HomeMy WebLinkAboutCalifornia Living - 1983-10-17W
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State of California,
SS:
County of ORANGE
On this 26TH day of MARCH , in the year 1984 , before me Notary of Public
personally appeared OWEN M. BROWN , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his (her) own name as Attorney -In- Fact.
r CFFIC?AL SZ L
V!-. BARA J BENDER
n+ I NO7Ai<y PUBLIC - CALIFORNIA
:.
UIANCr COUim
15, 1_"•
My Commission expires .19
BDU-1818 ED.6/82 (CALIF.)
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Mi-4NTENANCE BOND Bond No. U 50 09 -90—A
EXECUTED IN TRIPLICATE
UNITED PACIFIC INSUR.&NICE COMPANY
HOME OFFICE, TACOMA, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS, that we C_ALIFORNIA LIVING
as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held
firmly bound unto THE CITY OF HUNTINGTON BEACH, CALIFORNIA
as Obligee, in the full and just sum of EIGHTEEN THOUSAND, NINE HUNDRED SIXTY SEVEN & 50/100THS-
----------------------------------------------------- _Dollars ($18,967 .50 ),
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract withTHE CITY OF HUNTINGTON BEACH, CA
dated OCTOBER 17, 1983 for CC 609; RECONSTRUCTION OF PORTION OF PACIFIC COAST
HIGHWAY OFF —ROAD BIKE TRAIL
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of ONE year(s) after approval of the final estimate on said job, by the owner, against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on FEBRUARY 21, 1984
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ONE year(s)
from the date of approve! of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
appear that defective materials were furnished thereunder, then this obligation shall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and sealed this 26TH
Witness:
A_ .cO ED AS TO FORM:
a GAIL HUTTON
City Attorney
BDU-23 tEDQ7 1 City Attorney
day of MARCH , 1984
CALIFORVIA LIVING
BY:�
Principal
UNITED P I COMPANY
By•
OWE ROWN, Attorney -in -Fact
State of California,
SS:
County of ORANGE ,
1"
On this 26TH , day of MARCH , in the year 1984 before me Notary of Public
personally appeared OWEN M. BROWN , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his (her) own name as Attorney -In -Fact.
OFFICIAL SEAL
` RA"BABA J BENDER
6 ?•' N011ARY PUBLIC CALIFORNIA
c";tl^,_ COUNTY
fS7 carisi. un: res JUN 15, 1---: -
My Commission expires , 19
BDU-1818 ED.6/82 (CALIF.)
_MAINTENANCE BOND • Bond No. U 50 09 90-A
EXECUTED IN TRIPLICATE
UNITED PACIFIC INSTTRANCE CQmPANY
HOME OFFICE, TACOMA. WASHINGTON
KNOW ALL MEN BY THESE PRESENTS, that we CALIFORNIA LIVING
as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held
firmly bound unto THE CITY OF HUNTINGTON BEACH, CALIFORNIA
as Obligee, in the full and just sum of EIGHTEEN THOUSAND, NINE HUNDRED SIXTY SEVEN & 50/100THS--
______________________-Dollars ($18,967,50
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns, jointly and severally, firmly by these presents,
WHEREAS, the said Principal entered into a contract withTHE CITY OF HUNTINGTON BEACH, CA
dated OCTOBER 17, 1983 for CCU RECONSTRUCTION -OF -PORTION OF PACIFIC COAST
HIGHWAY OFF -ROAD BIKE TRAIL
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of ONE years) after approval of the final estimate on said job, -by the owner, against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on FEBRUARY 21, 1984
_ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ONE year(s)
from the date of approval of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
appear that defective materials were furnished thereunder, then this obligation shall remain in full force and
^� virtue,.otherwise this instrument shall be void_
- r'- Signed and sealed this 26TH day of MARCH 19 84
Witness-
CALIFORtJIA LIVING
BY -
1 0 r 8.rud: .: ` �'-'' I ' `� Principal
=3' Att=�`: '�'=JI_� �1 UNITED I COMPANY
;Y� ✓' c/F�V�j+� - i WN Attorney-:n-Fact
BOU-2308 ED- 7-77Y Attorney "
State of California,
` SS:
,+County of ORANGE
On this— 26TH day of MARCH in the year 1984 before me Notary of Public
personally appeared OWEN BROWN , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney- In- Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he {she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his {her) own name as Attorney - In - Fact.
� ' 1'•:, .^BRA J BENDEP r
Iq
My Commission expires 19
eDUA818 FD 6/82 (CALIF.) Ngtary Public i o or Said County
f,
M INTE.NANCE BOND • ! Bond No. U 50 09 90-A
EXECUTED IN TRIPLICATE
UNITED PACIFIC INSURANCE CQ�PANY
HOME OFFICE, TACOMA. WASHINGTON
KNOW ALL MEN BY THESE PRESENTS, that we CALIFORNIA LIVING
as Principal, and UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, as Surety, are held
firmly bound unto
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
as Obligee, in the full and just sum of EIGHTEEN THOUSAND, NINE HUNDRED SIXTY SEVEN & 50/100THS-
-------------------------------------------------------Dollars(saG,967.50 1,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successors and assigns,-jointly"and"severally;`firmly"tiy these present's.-,
WHEREAS, the said Principal entered into a contract withTHE CITY OF HUNTINGTON BEACH, CA
dated OCTOBER 17, 1983 for Cam: RECONSTRUCTION OF PORTION OF PACIFIC COAST
HIGHWAY OFF -ROAD BIKE TRAIL
WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of ONE year(s) after approval of the final estimate on said job, by the owner, against
all defects in workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on FEBRUARY 21, 1984
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ONE year(s)
from"the date of approval of.the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
appear that defective materials were furnished thereunder, then this obligation shall remain in full force and
virtue, Otherwise this instrument shall be void.
R
S
Signed and sealed this
i
Witness-
- AS Tp FORbd:
CAfL HUT10N
C:I tittorno.
City
At
BDu-2308 ED" 7.71
26TH
day of MARCH 19 84
CALIFORNIA LIVING
L ��ycf
BY: �' L.�E� G4'&17 . _.
Principal
UNITED P IC I OMPANY
By:
Oi�T , Attorney"in.Fact
r
C 609
STATE FUNDED PUBLIC WORKS CONTRACT
WITH CALIFORNIA LIVING FOR RECONSTRUCTION
OF BIKE TRIAL
THIS AGREEMENT, made and entered into on this day of
1983, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY," and WILLA PORTER, a sole proprietor
doing business as CALIFORNIA LIVING, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project
(herein as PROJECT) more fully described as the reconstruction of
a portion of the Pacific Coast Highway Off -Road Bike Trial --CC 609;
and
CONTRACTOR has been selected and -is to perform said work;
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant and
agree as follows:
1. STATEMENT OF WORK, ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at his own expense, all labor,
plant, tools, equipment supplies, transportation, utilities and all
other -items and facilities necessary to complete and construct, in
a good and workmanlike manner, PROJECT.
CONTRACTOR agrees to furnish all said services and
material contemplated and embraced in this agreement, and assume
loss and damage arising out of the nature of the aforesaid work
- 1 -
during its progress or prior to acceptance from the action of the
elements, and from any unforeseen difficulties which may arise or
be encountered in the prosecution of work, and for all other risks
of description connected with the work; and all expenses incurred
by or in consequence of the suspension or discontinuance of work,
except such as are expressly stipulated to be borne 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
accordance with the requirements of CITY under them for the compen-
sation set forth in its 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 actually
performed in accordance with the stipulated prices named in the Hid
Shee t.(s) .
2. ACCEPTANCE OF CONDITIONS OF WORK, SPECIFICATIONS
CONTRACTOR acknowledges that he is fully familiar with
all the terms, conditions and obligations of the Contract
Documents, as hereinafter defined, the location of the jobsite, and
the conditions under which the work is to be performed, and'that he
enters into this contract based upon his investigation of all such
matters and is in no way relying upon any opinions or represen-
tations of CITY. It is further agreed that the Contract Documents
are incorporated in this contract 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, will be and are
bound by any and all of said Contract Documents insofar as they
- 2 -
relate in any part or in any way, directly or indirectly, to the
work covered by this contract.
