East one half of the East one half of the Southwest one quarter of said Section 26. PARCEL 5: The East 40.00 feet of the West one half of the East one half of the Southwest one quarter of said Section 26. PARCEL 6: The East 40.00 feet of the West one half of the East one half of the Northwest one quarter of said Section 26. PARCEL 7: The West 30.00 feet of the North one half of the East one half of the East one half of the Northwest one quarter of said Section 26. PARCEL B : The West 20.00 feet of tflo? North one half of the South one half of the East one half of thy_ East one half of the Northwest one quarter of Section 26. Those portions of Section 26 and Section 35, Township 5 South, Range 11 West, in the Rancho La Dolsa Chica and teh. Rancho Las Holsas, Ctiy of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Rook 51, Pane 13 of miszellaneous Maps, in the office of the County Recorder of said County, described as follows: PARCEL 1: The West 40.00 feet of t.ile3 East one half of the East one half of the Northwest one quarter of said Section 35. PARCEL 2: The East 40.00 feet of the West one half of the East one half of the Northwest one quarter of said .Section, 3.15. PARCEL 3: The West 40.00 feet of the South one: half of the East one half of the East one half of the South west one quarter of said Section 2G. PARCEL 4: The West 40.00 feet of the North one half of the East one half of the East one half of the Southwest one quarter of said Section 26. PARCEL 5: The East 40.00 feet of the West one half of the East one half of the Southwest one quarter of said Section 26. PARCEL 6: The East 40.00 feet of the West one half of the East one half of the Northwest: one quarter: of said Secticn 26. PARCEL 7: The West 30.00 feet of. the North one half of the East one half of the East one half of the Northwest one quarter of said Section. 26. PARCEL 8: The Wept 20.00 feet of the North one half of the South one half of the East one half of th(: East one half of the Northwest onr� quarter of Section 26. EXHIBIT "A" Page 2 PARCEL 9: The West 40.00 feet of the North 120.00 feet of the South one half of the East one half of the East one half of the Northwest one quarter of said Section 26. PARCEL 10: The West 20.00 feet of the North 200.00 feet of. the South 540.00 feet of the South one half of the East one half of the East one half of the Northwest one quarter of said Section 26. PARCEL U: The West 40.00 feet of the South 260.00 feet of the South one half of the East one half of the 'Nast one half of the Northwest one quarter of said Section 26. 0 I 1 MAW A. R1Jf;T0N EDWAPM K NANCC, JR. RONALD F. SCUCLIO J. Y. CITEL i.OtWnT %V CASILEIEnnY LAW orricEs RU�TON & NANCE r In ;t 5T7ECr AT PA51410ff LANr (�� �. C1 W-nY L. S. IEN: EN 111 rAS.41014 LANE t^ � (- AN L. SPUnNCY r 0. 071Y 2.220 �•, � L-1 ruLL[n 1., ► f A.. a o reNNen TUSTIN. CALIrUnfilA 7ifi (!U `' ►1►ff a.0CVI01 MACKIN +'1 11CAT4.EnWE A, •_fAnT.►vr.' t .August 10, 1981 City of Huntington Beach P. O. Box 19C Huntington Beach, California 92648 Attention: Alicia I.I. Wentworth City Clerk Re: SOIL ME RS vs. CITY OF HUDITINGTOt4 BEACH Our File No: 78--352/R Dear 1•1s. Wentworth: Plaintiffs' attorney has noticed the taking of the deposition of two employees of the City of Huntington Beach in this matter and they have been scheduled as follows: DATE: October 1, 1981 TIME: 10:00 a.m. - Tom Blackburn 11:00 a.m. - Ulrich Stenzel PLACE: Law Offices of William Crosby 4650 Von Harman Newport Beach, CA 92660 Accordingly, please arrange to have these gentlemen meet with the undersigned at Mr. Crosby's office at 9:00 a.m. on the above date in order to prepare for their depositions. Please have them confirm that they wiil be present by having them each sign an enclosed copy of this letter and returning it in one of the enclosed, self --addressed envelopes. Thank you for your courtesy and cooperation. Very} truly yd rs,. 1 ' Ronald F. Sceg'lio RECEIVED CITY AT70RNEY rIT%1 ..1 �nr f r. rAhl l f� AUG 13 1�81 AM PM 718191W'011211121314 it,514.1 DONALD A. RUSTON EDWARD M. NANCE. JR. RONALD F. SCEGLIO J. V. EITEL ROBERT W. CAS1LCOCrig" LAVI OFFICES RUSTON & NANCE i1R5T STREET AT FASHION LA1/E III FASHION LANE P. 4. L30x 2220 TUSTIN. C:ALWOANIA 92G00 1714, .-l2-2i'?0 September 2, 19dl City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Alicia M. Wentworth City Clerk Re: SOMMERS vs. CITY OF HUNTINGTON BEACH Our File No: 78-352/R Dear Ms. Wentworth: TEROY L. SORENSEN JOAN C, SPUR►IE" DAVID J. FULLCR LEE P. O'CONNOR J. KEVIN MACAM CArHERINE L. MARTINr-Z As you know, the depositions have been scheduled of Mr. Tom Blackburn and Mr. Ulrich Stenzel for October lst in the above referenced case. We had indicated to you in our letter of August 7th that the plaintiffs' attorney had requested the production of a groat number of documents, and we sent you a copy of that Notice to Produce requesting your advice whether the witnesses would be able to bring those documents to the deposition with them or whether we should advise plaintiffs' attorney to review the documents at the City Hall. Unless we hear from you to the contrary, we will assume that the documents will be brought to the deposition aG requested. Ver-y--t;uly yeu,:Vs, ald F. Scegli RFS/nm • .�.