"Contract Documents" as defined herein mean and include:
A. This contract agreement;
B. Bonds for the work covered by this contract;
C. The CITY'S standard plans and specification, and
special contractual provisions, including those on file in the
office of the Director of Public Works of CITY and adopted by the
City 'Council of CITY and any revisions, amendments or addenda
thereto, the 1982 edition of Standard Specifications for Public
Works Construction, published by Builder's News, Inc., 3055
Overland Avenue, Los Angeles, CA 90U34, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee:
D. aid documents including the Notice Inviting Bids, the
Special Instructions to Bidders, and the Contractual Proposal;
E. The project plans, specifications, special provisions
and addenda applicable to the PROJECT. Anything mentioned in the
specifications and not indicated in the plans, or indicated in the
plans and not mentioned in the specifications, shall be of like
effect as if indicated and mentioned in both. In case of dispute
or inconsistency between any plan or specification, the matter
shall be immediately submitted to the Department of Public Works of
CITY, hereinafter referred to as "DPW," without whose decision said
' - 3 -
discrepancy shall not be adjusted by CONTRACTOR, save only at his
own risk and expense.
Should there be any conflict between the terms of this
agreement and the bid or proposal of CONTRACTOR, then this
agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the project within 10
calendar days after notice to proceed is issued, and shall
diligently prosecute it to completion 34 working days of the
execution of this contract by city, excluding delays provided for
in Section 16 herein.
4. TIME OF THE ESSENCE
Time is of the essence of this contract. CONTRACTOR
shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details, samples, and do all other
things necessary and incidental to the prosecution of his work in
conformance with the said progress schedule. lie shall coordinate
the work covered by this contract with that of all other
contractors, subcontractors and of the CITY, in a manner that will
facilitate the efficient completion of the project and in
accordance with Section 3 herein. CITY shall have complete control
of the premises on which the work is to be performed, and shall
have the right to decide the time or order in which the various
4 -
portions of the work shall be installed or the priority of the work
of other subcontractors and, in general, all matters representing
the timely and orderly conduct of the work of CONTRACTOR on the
premises.
5. CHANGES
CONTRACTOR hereby agrees to make any and all changes,
furnish the materials and perform the work the DPW may require
without nullifying this contract. CONTRACTOR shall adhere strictly
to the plans and specifications unless a change therefrom is
authorized in writing by the DPW. Under no condition shall
CONTRACTOR make any changes, either in additions or deductions,
without the written order of the DPW, and CITY shall not pay any
extra charges made by CONTRACTOR that have not been agreed upon in
writing by the DPW. CONTRACTOR shall submit immediately to the DPW
writtencopies of its firm's cost or credit proposal for changes in
the work. Disputed work shall be performed as ordered in writing
by the DPW and the proper cost or credit breakdowns therefor shall
be submitted without delay by CONTRACTOR to DPW.
b. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this agreement unless and until a
notice to proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant that the work site will be available on the date
the Notice to Proceed is issued. In event of a delay in
commencement due to such unavailability, relief to the CONTRACTOR
- 5 -
shall be limited to a time extension equal to the delay due to such
availability.
7. BONDS
CONTRACTOR shall, prior to entering upon the performance
of this contract, furnish bonds approved by the City Attorney: one
in the amount of one hundred percent (100%) of the contract price,
to guarantee the CONTRACTOR'S faithful performance of the work and
to warrant such performance for a period of one (1) year after
CITY'S acceptance thereof; and one in the amount of fifty percent
(50%) of the contract price, to guarantee payment of all claims for
labor and materials furnished. Such warranty shall apply to all
work done under this agreement, including but not limited to, any
worKmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after
notification by CITY of any defect warranted hereunder, may, at its
option, make appropriate repairs or replace the defective item or
items.
8. CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT
CONTRACTOR agrees to comply with all requirements and
utilize fair employment practices in accordance with California
Labor Code Sections 1410, et seq.
9. CALIFORNIA PREVAILING WAGE LAW
The CITY has ascertained from the Director of Industrial
Relations of the State of California the general prevailing rate of
per diem wages, and the general prevailing rate for legal holiday
and overtime work in the locality in which the work is to be
performed for each craft or type of work needed to execute this
contract, and the same has been set forth by resolution on file in
the office of the City Clerk of CITY. CONTRACTOR agrees that not
less than said prevailing rates shall be paid to workers employed
on this Public Works contract as required by Labor Code Sections
1771'and 1774 of the State of California. In accordance with the
provisions of Section 3700 of the Labor Code, CONTRACTOR further
agrees to secure payment of compensation to every employee.
10. CALIFORNIA PREVAILING WAGE LAW - PENALTY
CONTRACTOR shall, as a penalty to CITY, forfeit twenty-
five dollars ($25) for each calendar day or portion thereof for
each worker paid (either by him or any subcontractor under him)
less than the prevailing rate set forth herein on the work provided
for in this contract, all in accordance with Sections 1774 and 1775
of the Labor Code of the State of California.
11. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the Labor Code of the State of Cali-
fornia, regarding the payment of travel and subsistence payments,
is applicable to this contract.
12. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the Labor Code of the State of Cali-
fornia, regarding the employment of apprentices, is applicable to
this contract.
13. EIGHT HOUR LAW
In performance of this contract, not more than eight (8)
hours shall constitute a day's work and CONTRACTOR shall not
7 -
require more than eight (8) hours of labor in a day from any person
employed by him hereunder except as provided in paragraph 9 above.
CONTRACTOR shall conform to Article 3, Chapter 1, part 7 (Sections
1810, et seq.) of the Labor Code of the State of California, and
shall forfeit to CITY as a penalty the sum of twenty-five dollars
($25) for each worker employed in the execution of the contract by
CONTRACTOR or any subcontractor for each calendar day during which
any worker is required or permitted to labor more than eight (8)
hours in any one calendar day, and forty (40) hours in any one week
in violation of said article. CONTRACTOR shall keep an accurate
record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by CONTRACTOR in
connection with the project.
14. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll records
showing the name, address, social security number, work classifi-
cation, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice
or worker employed by him in connection with the project, and
agrees to insist that each of his subcontractors do the same.
CONTRACTOR further agrees that his payroll records and those of his
subcontractors, if any, shall be available to the employee or his
representative, the Division of Labor Standards Enforcement, and
the Division of Apprenticeship Standards, and shall comply with all
of the provisions of Labor Code Section 1776, in general.
4, 0
15. INDEPENDENT CONTRACTOR
It is further understood and agreed that the CONTRACTOR
is, and shall be, acting at all times as an independent contractor
herein, and not as an employee of CITY. CONTRACTOR shall secure,
at its expense, and be responsible for any and all payment of
income tax, social security, state disability insurance compen-
sation, unemployment compensation and other payroll deductions for
CONTRACTOR and its officers, agents and employees, and all business
licenses, if any, in connection with the services to be performed
hereunder.
16. LIQUIDATED DAMAGES
It is agreed by the parties hereto that in case the total
work called for hereunder in all parts and requirements is not
finished or completed within the number of working days as set
forth in Section 3 herein, damage will be sustained by CITY, and
that it is and will be impractical and extremely difficult to
ascertain and determine the actual damage which CITY will sustain
in the event of and by reason of such delay; and it is, therefore,
agreed that CONTRACTOR will pay to CITY the sum of one hundred
dollars ($100.00) per day for each and every working day's delay in
finishing the work in excess of the number of working days
prescribed; and CONTRACTOR agrees to pay said damages herein
provided for, and further 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
not be assessed with damages for any portion of the delay in
completion of the work due to unforeseeable 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, and
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
contract) notify the DPW in writing of the cause of the delay, and
CITY shall extend the time for completing the work if, in its
judgment, the findings of fact thereon justify the delay, and its
decision is conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials, if said
materials are required by this contract to be furnished by CITY, or
by damage caused by fire or other casualty for which CONTRACTOR is
not responsible, or by the combined action of the workmen, in
nowise caused by or resulting from default or collusion on the part
of CONTRACTOR, in the event of a lockout by CITY, then the time
herein fixed for the completion of the work shall be extended the
number of days the CONTRACTOR has thus been delayed, but no
allowance or extension shall be made unless a claim therefor is
-- 10 -
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, subcontractors or CITY will be allowed and said
extension of time for the completion shall be the sole remedy of
CONTRACTOR.