� City of Hunfington reach • • R.O. Box 1� fi.:Ad..I�FOR��tA 928� r OFFICE OF TIR CITY CLE R IZ . January 7, 1980 TRA-NSFER OF ORIGIMA.], CLAIR FILES TO CITY ATTORNEYI9 Oi IMI CLAIM # 78- 5 78- 7 78-11 78-12 78-22 78-25 78-34 78-37 78-39A 78-48 78-52 I8-54 78-56 78-57 78-60 78-63 78- 71 78-72 78-82 78-83 78-88 78-89 78-93 78-94 78-95 79-99 78-101 78-105 78-107 78-106 73-1-12 78-113 78-116 78-126 78-127 '7Q_ : 7A CLAIM CLAIM 78-1:?1 79-111 78-144 79-35� 78-149 79-59' 78-151 79-63" 78-156 79„68•i 78-159 75-70" 78-172 79-•97/ 78 -173 79-98-j 78-174 79-12 1" 78-176 ry,}• AT f 00! RECEIV DATE: l 2 3 4 6 7 8 9 10 yl 12 13 14 15 16 17 18 19 20 21 22 23 21 25 26 27 28 NOTICE IS k1JRTM GIVEN that said deponents are. req?aested to produce, at the respective times, datL and place of the taking of said depositions, puresu to Code of Civil Procedure Section 2019(a) ( 5) acid 2..031, the originals, or if t1m originals are wzaval.lable, the best available copies, of the following described documents, to the extent that they are in the deponents' personal possession or that of any agent, eynployee, investigator, or attor i-ey of defen- dant CITY OF HUMNMW BEACH: 1. All `correspondence, inter -office notes, memoranda, and writings of kind pertaining to the issuance of di arry pe nRg gra ng, construction, or excavation permits to C.W. foss Co. for the Gothard Street improvements and storm drain rnroject during the calendar years 1976 and 1977. 2. All correspondence, notes, and written memoranda of any -kind by any agent or representative of t City of NeWrt-.Beach- or .to. any agent or -representative of plaintiffs regard. g the construction of the Gothard Street improvements and stci-n dra_{.n project at,, any time prior to, contemporane-ais with, or subsequent to said construction. 3. All correspondence, notes, and written memoranda of any kind by any agent or representative 'of the City of Huntington :feach and any outside wnsul- tans t, soils engineer, land sirveyor, or- exNrt of any kind regarding construc- tion of the Gothard Street fmpratierrrents and storm drain project that is the subject of this action. 4. Copies of all inspection reports rrrada by any representative of the City of Huntington Beach or outside consultant retained to inspect the property at which the subject Gothard Street improvements and storm drain project was tol to constructed, plaintiffs' property, or the property ium--diately adjacent to plaintiffs' property to the north. 5. All records in the possession of the City of tUitington Beach pertain ing to the original construction of Gothard Street at the location of the -2- 17 l s. ,� . �► Gothard Street improvements and storm drain project that is the subject of this action. 6. Copy of the Contract entered `into between City of rfiikiigton' Beach and C.W. Pass, Inc. kor the Cothard Street improvemants and storm drain pro-- ject that is the subject of this action. 7. Copies of all•records, correspondence, or memoranda of any kind re- flectirg any remedial action taken by, defendant CITY OF HUNTINMW BEACH to prevent further flooding to plaintiffs' property followtrg The floodirZ that is the basis of this action. 8. To the extent not covered in the previous iten s, • the entire "file" of the City of 1+.mtingtan Beach on the Gothard Street improvements and storm, drain project that is the subject of this action. the foregoing requested documents are material to the issues in this act. and good cause exists for their production, in that this is an action for riuisamc, negligence, and inverse condemnation•against the City of Huntington Beach, and the requested doo~i nts constitute the best evidence of acts and ortd.ssions of the City in regard to the damage to plaintiffs' property as alleged. DATED: May 19, 1981 AL.VIN M. COEN 1 2 3 4 •0 6 8 9 10 11 12 13 14 15 l6 17 18 19 20 .21 22 . 24 26 26 27 AN • • WILLIAM M. CROSBY, A LAW CO"ORATION BY: A Attorneys for Plaintiffs -3- ti I LAW OFPICE:S RUSTON & NANCE !� 0014ALD A. RU5. ON rIRST STREET AT FASHION LANC TEgPY L. S,ORENSEN EOWARD K. 1JANC . JR. III FASHION LANE JOAN C. SPUnNEt RONALD i SLEOLIU - P. O, [!OR 2220 DAVID J, FULLEn C i' J. V. CIi6L Ltf_ P. O'CONNUR ' nOsERT W.CASTLEUCRR� TUSTIN, CALIFORNIA 92Ge0 J. KEVIN MACKIN (714) e32-2220 CATNERINE A. MtRTINEZ August 7, 1981 i City of Huntington Beach P. O. Box 190 Huntington,Beach, California 92648 Attention: Alicia M. Wentworth City Clerk Re: SOMMERS vs. CITY OF HUNTINGTON BEACH Our File No: 78-352 Dear Ms. Wentworth: The plaintiffs' attorney has recently requested the depositions of Mr. Tom Blackburn and Ulrich Stenzel in the above referenced case, and these are currently',et for October 1, 1981. We havE also been served with a Notice to Produce Documents at the time of the depositions and we are enclosing a copy of the list of documents which are requested to be produced. Looking through the list of documents requesteId, it appears to us that ,it may considerabl_,burdensome to produce those at the time of the depositions. Shall we advise plaintiffs' attorney that he may review the documents at the City hall? Please advise. Very truly yourd, / Ronald F. Sceglio RFS/nm Enclosure RE��1 VED CITY q-rTdRNEY T Tr1N nr, Al ��� 7113,9110�11�1��1�2���� rj.. a C: Gothard Street Improvements and Storm Drain Between Warner Avenue and ',E 1 (1's Avenue All in The City of Huntington Beach, California United States Defpartm6n't of Commerce Economic Development Admi'nstration Project No, 07•-01 -01446 City of Huntington Beach, California Cash Contract No. 267 January, 1976 HUNtINGTO1`4 BEACH kr'� a 0 r ,C 0 S P E C I F I C A T 1 0 N S And S P E C I A L P R O V I S I O N S For THE ; CONSTRUCTION ; OF HIGHWAY„ IMPROVEMENTS ON GOTHARD STREET BETWEEN WARNER`AVENUE AND ELLIS AVENUE, ALL IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. CC #267 E. D.A. Project # 07--01-01446 Prepared By The City of Huntington Beach Department of Public Works January, 1976 $25. 