17. 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
site differing materially from those indicated in this agreement;
or
(b) unknown physical conditions at the site, of an
unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work of the
character provided for in this agreement. The DPW shall promptly
investigate the conditions, and if it finds that such conditions do
materially so differ and cause an increase or decrease in the time
required for performance of any part of the work under this
agreement, whether or not changed as a result of such conditions,
an equitable adjustment shall be made and the agreement modified in
writing accordingly.
(2) Time Extension. No claim of the CONTRACTOR under
this clause shall be allowed unless the CONTRACTOR has given the
notice required in this clause; provided, however, the time
prescribed therefor may be extended by CITY.
18. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this contract,
subject to any additions or deductions as provided in the Contract
Documents, the sum of eighteen thousand, nine hundred sixty-seven
and fifty hundredths dollars ($18,967.50,) as set forth in the
Contract Documents and provided for in section 1 herein.
19. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for the
actual quantities of contract items constructed in accordance with
the plans and specifications. Upon completion of the construction,
if the actual quantities show either an increase or decrease from
the quantities given in the bid schedule, the contract bid price
will prevail subject to the provisions of this Agreement. Equit-
able adjustment in payment will be made upon increases or decreases
in costs due solely to the variation in quantity above or below the
estimated quantity when warranted by the facts and circumstances.
If the quantity variation is such as to cause an increase in the
time necessary for completion, the DPW shall ascertain the facts
and circumstances and make such adjustment for extending the
completion date as in its judgment the findings justify. No claim
- 12 -
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this agreement.
20. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed and the value thereof. From each progress
estimate, ten percent (10%) will be deducted and retained by CITY,
and the remainder, less the amount of all previous payments since
commencement of the work, will be paid to CONTRACTOR.
If CONTRACTOR has, in the judgment of the DPW, faithfully
executed fifty percent (50%) or more of the value of the work as
determined from the bid schedule, and if the DPW finds that satis-
factory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one
hundred percent (100%) of the value of the work completed since the
commencement of the work, as determined by DPW, less all previous
payments and less all previous retained amounts. The final
payment, if unencumbered, 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, accompanied by
a certificate signed by the DPW, stating that the work for which
payment is demanded has been performed in accordance with the terms
of the contract, and that the amount stated in the certificate is
due under the terms of the contract. Partial payments on the
- 13 -
contract price shall not be considered as an acceptance of any part
of the work.
21. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
to ensure performance under Section 20 of this contract.
22. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work Contemplated by this
contract, CONTRACTOR shall file with the DPW its affidavit stating
that all workmen and persons employed, all firms supplying
materials, and all subcontractors upon PROJECT have been paid in
full, and that there are no claims outstanding against PROJECT for
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the
provisions of the statutes of the State of California.
23. WAIVER 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 contract.
24. INDEMNIFICATION; HOLD HARMLESS; DEFENSE
CONTRACTOR 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,
14 -
including death or injury to CONTRACTOR'S employees, and damage to
property, arising directly or indirectly out of the obligations
herein undertaken by CONTRACTOR or out of the operations conducted
by CONTRACTOR, save and except those which arise out of the sole
negligence or sole willful misconduct of CITY. CONTRACTOR will
defend any such suits at the sole cost and expense of CONTRACTOR
when,requested by CITY, and any costs of defense or 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.
25. WORKERS' COMPENSATION
CONTRACTOR acknowledges and undertakes its duty under the
provisions of Section 3700 et seq. of the Labor Code to insure
against liability for workers' compensation and covenants to comply
with such provisions prior to commencing the performance of the
work hereunder.
CONTRACTOR shall maintain workers' compensation insurance
and otherwise comply with all of the provisions of the Workers'
Compensation and Safety Acts of the State of California, the appli-
cable provisions of Divisions 4 and 5 of the California Labor Code
and all amendments thereto; and all similar State or Federal acts
or laws applicable and shall furnish to CITY a certificate of
workers' compensation insurance evidencing such compliance. The
insurer shall furnish to CITY a certificate of workers' compen-
sation insurance. The provider of insurance shall not cancel or
modify -any such policy so provided without thirty (30) days' prior
written notice to CITY.
-- 15 -
CONTRACTOR shall further require all subcontractors to
similarly provide such workers' compensation insurance for all of
the subcontractors' employees. CONTRACTOR shall furnish a
certificate of waiver of subrogation under the terms of the
workers' compensation insurance, and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
CONTRACTOR'S workers' compensation insurance shall be in
forms and underwritten by insurance companies satisfactory to
CITY.Said insurance shall remain in force until the work under this
contract is fully completed and accepted by CITY. Said insurance
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under section 24 of this contract. CONTRACTOR shall,
notwithstanding nor diminishing the foregoing obligations,
subscribe for and maintain in full force and effect during the life
of this contract a workers' compensation liability policy, in
accordance with the Workers' Compensation Act of the State of
California, of not less than one hundred thousand dollars
($100,000).
26. INSURANCE
CONTRACTOR shall at all times carry on' all operations
hereunder, bodily injury and property damage liability insurance,
including automotive bodily injury and property damage liability
insurance, in forms and underwritten by insurance companies satis-
factory to CITY for: all operations, subcontract work, -contractual
obligations, product or completed operation, all ownedvehicles and
non -owned vehicles. Said insurance coverage obtained by the
COMM
CONTRACTOR shall name the CITY, its officers, agents and employees
and all public agencies as determined by the CITY as additional
insureds on said policies. CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
Before 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 foregoing insurance coverages and
such certificates shall provide the name and policy number of each
carrier and policy and that the insurance is in force and will not
be cancelled without thirty (30) days' written notice to CITY.
CONTRACTOR shall maintain all of the foregoing insurance coverages
in force until the work under this contract is fully completed and
accepted by CITY.
The requirement for carrying the foregoing insurance
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under Section 24 of this contract. Notwithstanding
or diminishing the obligations of CONTRACTOR with respect to the
foregoing, CONTRACTOR shall subscribe for and maintain in full
force and effect during the life of this contract the following
insurance amounts: not less than one million dollars ($1,000,000)
combined single limit coverage for Items A and B.
A. Bodily Injury Liability
and Automotive Bodily Injury
Liability (including non -
ownership and hired cars)
B. Property Damage Liability
and Automotive Property Damage
Liability
- 17 -
•
CITY or its representative shall at all times have the
right to demand the original or a copy of all said policies of
insurance. CONTRACTOR shall pay the premiums on all insurance
hereinabove required.
27. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work with
diligence, or fails to complete the work within the time specified,
or is adjudged a bankrupt, or makes an assignment for the benefit
of creditors, or becomes insolvent, or violates any provision of
the Contract Documents, CITY may give notice in writing of its
intention to terminate the contract. Unless the violation is cured
within ten (10) days after said notice of intention has been served
on CONTRACTOR, CITY may terminate this agreement upon the expi-
ration of that time.
28. DISPOSITION OF PLANS, 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 drawings, reports, calculations, maps and other
documents, pertaining to said contract, shall be delivered to CITY
and become its sole property at no further cost.
29. DISSATISFACTION WITH PERFORMANCE
In the event that CITY is dissatisfied with performance
of CONTRACTOR and the procedures for termination set forth in
Section 27 are followed, CITY may elect to assume complete control
over PROJECT.
- 18 -
3u. NON -ASSIGNABILITY
No assignment or delegation by the CONTRACTOR of this
contract or any part hereof, or of funds to be received hereunder,
will be recognized by CITY unless such assignment or delegation has
had prior written approval of consent of CITY and the surety.
31. CITY EMPLOYEES
CONTRACTOR shall employ no regular employee of CITY in
the work performed pursuant to this contract.
32. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce
or interpret the terms of this agreement, the prevailing party
shall be entitled to reasonable attorney's fees, costs and neces-
sary disbursements in addition to any other relief to which he may
be entitled. It any action is brought against CONTRACTOR or any
subcontractor to enforce a Stop Notice or Notice to Withhold, which
names CITY as a party to said action, or by reason of which CITY
incurs expenses, CITY shall be entitled to reasonable admini-
strative and attorney's fees, costs and necessary disbursements
arising out of the processing of Stop Notices or Notices to
Withhold or any similar legal document arising out of the
performance of this agreement. Said obligation shall be provided
for in the labor and materials payment bond required of CONTRACTOR.
CITY may set oft any unreimbursed cost or expense so incurred
against any sum or sums owed by CITY to CONTRACTOR under this
agreement.
- 19 -
s
33. ENTIRETY
The foregoing represents the entire agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONTRACTOR:
WILLA PORTER - OWNER/
SOLE PROPRIETOR
Willa Porter - Owner
CITY OF HUNTINGTON BEACH,
A municipal corporation
By
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk //-/S _ City Attor ey TKi
REVIEWED D APPROVED:
WW4�
City Administrator
11/1/83
TE:klh
N� ITIATED AND PIED:
Director, Public Works
- 20 -
State of California,
S5:
County of_ ORANGE
�a
T'H NOV EMBE R 1983
On this day of - in the year -----,before me Notary of Public
personalty appeared ____ -- CWEN M. BROWN , personalty known to me ¢or proved to me
on the basis of satisfactory evidencel to be the person whose name is subscribed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC tNSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC $N5URANCE COMPANY thereto as surety, and his (her) own name as Attorney- In, Fact.
i
BARBARA J SENDER x
CALIFORNi i '
4 SANCE CWNTY
M( Comm. cxpltas JUN 15, I97,4
My Commission expires - 19
8DU•1818 ED.6182 (CALIF.)
A
Notary Public rrG for said counly
0
E
UNITED A&CIY110 INSURANCE COMPANY
HOME OFFICE, TACOMA. WASHINGTON
PREMIUM: $171.00
PERFORMANCE BOND
CALIFORNIA - PUBLIC CONTRACT
Bond No. U 50 09 90
EXECUTED IN TRIPLICATE
TO Fo.z?pp
-AIL i U-1,70N
KNOW ALL MEN BY THESE PRESENTS: That CALIFORNIA LIVING Cit., Attorney
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author.
ized to execute bonds in the State of California, as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH, CA, PO Box 190, Huntington Beach, CA 92648
as -Obligee, in the Slim Of EIGHTEEN THOUSAND, NINE HUNDRED SIXTY SEVEN & 50/100THS-------
----------------------------------------------------- Dollars ($18, 9 6 7. 5 0 )
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a
contract, dated , 19 , with the Obligee
to do and perform the following work to -wit: CC 609; RECONSTRUCTION OF PORTION OF PACIFIC
COAST HIGHWAY OFF -ROAD BIKE TRAIL
Now, THEREFORE, if the said Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force
and effect.
Signed and sealed this 7TH
day of NOVEMBER 1983
GAfiI'_Q.I A.&XIN`...................................
7nBX.t. ./....... ................. (Seal)
UNITED I �OMPANY
By ................
. .-
.................... .........
OW EN M B , Attomey4n-Faet
BDU-2801 CAL. - CONTRACT - PUBLIC - PERFORMANCE
B-2035
No.
PERFORMANCE BOND
...........................................................
Principal
To:
................................................
Obligee
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, TACOMA, WASHINGTON
h
f ;�I State,of-California, t
' County of ORANG
Nr
i
SS:
On this 7TH day of_ NOVEMBER _, in the year 1983 before me Notary of Public
personally appeared OWEN M. BROWN personally known to me (or proved to me
on the basis of satisfactory evidence) to he the person whose name is subscribed to this instrument as the Attorney -In -Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his Iher) own name as Attorney - In - Fact
CFFIrIAL "i- AI,
BAPBARA J BENDER
7
NOTR;.y PUBLIC - CALIFORNIA 4
ORANGE CWNTY
' My camas c�vires JUN 15, MA /
_-i
My Commission expires 19- �i6lk'o -lit
ROU-1818 ED. 6182 (CALIF ] Notary Pub ,c nd for said County
N
r
If
y
TJNI'TED . ACIFIC I1qSU7Z.A1L)iDZ CO2d3E*A2'1,TY
HEAD OFFICE,•FEUERAL WAY, WASHINGTON
PREMIUM FOR THIS BOND INCLUDED Bond No. U 50 09 90
IN CHARGE FOR PERFORMANCE BOND EXECUTED IN TRIPLICATE
PAYMENT BOND
CALIFORNIA —PUBLIC CONTRACT APPROVED AS TO FORM
4KNOW
. . .,rl I.i .. . ALL MEN BY THESE PRESENTS, that CALIFORNIA LIVING
'000City Attorney
as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author-
ized to execute bonds in the State of California, as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH, CA PO Box 190, Huntington Beach, CA 92648
as Obligee, in the sum of NINE THOUSAND, FOUR HUNDRED EIGHTY THREE & 75/100THS ----------
-------------------------------------------------------- Dollars ($ 9,483.75
for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally by these presents.
The Condition of the above obligation is such that, Whereas the Principal on the day
of . 19 , entered into a contract with the Obligee for
CC 609; RECONSTRUCTION OF PORTION OF PACIFIC COAST HIGHWAY OFF -ROAD BIKE TRAIL
NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the
persons named in Section 3181 of the Civil 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 same, 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 entitled to file claims under Section 3181
of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Signed and sealed this 7TH day of NOVEMBER 19 83
CAL Q L
IVING -..........
......................
.............
UNITED C I I OMPANY
EN M. ROWN, Attorney -in -Fact
BDU-2804 ED. 5/72 (CALIF.)
No.
PAYMENT BOND
CALIFORNIA - PUBLIC CONTRACT
TO:
PRINCIPAL
OBLIGEE
Return Origivai and Copy 0
completed rertif,c.ite In: CERTIF[CAT E 01 li _SUIIANCE_ Approved as to Form;
City of Huntington Btsach • TO Gait Hutton, City rncy
Dept. Risk M.,na7ernent
P.O. Box 711 CITY OF HUNTINGTON BEACH, CALIFORNIA
Hurittngion Roach, CA 02648
A MUNICIPAL CORPORATION
This is to certify that Site policies of insurance as df:scrlf>ed below have heen issued to the insured by the undersigned and are in force
at this time. if these policies are cancelled or changed rn such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Reach, California 92648. ALL
ITEMS MUST BE COMPLETFI), 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 insured CALIFORNIA LIVING
Address of lnsured 10952 GLEN ROBIN LANE ORANGI: CA 92669
Location of Work or Operations to be performed ^PACIFIC COAST 11IGHWAY (OFF -ROAD)
Description of Work or Operations _CC 609: U-COVSTRUCTION Qk' PORTION OF PACIFIC COAST HIQiWAY OFF -ROAD
BIKE TRAIL
POLICY DATES
LIMITS OF LIABiLITY
NAME OF COMPANY
Effective
Expiration
POLICIES IN FORCE
POLICY NO.
In Thousands (000)
1INS.I
GENERAL LJAJ31LITY
IXf COMPnEHENSIVEFORM
CAP 178086
2-24-83
2-24-84
3 300 CSL
CONSOLIDATED AM
Each Occurince
(Xt PREMISES .O'PrRATIONS
IiVSURAPNCF COMPAN
ax EXPLOSION AND
COLLAPSE HAZARD
lxk UNDERGROUND HAZARD
(y( PRODUCTS COMPLETED
OPEt:ATIONS Hr•�'ArtD
Ixk CONTRACTUAL
INSURANCE"
(XK BROAD FORM
-� f ROPFRTV DAtAACE
(X� INDEPENDENT
CONTRACTORS
VX PERSONAL INSURY
AUTWAOWLE LIABILITY
JX� COMPREHENSIVE FORM
IXF OWNED
CAP 178086
2-24-B3
2- 24-B4
5 300, CSL
CONSOI-IDATLD ANTE
IK HIRED
INSURANCE C014PAN
Each Ocuutance
IX K NON•OWNEO
EXCESS LIABILITY
l i UMBRELLA FORM
( I OTHER THAr4--
UMnnr-LLA FORM
WORK E nS" COMPENSATION
and
EMPLOYERS' LIABILITY
Additional Insured Endorsement -
The insurer agrees that the City of Iltintinglon Beach and its City Council, anti/or all City Council appointed groups, committees,
commissions, boards 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 sliall
baerformedany In oar i of it
t vitilltnon a aci�icr oas �r`�wabu -.1 s 3; e ct5 work
primary Y q I�� b0 l g y f -R�a f3� Ce�firaii .