00 Charge Non -Ref u,q'dab 1 e Approved by H. E. Ha'rtge Director of Public Works City of Huntington Beach SPECIFICATIONS AND SPECIAL PROVISIONS SECTION I. DESCRIPTIOM OF WORK • The work .: to be done..entails the construction and re constructionof highway improvements, consisting of, but not limited to, the following items: The removal, salvage, disposal, relocation, and/or protection in:place of existing facilities, both_.,public and private; ex- 'A cavat ' ion, embankment, backfill, compaction, and disposal of surpl'us material;.. the contiuction .of- highway improvements includ-- ing,:�sidewalk, driveways, curb and gutter, A.C. paving and related work; construction of storm drain facilities; traffic signal modification; and the performance of all other work neces- sary for the construction of a completed work. SECTION II. SPECIFICATIONS Th& term "general conditions."1 when hereinafter used, shall be interpreted as'meaning, and be synonymous with the general condi- tions, Construction Management Division, Office of Public Works, Economic Development Administration, U.S. Department of Commerce, dated July, 1974. The term "State Standa ,c, " rd Specf icatons ,;,when hereinafter used, shall,be interpreted as meaning,.and be synonymous with the Standard Specifications of the State of California, Department of Public Works, Division of Highways, dated January, 1975. The term "general requirements", when hereinafter used, shall be interpreted as meaning, and be synonymous with the general re- quirements of the City of Huntington Beach, California. In case of conflict between and/or among the "General Conditions", ".State Standard Specifications", "General Requirements", and these Special Provisions, the "General Conditions" shall take precedence over and be used in lieu of such conflicting portions. SECTION III. PLANS The work to be done under this contract shall comply with the improvement plans, and said plans form a p;.:rt of the contract documents and are on file in the office of the Director of Public Works. The contract documents shall consist of the following 14sted items: 1. Improvement Plans 2. Applicable sheets of the City of Huntington Beach Standards. 3. Specifications, Special Provisions, and General Requirements. 4. Specified manufacturers details and installation instructions. • SS-1 5. All specified or required shop drawings. 6. Proposal. 7. The cor'�tract and/or agreement. 8. The contractor's bonds and insurance certificates. 9. Requirements of any public utility service company directly affected by the work herein described. 10. Requirement of the necessary permits from other public agencies. SECTION'IV.. TESTING �k ttw".testing:"•of any materialsor of any portion of the job 'under The construction shall be.at.theoption of the Director of Public Works.,, -or his authorized -agents. The 'contractor shall furnish, without cYia;,ge, any��materials requested £or testing in accordance eon 6;;of the State Standard Specifications. The con- tractorsh a11^,also provide access to any, of the job for test ng - purposes , and sha7.1. furnish, without cost, any assistance necessary to perform the testing. The charges for normal testing will. be paid'• by the City of Huntington Beach. NoIrrnal testing shall be deemed to be the'testirg as required by the State Standard Specifications and/or the inspector. Extra testing required, due`'to.test failures, will be at the contractor's expense, either as a billing or as a deduction from contract payment. The contractor shall notify the Director of Public Works of the read.;ness of any phase of construction to be tested and shall not proceed with any subsequent phase of work until the results of the test are known and approved. Testing shall be performed by a private laboratory, selected by the Director of Public Works SECTION V. INSPECTION The contractor shall�reco' ' gnize the Director of Public Works of the City of Huntington,Beach,as the project engineer who shall be in charge of and authorize the inspection of the project. The contractor shall provide access at all times to any area of the project for inspection purposes and shall furnish, without cost, any assistance necessary to complete required inspections. A 24-hour notice shall be given prior to commencing the project, and during construction of, the constractor shall give due notice, satisfactory t�. the inspector, of the readiness of any phase of construction to be inspected and shall not proceed without approval. SS-2 i 0 KI i • a 0 0 0 • r� If the contractor ;elects to .,work under, this con;tract more than 8 ira/day or more than 40 hrs/week, he shall arrange with the -ity's Chief Inspector for the required inspection , service and 'pay the Special Inspection fees which will be charged at the following rates: 4 hrs. or less/day $ 60.00 4 hrs. to 8 hrs/day $120.00 When Special Inspection is required, the contractor shall notify the City and pay inspection fees 24-hours in advance. If the • contractor is directed by the City to work under this contract more than 8 hrs/day or more than 40 hrs/week, the Special Inspec- tion fee requirements will be waived. SECTION VI. PERMITS The.contractar shall obtain from the State of California the IN, Industrial Safety permits required for the various construction items. The contractor shall pay for all permits required by the project. SECTION VII. DESCRIPTION OF JOB SITE The working area of.the project shall consist, in general, of portions of the rights -of -way of Gothard Street, between Warner Avenue and Ellis Avenue, all in the City of Huntington Beach. SECTION VIII. TRAFFIC CONTROL r This work shall consist of providing for, and maintaining pro- visions for, public traffic through the construction area at all times, unless otherw:.