Dato NOVENSE:R 7, 1983 AUTHORIZED REPS I ANCF. COMPANY
INSURANCE COMPANY
CQNSQLI ATE' 1ja,1ICAis INSURANCE COMPANY Cy 0 i BROWN
Nano -rfn K� C=1,s Alq,(z_&I.���;FL Y, 1114C. PO Box 8599, Anaheim, CA 92802
.r -- 140 So State College 131vA, Ste, 100 Address
- - w Brea CA 92621 TWephone - (714) 956-4603
HOLD HARMLESS AGREEMENT
(to be executed by rnsuredl
_ insured ' agrees to 1notect, defend. indemnify. save, and (told harmless the City of Huntington Beach its
agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising
of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished.
'^ r';cj . viorshlp 12) Partnership (3) Corp ration 41 Sher Istatel
_v. ...
_= .:_—OLESS SIGNED: 13y InSnrCrl- _ [[l _ - _- Ti Fie
1 ho pnotrcl or typed ry 1a;urc,I — _ - _ _ _ T,tla
ZICAy
t
�ICAN
t
TWO Officcrs must si,jrr, ur hrescut cvrtlr:nt:c of aullluri[. tiun to Imid Curporatran.
Return Original and Copy •
completed certificate to: C> RTl FICA? L 01: I;JSUIIAf-10E Approved as to Form -
City Of HUntin,yton ticaeh to Gail Flutton, City Atinrney
Dept, Risk M,lnarlrmrnl CITY OF HUNTINGTON BEACH, CALIFOIINIn
P. O. fox 711 By:
Huntington Beach, CA 92G48
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 a manner that will affect this certdlcate, the insurance company agrees
to give 10 days prior written notice, by mall, to City of Huntington Beach P_ O. Box 711. Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM St4ALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPnOVED IN WRITING BY THE CITY
ATTORNEY. f
Name of Insured
CALIFORNIA LIVING
Address of Insured 10952 GLEN ROBIN LANE, ORANGE CA 92669
Location of Work or Operations to be performed PACIFIC COAST HIGHWAY (OFF -ROAD)
Description of Work or Operations NS F PORTION OF PACIFIC COAST HT AYOFF-ROAD
BIKE TRAIL
POLICY DATES
LIMITS OF LtAt31LITY
NAME OF COMPANY
POLICIES IN FORCE
POLICY NO.
In Thousands (0001
(INS.)
Effective
Expiration
GENERAf_ LIAGILITY
IX* COMPREHENSIVE FORM
CAP 178086
2-24-83
2-24-84
S 300 CSL
CONSOLIDATED AME
[X� PREMISES - OPERATIONS'
Lach Occurance
INSURANCE COMPAN
�x EXPLOSION AND
COLLAPSE HAZARD
IXk UNDERGROUND HAZARD
[Xk PRODUCTS COMPLETED
OPLItArIONS HALAno
DCK CONTRACTUAL
INSURANCE.
IXX BROAD FORM
PROPERTY DAMAGE
"A INDEPENDENT
- CONTRACTORS
ax PCRSONAL INJURY
AUTOMOBILE LIABILITY
IXr CORIPREHENSIVL FORM '
ff OWNED
CAP 178086
2-24-83
2-•24-84
S 300 CSL
CONSOLIDATED AVE
IX� HIRED
INSURANCE C014PAN
Each Octurancc
IXK NON-OVINED
EXCESS LIABILITY
[ ] UMBn[LLA FORM
[ ] OTHER THAN
$
UNIOnCLLA FORM
WORKERS' COrtPENSATION
and
EPdPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of IfuntimPon Brach and its City Council, and/or all City Council appointer) groups, committees,
commissions, boards anti any other City Council appointee) body, anti/or elective and appointive officers, servants or employees of the
City of I ]untington Beach, when acting as such arc additional insureds heremide►, for the acts of the insured, and such insurance shall
be primary to a y in ur q of the C t of lllinting 1 a their otcr• t ma m. r bu n1 s i sp CtS work
performed C�aiirornia E vinq on �C ac1f!J.c �oas �iwav�&yy- 9 'He Tra11
NOVEMBER 7, 1983
- --- AUTF'IOR17 R � CSLNj£ JSURANCE COh1PANY
COAIPANY « / _
C NS I, TE AMERICAN INSURANCE COMPANY Ey -OWPO M. BROWN
is )rX. INC. PO Box 6599, Anaheim, CA 92802
--_-- 140 So State Collea_e Blvrl., Ste. 100 AattrelS
Brea, CA 92621 Tenrphone �7I4Z_956-4603
HOLD HARMLESS AGREEMENT
(to be executed by Insured)
the insured • agrees to protect, defend. indemnify. save, and hold harmless the City of Huntington Beach its
agents, and employees against any liability, loss, clamage, cost, or expullse by reason of any and all liability, suits, claims,
judgments and causes of action caused by insisted, his employees, agents t any sutscontractor or by any third patty arising
of or in consequence of the performance of all or anv operations or activity for which this certificate of insurance is furnished.
LjlSolo Proprietorship . (2) Partnership (3) Corp ration d41 011eer Istalel
By Iniurc+l: Tulu .
By iusurcd- Trtle
ITCAN
i
U CAN
t
Corparmion, TWO Officers must sign, or laiewrrt cvid,nlcc a[ urrlbnriration u, !rind Curpotitlun.
0
Return Original and Copy
corrmNletIA ceriihc.ree tu: CERTIFICAIT OF iNGURAI ICE Approved as to Form.
Cily of Huntington Beach TO Gail Hutton, City Attorney
Dept. Risk Management CITY OF HUNTINGTON BEACH, CALIFORNIA
P, O. Box 711 By.
Huntington Beach, CA 92648
A MUNICIPAL CORPOlATiON A/Z2tZ7
This is to certify that the policies of insurance as dcsctibed below have tseen issued to the insured try the undersigned and are in force
at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice., by mail, to City of Huntington Beach P. 0- Box 711, Huntington Beach, California 52648- ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM! SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE iNSUfiANCE COMPANY AND MUST BE APPROVED iN WRITING BY THE CITY
ATTORNEY. f
Name of Insured CALIFORNIA LIVING
Address of Insured 10952 GLEN ROBIN LA14E, ORANGE, CA 92669
Location of Work or Operations to be performed PACIFIC COAST HIr11fW6Y (OFF —ROAD)
Description of Work or Operations CC 609; RECONSTRUCTIOV OF PORTION CF PACIFIC COAST HIGHWAY OFF —ROAD
13IKE TRAIL
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
POLICIES IN FORCE
POLICY NO.
in Thousands (000)
f INS.)
Effective
Expiration
GENERAL_ LIABILITY
t I CDMPREiiLNSIVE FORM
ra CSL
Each Occuranca
f I PREMISES - OPCRATIONS
1 I LXPLOSiON AND
COLLAPSE HAZARD
t I UNDO' RC; ROUND HAZARr)
f I PRODUCTS COMPLETED
OPERATIONS HAZARD
{ 1 CONTRACTUAL
INSURANCE
1 I BROAD FORM
PROPERTY DAMAGE
j I INDEPENDENT
CONTRACTORS
( I PERSONAL INJURY
AUTOMOBILE LIA131LITY
{ I COMPREHENSIVE FORM
1 ) OWNED
S GS!
Each Occurance
i I HeRCD
{ 1 NON -OWNED
EXCESS LIABILITY
1 1 UMBRELLA FORM
THIS IS TO CERTIFY
THAT
WE HAVE ISSUFD
A VALID i"D
ER'S COMPENSATION
1 OTHER THAN
POLICY IN A EOPLM
APPROIrED
BY THE
dkLTE0171437 TPISUMNCE
CO..MMISSION TO
UMBRELLA FORM
THE EMPLOYER
NAND ABO1,1E
FOR THE
POLICY PERIOD IN
ICATED.
vVORicERS' COMPENSATiON
WC52-417—
and
4-1-83
4-1-84
$2,000
ARGONAUT INSURANC:
EMPLOYERS' LIABILITY
001046
COMPANY
Additional Insured Endorsement-.
The insurer agrees that the City of Huntington Beach and its City Council, andlor all City Council appointed groups, committees,
�SS�una, hoards and any other City Councif 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
io any insurance of the City of Huntington Beach, as their interest may appear., but only as respects work
iOVf tiSBFR 7,_1983 , AUTHORIZED R TIVfrpF 1pl tiRANCE COMPANY
--..... c COMPANY
ARGONAUT INSURANCE COMPANY
PO Box 4485.
w Fullerton, CA 92634
By i
Address PO Box 8599, Anaheim, CA 92802 -
Telephone (714) _956-4603-
HOLD HARMLESS AGREEMENT
{to be exeented by insured}
_ insured ' , ayrces to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
agents, anti employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising
Hof or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished.
aoia Proprietorship (21 Partnership (3) Corp at+on 41 Other (state)
_- .._..,,.LESS SrGNEn: By Insnr::d- Tula
.. P,inted or typed By InsiarrlTitle
. -, .r; t. ; TWO Offircrs roust sirlrr, or lrrc:r rit twid.- cc of ,itlthnrir.Aiun to hind Corpoti ion.
Retufn Original and Copy
COmf+l rlcd Cefr+ficarL. 10: • CERTIFICATE OF INSURI'.PICE � Approved as to Form:
City of Huntin?ton peach TO Gail Hutton, ity Attorney
Dept. Rhin Manale_ment
P.O.Box 711 CITY OF HUNTINGTON BEACH, CALIFORNIA By: A;
Huntington Beach, CA 92G48
A MUNICIPAL COE,POCATION Z��
This is to certify that the politics of nlstlrance as described below hive been issued to the insured by the undersigned and are in force
at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Himlinrgton Beach P_ 0. Box 711, Fhuttinryton Beach, California 92648. ALL
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, f
Blame of Insured CALIFORNIA LYVING
Address of Insured 10952 GLEN ROBIN LANE ORANGE., CA 92669
Location of Work or Operations to be performed PACIFIC COAST HIGHWAY (OFF -ROAD) _
Description of Work or Operations CC 609; RECONSTRUCTION OF PORTION CF PACIFIC COAST HIGHWAY OFF -ROAD
BIKE TRAIL
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Expiration
POLICIES IN FoncE
POLICY NO.
In Thousands (000)
(INS.)
GENERAL LIABILITY
I I COMPREHENSIVE FORM -
S CSL
Each Occuranco
f I PItCMISES- OPERATIONS
[ I EXPLOSION AND
COLLAPSE riAZARO
I I UNOERGROUND HAZARD
[ ] PRODUCTS COMPLETED
OPERATIONS HAZARD
[] CONTRACTUAL
INSURANCE
-
{ j BROAD FORM
PROPERTY DAMAGE
[] INDEPENDENT
CONTRACTORS
[ I PERSONAL 1Njuny
AUTOMOBILC LIA131LITY
I 1 COMPREHENSIVE FORM
-
I I OWNED
5 CSL
Each Occur.fnce
[ 1 HrrtcD
[ 1 NON OWNED
EXCESS LIABILITY
[ I UMBRELLA FOUM
THIS IS TO CERTIFY
THA
WE HAVE ISSUFD
A VALID V'O
KER'S COMPENSATION
[] OTHEUMBRELLA
POLICY IN A
ORM APPROVED
BY THE
NCE COMMISSION TO
UMI3RELLl1 fORr.1
THE EMPLOYER
NAMED ABOVE
FOR THE
POLICY PERIOD INDICATED.
Woni(Ens* COILIPtiP1SAT10N
WC52-417-
and
4-1-83
4-1-84
$2,000
ARGONAUT INSURANC'.
EMPLOYERS' LIABILITY
001046
COMPANY
Additional Insured Endorsement:
The insurer agrees that the City of I-Ilmtinrlton Beach an(] its City Cnerncil, andfor all City Council appointed groups, committees,
commissions, hoards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of I lunlington Beach, when acting as such are additional insureds hereltncirr, for the acts of the insured, and such Insurance: shall
be primary to any insurance of the City of Ilrintinrgton Brach, as their interest may appears but only as respects work
-neifnrmPd by Cal i fnrnia r.ivi nr•r nr, rr rnck. D.,i fi- r,.,nr-a u;_ate; yam, Ir -,: i
Date NOVEMBER7, 1983AUT11ont
INSURANCE COMPANY
Namo
ARGONAUT INSURANCE COMPANY
Address PO Box 4485
City Fullerton, CA 92634
Cy
SUt1ANCF. COMPANY
Address _PO Box 8599, Anaheim, CA _92802
Telephone _714) 956-46o3
HOLD HARMLESS AGREEMENT
(to be executed by insured)
The insured '_ , a+lirees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach 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 causer) by insured, his employees, agents 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 which this certificate of insurance is furnished.
* GSelo Proprieforshfp (2) Partnership 13) Cnr�rration /f ) Cthcr (state} A
HOLD HARMLESS SIGNED: - By Inaure'r: —14tf ik , T&Ad�ok ? Tirlu
(All names shall be printed nr typed By Inrnrr+l:
below rarh sirj+wluro-] .
TiOu
U v 4
If Corporation, TWO Officers must sign, nr Iln:sr:llt r.virlf-nCl: of ,iullu,ritation In Irinrl CnrpnraiInn•
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 1972
Gentlemen:
The undersigned, contractor on
61 OP
Protect No. Title
&=r-- zoeev__ g/ie i C
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, apprentice or
trainee conformed to the classifications set forth in the contract or
training program provisions applicable to the wage rate paid.
Signature and Title
WHEN RECORDED MAIL TO.
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntineton Bench. Calif. 926AP
84-078703
EXEMPT
L__S2
NOTICE OF COMPLETION
CC-609 r-
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
"1 s§ PM FEB 2 4 '84
LEE A. BRANCH, County Recorder
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to California Living, 10952 Glen Robin Lane,
Orange, CA 92669
who was the company thereon for doing the following work to -wit:
reconstruction of the Bolsa Chica Beach Bike Trail, Project CC-609, in the City of
Huntington Beach, CA.
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 21, 1984
That upon said contract the UNITED PACIFIC INSURANCE COMPANY
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 22nd day of February lg 84.
zc�
City Clerk 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 Huntington Beach, California, this 22nd day of February , 19 84.
This document is solely for the
official business of the City
or Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
firee or -charge.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
REQ U O R CITY COUNC�ACTIQN
T
Date February 9, 1984
_1,,,,-ram G►•jZ GOU,GIt-
Submitted to: Honorable Mayor and City Council �k�rp� �.� ON
Submitted by: C. W. Thompson, City Administrator �L1�
Prepared by: Paul E. Cook, Director of Public Works ciTY
Subject: Reconstruction of Bolsa Chica State- Bea i e Trail; CC 609
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: J
STATEMENT OF ISSUE: U
California Living has completed the reconstruction of the Balsa Chica
State Beach bike trail.
RECOMMENDATION:
Accept the completed work and authorize the City Clerk to file the
Notice of Completion.