�.e specified in provisions shall be in ac- cordance with Sectic..i 4--1.04, 7-1.08, 7--1.09, 7-1.095, and 7-1.12 of the State Division of Highways. All construction,signing`shall be in. -accordance with Section 771.09 of„the State Standard Specifications which refer to the current Manual of Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways, issued by the Department of Public Works, Division of Highways, State of California. SECTION IX. NOISE CONTROL The construction site is located adjacent to residential areas. Therefore, the contractor shall take all necessary steps to limit -'.-.he amount of noise emitting for construction equipment used. -In addition, working hours shall be restricted to between the hours of 7:00 a.m. to 6':00 p.m. SECTION X. PROTECTION AND/OR RELOCATION Or UTILITIES A. General 40 Utilities for the purpose of these specifications shall be considered as including, but not limited to, and irrespective of ownership, pipelines (including irrigation lines), conduits, transmission lines, and appurtenances of public utilities as i SS-3 def fried the St .. Eh" Publicate of, California,, in t and those of private a.n . solely ,• r - ear tenants; for r.their . own: use or for useyof their , sanitar sewe.�s, street- lighting , f. _affa.c sa.'gnal Y, g g dysi.ems,.duct srains, banks, telephone cables, transmission cables, and completely buried structures. No attempt has,been.made to,show.service connections on the plans..It shall be the responsibility of the contractor to determine`the:exact location of all utilities and their service connections. The contractor shall make his own in-• vestigation as to`..the location and type of existing utilities • and their appurtenances and service connections which may be affected by the contract work and shall notify the City as to any utility located by him which has been incorrectly shown or omitted from the drawings. Work re 'u q iced in connection with utilities because of inter- fer'erice with contract work will_beperformed and paid for as ,specified in the following paragraphs; however, when directed or approved by the Director of Public Works, changes in 'line or grade of any structure being built may be made in order to avoid utilities. Any additional costs because of such changes will be paid for as extra work. B . By the' City as specified When it is stated in the Special Provisions or indicated on the drawings that a utility is to be relocated, altered or reconstructed by other than the contractor, the City will con- r duct all negotiations with the owners in respect to such work and the work will be done at no cost to the contractor. C. Bvr'the'Contractor as Specified peen work on a utility is not specified or indicated as City sponsibility on the drawings and is not included as a separate bid item, the contractor shall make all arrangements and coordinate with the owner of the utility as to when the work is to be done. Any costs for such work shall be absorbed in the unit prices 40 or included in the lump sum amounts Y4d for the various contract items. D. By the Contractor -service Connections The alteration or temporary relocation of all service connec- tions (including but not limited to: water, irrigation water, sewer, natural or manufactured gas, underground and/or over- head telephone and electrical) on adjacent property shall be the responsibility of the contractor. No attempt has been made to show service connections on the plans. The contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections, except when specified in the deta',ed specifications that the utility owners will make no charges for the work, shall be absorbed in the unit prices or included in the lump sum amounts bid for the various contract items. i SS-4 E. B. �th'e`Co`ntractor. or by 'Othe`rs= Un�.riown bytes -,-Disclosed Dur n Contract'Work (Not IncludinService Connections). i that a utility, -,is disclosed. . n the event ed or installed subsea- quent' to the'�award -`of ccntract, such utility not 'being indicated i :e on. the ' drawings, the alt - ration', ' relocation or proper support and protection shall be''done and paid for as follows: . .. ,•, , . Y ,." ' ..Upy he space required a. hen said unlit a s found to occu t to be occupied. by a part- of the permanent works. to be constructed under the contract, or to be within the r specif ied excavation pay lines (when such are specified or shown on the drawings), the City will arrange for the relocation or alteration of said utility or require the contractor to do same as extra work. b. Utiliz"ies found to cross the excavation but not'inter- • ceptiig' the perianent works to be constructed, then the contractor will berequired to maintain the utility in place at his own expense. C. en said utility is more orLess parallel with and any portion,.of it does -not lie within the excavation pay lines (when:.such are specified or shown on the drawing) , the . and, in coopera- tion with the owner of the utility, provide and place the ndgess.ary support for proper protection to insure continu- ous and safe operation of the utility. All costs for y such work shall be borne by the contractor. F. Res ponsibilit of the 'Contractor The contractor shall be held responsible for all casts for the repair of any and all damage to the contract work or to any utility (whether previously known or disclosed during the work), as may be caused by his operation's. Utilities not shown on the drawings to be relocated or altered by others shall be maintained in place by the contractor. At the completion of the contract work; the contractor will leave all utilities and appurteriances in a condition satis- factory to the owners and the City. SECTION XI. NOTICE TOCONTRACTOR Bidders must satisfy themselves by personal examination of loca- tion of the proposed work and by such other means as they may prefer as to the actual conditions and requirements of the work, and shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the nature oA amount of work to be done. SECTION XII. OUTLINE OF SPECIAL PROVISIONS -- CONSTRUCTION DETAILS * The Special Provisions for this contract are grouped into separate schedules in order to categorize the varied work items. The Special Provisions for the below listed schedules will be herein- after following: e SS-5 Schedule Existing Facilities B. Highway Improvements. C. Storm'Drain Improvements D . Miscellan' dous Improvements E. General Phasing and Traffic Control F. Measurement and Payment itions of work items.descri ta.on may occur in one or more h s and s �hedul'e may be appare however, dite'ncanfurther for emphasis on the particular for clarificatare ons of work requirements, or for correlation of related construction. requirements for a completeVwor'k1 andetheeS ecial1se ProvoSposite p ons of each schedule shall � be considered included and a part of each other schedule. • R a • SS-6 M 7J • • C. 0 �7_1 6 0 a SCHEDULE A EXISTING FACILITIES SECTION I. DESCRIPTION OF WORK The work to be performed under this schedule consists, in general, of the removal,.salvage,, disposal, relocation, and/or pratection in place of existing highway and non -highway facilities, both public and private, as indicated on the improvement plans and/or specified hereinafter. SECTION II. SPECIFICATIONS All work,to be done under this schedule shall be performed in accordance with Section 7, 8, la, 15, 16, and 17 of the'State Standard Specifications and with these Special Provisions. SECTION III. DESCRIPTI01t) OF GENERAL FACILITIES The facilities generally consist of, but are not limited to, the following: A. Public Utilities The City has made an exhaustive search of available records to determine the existence and location of underground facili- ties throughout the general construction area. The contractor, by submission of a bid for tnis project, shall beydeemed to be,aware of the existence of public utility facilities in close proximity to the w6rk, and shall provide all necessary precautions to protect the facilities in place. An and al.l ;re nests b the contra"Vtor for any utility company Y q Y to,,brace, hold, relocate, or de--ever9 iZe any facility shall be considered to be for benefit of the contractor to complete the work and costs, therefore, shall be the contractor's responsi- bility and no additional compensation will be allowed. The major companies hGv-Lng facilities in the are, -.of the proj- ect are Southern California Edison, General Telephone, and Southern California Gas Company, municipal water, sewer, storm drain facilities, and various oil companies. A. Street LicrI,it Conduit The contractor shall contact the City maintenance electrician prior to excavatLo"hs to determine approximate locations of street light conduit. The contractor shall manually open ditch to expose the conduit at each location and shall exercise all possible care to protect in plane. in the event a conduit is cut, crimped, or damaged, the contractor shall repair or cause to be repaired and pay.all costs. Repairs must be made from pole to pole, approximately 300 feet, due to splices not allow- able in these type systems. SS-7 C. Traffic Control Devices Miscellaneous traffic control signs,. signs, reflectors, 'g , p 'g highway markers as found street. name s�. ns stop signs, and the to be existing in the field and/or indicated ort the improvement plansor as directed by the engineer. Maintain regulatory and warning signs in place until relocated. S3." ns or markers whic r ` A or delivered to g elocat..d ' y with' -due care toprotect 'the the'' Cit Yard shall be .'removedb signs and post. The contractor, shall be required to replace,, with new material at his own expense, any sign or post damaged i by.,his negligence of careful operation. Signs to be relocated shall be stored until the proper time arrives For reinstalla- tion. All work shall be performed as with new signs including cleaning and repainting the post. D. Miscellaneous Facilities This work siialle:consi'st of furnishing all labor, material, and ve, salvage, dispose, and/or relo- euimeat,necessary. to remo q 'p �r cate miscellaneous facilities found to be existing in the field and%or . specified_ Herein:. Work shall be done in accord- ance with Section 15 of the Stiate,Standard Specifications. Facilities which interfere with the work that are to remain in place upon completion of the project shall be carefully re- moved, stored and roplaced during clean-up operations. E. Man holes anholes to.,be adjusted to grade shall be raised or lowered and adjusted in accordance with Section 1.5-2.05A of the State Standard Specifications and with the following Special Provi- sions. The.:manhole adjustment work shall consist of removing the ring and covers and portions of the manhole cone or shaft within the structural,,prism of the roadbed, and placing a metal cover over the manhol"es'until the resurfacing is completed. After resurfacing, and'prior.to seal coat, the manholes shall be brought to grade, using approved concrete rings and mortar, with as'neat an excavation as possible, and the area