ANALYSIS:
On October 17, 1983, the City Council awarded a contract to California
Living for the reconstruction of a portion of the Bolsa Chica State
Beach bike trail north of Goldenwest Street. These improvements are
now complete and, therefore, the Director of Public Works recommends
acceptance of the project and requests that the Notice of Completion
be filed by the City Clerk. The following is a summary of actual
contract costs:
Construction Contract:
Construction Contingencies:
Total:
Council Approved
$18,967.50
2,300.00
$21,267.50
Actual Expenditures
$18,996.25*
218.57**
$19,214.82
*Actual field quantities for asphalt emulsion were greater than estimated.
**A construction change order was issued for the repair of adjacent
pot holes in the bike trail; this work was not part of contract obligation.
FUNDING SOURCE:
Funds for this project were budgeted in the Pacific Coast Highway Off -
Road Bikeway Repair Account - #893635.
ALTERNATIVE ACTIONS:
N A
ATTACHEMTNS:
None.
CWT:PEC:DRN:jy
P10 4181
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
November 15, 1983
California Living
10952 Glen Robin Lane
Orange, CA. 92669
CALIFORNIA 92648
Enclosed is an executed copy of the contract with the City
of Huntington Beach for the reconstruction of the Bolsa Chica
Beach Bike Trail, Project CC-609, in the City of Huntington
Beach.
Also enclosed is a bid bond which was submitted with your
proposal. A
at-'a-14',)�'
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone: 714-536-5227 )
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
November 15, 1983
Sully -Miller Contracting Company
6045 Santiago Canyon Road
P. 0. Box 432
Orange, CA. 92666
CALIFORNIA 92648
We are returning your Bid Bond which was submitted with your
proposal for the reconstruction of the Bolsa Chica State Beach
Bike Trail, Project CC-609, in the City of Huntington Beach.
The contract for this job was awarded to California Living of
Orange.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
�114JAaCr_
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
( Telephone: 714-536.52271
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
November 15, 1983
Wakeham Construction, Inc.
11225 Slater Avenue
Fountain Valley, California 92708
CALIFORNIA 92648
We are returning your Bid Bond which was submitted with your
proposal for the reconstruction of the Bolsa Chica State Beach
Bike Trail, Project CC-609, in the City of Huntington Beach.
The contract for this job was awarded to California Living of
Orange.
We would like to take this opportunity to thank you for your
interest in submitting a proposal.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
( Telephone: 714-536-5227 )
BID PPO%057�, I":�1 C+i-1 rvz.1"i Ifs �11/11Jcj
--.----- �------- -; � Firms Name
To the Honorable '•layor and City CouncE , City of Huntington Beach, California:
In caraDI iance with the notice inviting scaled proposals for the Pxistznx_ticn
of. Pacific Coast Highway Off-Poad Dike [TAI. Vicinity of Post Milo 27.0 an"''
27.5.
CC-609
I hereby propose and agree. to c_nter into a contract to perform the work herein
described and to furnish the materials therefore according to the plans, speci-
fications ari special provisions for the said work and to the satisfaction of
and under the supervision: of the Director of Public horks of said City of Huntington
Beach, Chliforn_ia.
The undersirned has not accepted any bid from any suix;ont--actor or ;--_,criaL 1n
through any bid depository, the by-laws, rules or regulations of which prwhLbit-
or prevent tlm contractor from corsideri^. any bid from aoy subcontractor or
materiaNan which is not processed throuGh said bid deposi ory, or which ;-7era t
any subcontractor or materialman from bidding to any contr actor who (_-o s i:•.;t use
the facilities of or accept bids from or through .such bid depository.
For the furnishing of all labor, materials a_nci aid or all iC:ciGCntaL
work necessary to dei,vw r all t1:e improvcr7ents comnl.er•_ in place in strict con-
formity with the plans, specifications a ; special provis,.Dr:s, cr. fiie ir t j-.f;
office of the Director. of Public Works, City of fluntir.•ston Beach, Ca' ifoinia, 1
propose and agree to take full, payment therefore at tI:•_ ful lowing unt t pr iccv ; t.-.
wit:
ti
ITE24 I APPROXIMATE I':' 1 WITH UNIT PRICE T=
Qu'mTITY I WRI T'1111 IN ?:LORDS � PRICK: 4 ICJI U,
i Clearing and gin.tbi.nr, (ON- e — ---- —..._
1. 1 Lns) Spun I ara backfill) a; j �sSSbO.b� IOry
I &ss�a
1 I 1�1YE I AR€D_ per lump sun.
y I 'Feat 6" native sand with aspha i t: ---- - -
1 1 emulsion (7350 �
F.1'. )� , K,* a�I
i 2. j Limn Sun �-- -- —
per lure sum. � I
WN
I
4 Furnish aspholt e - ppion to be
applied to sand 0 .1bLLXl°1-- XF /L ��
i I
�t/�NTi_ F� ✓€"r gallons.
P-1
=1 I APPFMLMATE
NO. (,X)Al\7.ITY
ITEM LNIT PRIOF. i MIT
t-JR11MEN IN WORDS PRICE TUTAL
!"arrisi and install 3" asphalt
4. I 111 Tons concrete -'G160 F-) p't FiFTY- Fjtkc"j
"x-r tons. I t&
Furnish and install signs, poles
5.I 3 Each and, ha rch,-a Le, at c9A)�Av,4DZ C- o Cry 0
1 -3-75,0-
�--r each.
ibtal ojroLmt- in Words TIDLal Ar-unt
1-64
VSpwjb , �JIAIG fl�b in Figures
17-2-
It is understood and 111yed that the approximate q anddles shown in the foregoing
proposal schedule are solely for the purpose of facilitating the comparison of bij
and that the contractor's compensation will be computed upon the basis of the actual
quantities in the completed work, whether they be more or less than those shcwn
herein at the unit prices bid in the proposal schedule.
The undersigned understands the contract time limit allcvted for the contract is
-- 30 -- - : fork my days .
Tf awa.rdod the contract, the uVersi.gned hereby agrees to sign said contract and
furnish the necessary bonds within ten (10) days of the a4:asd of saic: contract, and
to begin cork within ten (10) days from the date of approval of the contract by the
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 submission
of a bid shall be conclusive evidence that the bidder has investigatod and is satis-
fied as to the conditions to be encountered, as to the character, quality, and scc7:�
of work to be performed, the quantities of materials to be fi:rnished, and as to Oc
requirement of the proposal, plans,
specifications, and the contract.
Accompanying this proposal is-
tiOWCE: Insert the karts "Cash," "Certified Check," or "Bidder's Bond," as Uie case
may be, in an amount equal to at least 10 percent of the total bid price, payable
to the City of Huntington Beach.
The undarsigr_od deposits the above name security as a proposal gunrapty and agrees
that it -shall be forfeited to the City of Huntington Beach as liquidated da ages in
case this proposal is accepted by the City and the undersigned shall fail to exctu'._e
a contract for doing said work and to furnish good and sufficient bons in the form
set forth in the specifications and contract documents of the City, with surety
satisfactory to the City within 10 days after the bidder has received written noticQ
of the award of the contract; otherwise said security shall be returned too the uVer-
signed.
Licensed in accordance with an act providing for the registration cf contract Licuose
No. Zc,-b 1 -7
Signature of Bidder
Business Address }C � _ ��n i�of?i�y tj► Gi2to
Place of Residence 5'
Dated this 4A _ day of r
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
PROPOSE
INFOR WICK REQUIRED OF BIDDER
Bidder is required to supply the following information. Additional sheets may be
attached if necessary.