remaining void, after the ring and cover are set, shall be patched with the same mix of asphalt concrete as the street surface. i Orange County Sanitation District manholes shall be raised or lowered and adjusted to grade in accordance with Orange County Sanitation District Specifications. The contractor shall furnish and install new ring and covers, conforming to the Huntington Beach Standard drawings or in accordance with the O.C.S.D. Standards, on each manhole within the project limits. r Salvage value, if any, or the old ring and covers shall belong to the contractor, or disposal shall be performed in accordance with Section 7-1.13 of the State Standard Specifications. General Telephone vault manholes will be adjusted to grade by their crews; however, coordination and cooperation is essential. SS-8 6 F. Water Valves ; s to be adjusted tor, grade shall include: only :, the ` , v existi..ng�valves within the construction area. This adjustment work 'shall consist of tying out the valves,, removing and storing- t'he. frames, cover's and cans until the. asphalt .. is' completed. After the aspYia].t concrete paving is completed, and prior to the.'seal coat application, the valves shall be relocated, brought to grade using as small and neat an ex- cavation as possible and using the materials specified in the water main Special Provisions, and patching"the remaining • void with the same mix of asphalt concrete as specified for the street surface. G. Asphal't Concrete Removal Asptialt:'concrete pavement removal, a's indicated on the im- provement planer shall be removed from the job site and dis-- posed,of in accordance with Section,15 and 7-1.13 of the State Standa`id'Specifications. Removals which'occur adjacent to pavements which are to remain in place, shall be performed to.. as neatly ,trimmed saw -cut edge. The contractor w.' ll be allowed to elect a two step process, first by making an initial rough out by machinery or pavement breakers and second by performing the saw cutting immediately prior to laying down the planned asphalt concrete.work. The removal is estimated to be 3 to 9 inches in thickness; however, no additional com- pensation will be allowed should thickness prove to be greater, nor if subsequent layers of AC or PCC pavement are encountered. it H. P.C.C. Removals Miscellaneous Portland Concrete removals shall consist of furnishing all labor, material, and equipment necessary to shatter, crush, breakup, and reinforcing steel, load, haul, and dispose of the hereinafter listed items of removal work. This work shall be performed in conformance with Sections 15 and 7-1.13 of the State Standard Specifications and these Special Provisions. These removal items of work listed on the proposal and indicated in the plans are as follows: a 1. P.C.C. curb and gutter 0 2. P.C.C. slabs and driveways. I. Tree Removals Existing trees,as indicated on the plans to be removed, shall be removed from the job site and disposed of in accordance with Sections 7-1.13 and 15 of the State Standard Specifications. Removals shall include tree, stump, roots, leaves, branches, wood chips, cuttings, and all other associated debris. All tree stumps and other subterranean tree remains shall be completely removed. At no time shall a felled tree or debris be left unattended. Stump holes remaining at the end of a work day shall be guarded by barricades for the protection of the general public. SS-9 SECTION IV. DESCRIPTION OF -SPECIFIC FACILITIES More individual and specific items found to be existing within the project limits are as follows: A. Traffic.Signal They; existing traffic Gothard'Street shall Minor relocation of traffic loops shall signal facilities at Warner Avenue and be, in general, protected,in place. pole and base, and reinstallation of be dealt with as specified in Schedule D. B. A:C. Pile Removal The existing 8" A.C.pipe between Stations 0+45 and 3+65 shall be taken up and removed from the job site, including all pipe sections and related removal debris. C. Pipe Removal The existing 12" CMP and temporary inlet at Stations 5+75 and 41+30 shall be taken up and removed. D. 18 CMP Removal Existing 18" CMP shall be taken up, removed and delivered to the City Yard. Associated temporary inlets shall be disposed of. E. Shrub Removal Existing shrubs and hedges indicated on the plans to be re- moved and disposed of in a like manner described under Schedule "A--III-I". F. Post, Fence, Block Wall, Mail Boxes Removal Prior to_award ofcontract the City will contact by letter those property owners abutting the Gothard Street who have fences, posts, blockwalls and/or mail boxes within the right of way in an attempt to have those encroachments set back, relocated, or otherwise removed. The contractor shall re- move all fences, posts, and blockwalls as indicated on the plans and as found to be existing at the time of construction. G. Fire Hydrant Relocation The fire hydrant at the southeast corner of Slater Avenue and Gothard Street shall be relocated per the directives of Schedule D. H . Fire Alarm Box The fire alarm box at the northeast corner of Talbert Avenue and Gothard Street shall be relocated per the directives of Schedule D-III--A. SS-10 i E. 40 • 0 i to 9 0 SCHEDULE B STREET IMPROVEMENTS SECTION'I. DESCRIPTION OF WORK Furnish all labor,;materials, and equipment necessary for the,,: construction of the following`: excavation, embankment, grading, and 'compaction; placement of asphalt, concrete, pavement , including aggregate base, asphalt concrete, li.qu�id prime coat, seal coat, and paint binder coat; A.C. berm, P.C.C. curb and gutter, curb, • cross gutter, and driveways; and miscellaneous related street work. SECTION II. SPECIFICATIONS The work hereunder described shall conform to Sections 4, 71 10, 16, 17, 19, 26, 37, 39, 86, 90, and 91 of the State Standard Specifications and to these Special Provisions. SECTION III. CONSTRUCTION DETAILS A. General i Attention is directed to Schedule A. "Existing Facilities" for description of existing facilities to be found in the field, and to the improvement plans for clarification. B. Clearing and Grubbing • Clearing and grubbing shall consist of removing all objecticn-- able material from the right--of-way and shall be done in accordance with Section 16-1.01 to 1.04 of the State Standard Specifications. C. Watering Watering shall consist of furnishing and applying all water required for the compacting of original ground, embankment materials, base material, and for laying dust caused by grading operations, and shall be.,done,in accordance with Section 10-1.01 and 17-1.02 of the State Standard Specifica- tions and shall include the development of water supply. a The contractor shall make arrangements with the Huntington Beach Water Department for locations to get construction water. Payment for water and the method for measurement must be arranged for prior to taking, .any water from the Huntington 0 Beach system. Any fire hydrant used for service must be supplied with an approved eddy valve and inspected by the Water Department before actual use. Final acceptance of the project will be delayed until the Director of Public Works has confirmation from the Water Superintendent that the contractor has made payment for all water supplied from the ® City system. r, SS-11 D. Excavation and Grading vat�ion and riding shall cons ' ist of all excavation and embankment involved in the grading and construction of the roadway, except structure excavac,ion, ditch excavation, and any excavation separately designated, .sand shall. be done in accordance w Ith"Section 19-1`, 19-2, and 19-.6 of the State Standard Specification's, excluding the compaction reIquire- ments which shall be subsequently covered in these Special Provisions. Surplus excavation materials shall be disposed of in accordance with Section V of Schedule E. E. Embankment Embankment construction shall consist o ,",. f constructing road -- way embankments, including the preparation ':of the areaupon which they are to be,placed; the placing'a'nd compacting of approved material within roadway areas where unsuitable; material has been removed; and the placing; and compacting of embankment matel riain holes, pits, and other depressions within the roadway area and the construction of dikes, and shall be done in accordance with Sections 19-1 and 19-6 of the State Specifications, and in accordance with Subsection D. F. Compaction Unless otherwise specified by the Director of Public Works, backfill or roadway shall be compacted in accordance with Section 19 of the State Standard Specifications to at least 90% of maximum density. The maximum density shall be estab- lished in accordance with ASTM Method D-1557-70. See sub- saction G following. G. Basement Material This work shall consist of subgrade preparation and of the original ground, and shall be done in accordance with Section 19 of the State Standard Specifications, with the following exceptions: The provisions in Section 19-5.03 of the Standard Specifica- tions are superseded by the following: When the original ground within 0.5 feet of the grading plan and for a width equal to the width of the grading plan has a relative compaction of less than 95 percent, the subgrade shall be prepared and compacted in accordance with the provi- sions of 19-5.03 of the Standard Specifications. When the original ground in the shoulder areas within 0.5 feet of finished grade has a relative compaction of less than 90 percent, said areas shall be compacted to a relative compaction of not less than 90 percent. The relative compaction of all embankment areas including shoulder areas shall be not less than 90 percent, in lieu of the provisions in Section 19-6.02 of the Standard Specifica- tions requiring not less than 95 percent relative compaction with -In 2.5 feet of finished grade. SS-12 i • • 0 E 40 0 0 0 40 H. Aggregate Base Class `3 aggregate base shall confor , 'm to the .provisions for Class 2.aggregate.base 1--1/2 maximum as specified in Section 26 of the State Standard Specifications and these Special. Provisions. At least 65 percent, by weight, of the material retained on the No. 4 sieve shall have at least one fracture face as determined by Test Method No. California 205. Sieve Size Percentage Passing Sieve 100 3/4" 90-100 No. 4 35-55 30 10-30 200 2-9 Sand equivalent by Test Method No.'California 217 shall be 30 minimum. The R-value requirement will -not be waived as.provided, in Section 26-1.02A and,B,of the,Standard Specifications. The provisions of Section 26-1.035 of the State Standard Speci- fications are superseded by the following: At the time aggregate base is spread, it may have a moisture content sufficient to obtain the required compaction. Such moisture shall be uniformly distributed throughout the material. The,,,grading limits shall be 1-1/2 inch maximum or 3/4-inch Q maximum, at the option of the Contractor. Changes from one grading to another shall not be made during the progress of the work, unless permitted by the Engineer. In1. lieu of the spreading requirements specified in Section 26, as al shall be spread upon prepared subgrade aggregate Lase material means :_of approved s reading , devices which will, deposit a p uni'forin windrow or layer,,.and, after spreading as above specified, ;:he material shall be shaped to the requirements of Section 26 of the State Standard Specifications. Motor graders.. may be used for the aforementioned shaping, tailgate spreading by dump trucks.of the material will not be permitted except for spot clumping and in areas not readily accessible to approved spreading devices. �:. Prime Coat Prime coat shall consist of furnishing and applying a prime coat of liquid asphalt to the surface of the aggregate base, and shall be done in accordance with Section 39 of the State Standard Specifications. Cy SS-13 The material placed shall be liquid asphalt of Grade MC-2501 and shall be applied at the rate of 0.20 gallon per square yard or as directed by the engineer. J. Paint Binder aa.rit binder shall consist. of furnishing, and , applying a paint ., 61,nder .-_of asphaltic emulsion to "the. surface of all existing p.�vement to be„ ra.- ur faced, to all, vertical surfaces, bf, exist- ng,pavement and'construction joints, and to the surface of the, -.first course of asplaltic concrete to be, placed: under this the.,event both Lit p contract In th - is of as`haltoconcrete are place;d,on the same day;_then that area Will .n t require the a aint pplication' of p binder to the new surface of the first . ; "� .All a caourse..�. pplications of paint. binder shall be .plape'd in aacordanee,.with Section 39 of the State Standard S cations. The, maternal `placed shall be the' 'Mixing type emulsion and the bituminous base nor the emulsion shall be paving asphalt of Grade 60-70 and shall be applied at the rate of 0.10 gallon per square yard or as directed by the Director of Public Works. K. Asnhalt'Concrete AspYhalt concrete shall consist of furnishing, spreading and compacting asphalt concrete in conformance with .`-he lines, grades, and dimensions shown on the plans, and shall be done in accordance with Section 39 of the State Stanard Specifica- tions. The material placed shall be Type B asphalt concrete using paving asphalt of 85--100 penetration as a binder in conform- ance with Section 92 of the State Standard Specification. The amount of asphalt binder to be placed with the mineral aggregate shall be 6% by weight of the dry mineral aggregate. The provisions in Section 39-2.04A and 39-2.04B of the Standard Specifications are superseded by the following: At least 75 percent, by weight, of the material retained on the No. 4 sieve shall have at least one fractured face as determined by Test Method No. California 205. Aggregate, grading requirements for base coarse may be either 3/4" maximum (coarse) or vase coarse as specified in Section 39-2.02 of the Standard Specifications. All three and four inch thickness asphalt concrete shall be laid in.twc courses of equal layers and shall be spread compacted with a self propelled asphalt paving machine capable of spreading and vibrating a width of 12 feet. The grading for the travel lane asps -aft concrete shall be 3/4" maximum. Each lane of the top courae (surface course) shall be placed continuously between termini as directed by the engineei. Approved tow -type pavers and spreaders may be used at con -- tractor's option as follows: 0 SS--14 a. On local. street where the length of reduired,permanent paving does not exceed 100 feet and for a width on one- half street only. • b. on'arterial'highways where the. length of required perma- nent pavingdoes not exceed 100 feet and a width ,of 10 feet iri the lane- adjoining the curb and gutter only. When tow -type pavin-g equipment is used, the following require- ments will. be enforced: a. All other requirements called for in the plans or City of Huntington Beach specifications. b. Riding quality of the pavement will be equal to machine spread requirements. c. Failure to place.'A.C. paving acceptable to the Department of Public Works,will result in rejection of the paving and the unacceptable work will be removed and replaced in an approved manner. It is,recognized that close control and skillful operation_ of the tow -type spreading equi.pmPrit can achieve satisfactory r t i.s, therefore, the contractor's responsibility .esuits. I in selecting this option to see that the quality o the paving placed on City streets is acceptable. i ,g q. ; P e provisions Rollin a ui m_nt shall 'con .o the r s of Section 39-5.02, 39-5.03 and.39-6.03 of the Standard Specifications, except 3-wheel rollers shall not be permitted and pneumatic rollers shall be used on base courses only. L. AX. Berms and Formed Siaails A.C. berms and hand formed 'swales shall be constructed in accordance with Section 39 of the State Standard Specifica- tions and in accordance with sub -section K above. M. Seal Coat ! f�'furnl`shirig and applying a seal y. r coat 'of�bituminoaslbiridesiwithout screenin s and shall be 5 . a applied in ccordance.with Section 39 and 37 of.the State Standard Specifications. The material placed shall be a mix.tng type emulsion of Grade SS-1, and shall be applied at the rate of 0.10 gallons per square yard or as directed by the Director • of Public Works. N. P.C.C. Work Concrete work shall consist of constructing Portland cement concrete facilities at the grade and locations indicated on a the plans or determined in the field. Concrete fur construc- tion of the items of this 'Section shall be Class A. The con- struction shall be in accordance with Section 51., 52, 73 and. 90 of the State Standard, Specifications, the Huntington .Beach standards drawings, and the details and modifications indicated on the improvement plans. i SS•-15