1. Firm Na.^,v--: L�r-JFo�rEi� �t Ili l�str
2. Address : "EL t, c 3 . Telephone : 32- -32
qgkr
4. Type of fir individual, partnership, or corporation: -%7im JI ix) AL. —
5. Corporation organized under the laws of the State of:
6. Contractor's License Number: rbl i—
7, List the names and addresses of all mers of the film or names and titles
of all officers of the corporation:
oqf Z (131e4 AA,
8. Number of years experience as a contractor in construction work: ) YCAK-
9. 'List at least six projects c uipleted as of recent date:
CWMAC —�
GLASS OF i DAM-
r --
A'iCXWr
I ORk---L CUITIL IU)
1 ��'+�:. j'DDRES5 & PHC)LNE NZ?.IBF-'2
OF C7k4-LuaZ
<, B I
LLD 4-AA E
l
4 1452 L L c��J w O
co --- - �s1*1a��,g,
e0
8�
A-;, 8 i $ S��
c�rY-F-
70 $c, x 94p
73(c, -2 z 3�
c.,o o M A i CA R rn-r,
00
1
so-MiEllp-cle- Coµ #AU r
2-gcoo MAr2CquER"!rW %cwy
1331--46801
I
i
_J
10. List the name of e person ted the site of the proposed work
for your firm:lJ
Date of Inspection: _ 10-3- S3 _
11. If requested by the City, the bidder shall furnish a notarized financial
statement, financial data, or other information and references suff-:iently
ccmprehensive to permit an appraisal of his current financial condition.
P-4
OES IGNATI(DN, OF SUBCONTRACTOS
In ccrr>pliance with the "Subletting and Subcontracting Fair Practices Act" being
section 4100--4113 of the Government Code of the State of California, and any
amendments thereto, each bidder shall set forth below the name and location of
the place of business of each subcontractor who will perform work or labor or
render service to the prim contractor in or about the construction of the work
or improvement in an amount in excess of one-half (1/2) of one percent (1%) of
the prime contractor's total bid, and shall further set forth the portion of the
work which will be done by each subcontractor. Only one subcontractor for each
portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to
be performed under the contract, he shall be deemed to have agreed to perform such
portion himself, and he shall not be permitted to subcontract that portion of the
work except under the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor
was designated in the original bid shall only be permitted in cases of public
emergency or necessity, and then only after a finding reduced to writing as a
public record of the Legislative Body of the owner.
PORTIM 4
OF _WORK I SUBCD.%TrFJ%MR' S WT:. AND ?ADDRESS
sTATE L_-G --,sE
NCB 5ER 1 CL;%.SS
Cpl
+--g LZQ- - -- -------_ _ -�
i
I
I
By submission of this proposal, the contractor certifies:
1. That he is able to and will perform the balance of all work which is
covered in the above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered
into and bonds furnished by subcontractor for this project.
P- 5
' 1�_�J � �- - •ra.,`.....v..r-w,� tl„yyy� +�a.ti�—."�'�•-�G'.� ^:.-�/�='4'„�'r' �..+'�YS.`^.1�� � - - - -- - --'
f a, i
�ALIF4RNIA LIVING
Contrcctas license No. 425017
10952 Glen Robin Lane
Orange, California 92669
<-
i
�t %t
C4ty o6 Hunt. ng•ton Beach p
City Ctehh '� �;:`�
8I0 FOR: "`n
Taco .cc Coazt Highcay 066-4oad Bike i t: a_i,P=M&6thuc•ti.on
October 4, 1483 @ 10:00 am
REQU • FOR CITY COUNCIL
ACTION
Date
October 5, 1983
Submitted to: Honorable Mayor and City Council
Submitted by; C. W. Thompson, City Administrator APPROVED BY CITY; CO uKCtL
Prepared by: Paul E. Cook, Director of Public Works
Subject: Reconstruction of Bolsa Chica State Beach ike Trail; CC 9
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATf2IENfi OF ISSUE • V
Pursuant to City Council approval of September 9, 1983, bids were received on October 4,
1983 for the reconstruction of the Bolsa Chica State Beach bike trail.
RDOOK4ENDATION:
1. Approve low bid submitted by California hiving.
2. Authorize the reappropriation of $15,800 remaining in City.account #893521 to the
project account #893635. ([dote: The Yorktown bike trail was completed Tinder budget.)
ANALYSIS:
A por ion of the Bolsa Chico State Beach bike trail, north of Goldenwest Street, was
washed away during the recent winter storms. Plans and specifications for the recon-
struction of the trail were -approved by Council on September 9, 1983 and subsequently
let for bid.
On October 3, 1983,- the following bids were received:
Contractor. Amount
California Living $18,967.50
Wakeham Construction $19,787.50
Sully -Miller $21,467.00
Staff has reviewed all bid proposals and concurs that a contract should be awarded to
California Laving.
FUNDING IDNG SOURCE-.
Contract Amount:
Construction Costs . . . . . . . . . $18,967.50
Construction Contingencies . . . $ 2,300.00
Total . . . . . $21,267.50
Project Account (#893635). . . . . . $ 5,520.00
Reappropriation of funds from
account #893621 to project account
4893635 . . . . . . . . . . . . . . $15,800.00
Total . . . . . $21,320.00
ALTERNATIVE ACT -TONS:
1. Reject Bid by California Living and select one of .the other two.
2. Reject all bids and readvertise.
3. Reject all bids and forego project. i
LWi'sPEr:DRN: jy
f
IN THE
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
oho
CITY OF HUNTINGTON BEACH
CITY CLERK
State of California )
County of Orange ) ss-
APRIL L. ELLIOTT
That I am and at all times herein mentioned was a citizen of
the United States, over the age of twenty-one years, and that I
am not a party to, nor interested in the above entitled matter;
that I am the principal clerk of the printer of the
HUNTINGTON BEACH IND. REVIEW
a newspaper of general circulation, published in the City of
HUNTINGTON BEACH
County of Orange and which newspaper is published for the
disemination of local news and intelligence of a general charac-
ter, and which newspaper at all times herein mentioned had
and still has a bona fide subscription list of paying subscribers,
and which newspaper has been established, printed and pub-
lished at regular intervals in the said County of Orange for a
period exceeding one year; that the notice, of which the
annexed is a printed copy, has been published in the regular
and entire issue of said newspaper, and not in any supplement
thereof, on the following dates, to wit:
SEPT. 89 15, 18
1983
I certify (or declare) under penalty of perjury that the forego-
ing is true and correct.
Dated at......... GARDEN..GRQV.E.....................
16th SEP. 83
California, t day of ..........19 ........
............0
Signature
PROOF OF PUBLICATION
BIDS CC 609
No'1'ICE NIvn ING SEALED BIDS
Notice is hereby given that the City Council of the City of Huntington Bwk,
California will receive sealed Bids for the Pacific Coast Hway Off -mod Bike Trail '
Reconstruction, Vicinity of Post Mile 27.0 and 27.5 in the City of Huntington Bea*
California in accordance with the plane and specifications and special provisions oil
file in the office of the Director of Public Works. Documents will be available on
September 12,1983. A charge of $10.00 not refundable, will be required for each set of
specifications and acdr
mpanl OB OFePIIBLIC WOW E.SI MATE „
Work item ICI Qmtiiy
1. Clearing and grubbing (excavate and backfill. Lump Sum
2. Treat 6" native beach sand with asphalt emulsion (7350
S.F.) Lum Sum
3. Furnish asphalt emulsion to be applied to sand. =Gals. '
4. Furnish and install 3" asphalt concrete (6160 S.F.) Ili Tone
5. Install signs, poles and hardware. 3 Each
In accordance with the provisions of Section 1773 of the Labor Code, the State of
California, Director oft Department of Industrial Relations shall determine this i
general prevailing rate of wages, applicable to the work to be done; copies oft latest
general wage rate determinations are on file at the office of the City Clerk and the
office of the Director of Public Works of the City of Huntington Beach, Calffornia.
Plena and epecifrations Wgather with praxeal form, may be obtained at the
office oft Director of Public WWorks City Han IHiuntington Beach, Calffonafa
No bid will be received unless it is made on a blank form famished by the
Director of Public Worke. The special attention of prospective bidders is called to the
propoeaf requirements, set forth m the specifications, for full diredwrie' ss to the
ding.
The foregoing quantities are approximate only, being as a bests for the compari,
son of bids, and the City of Huntington Beech does not eiepreas or by impliatione '
agree that t actual amount of work will correspond therewith, but reserves t
to increase or dens~ t amount of any class or portion of the worl6 as. may
deemed "s�y or expedient by the Director of Public Works.
An bids sip be compared on the basis of the Director of Public Works estimate Of ;. .
the cities of work to be done. 1. '
Substitution of securities for any moneys withheld by the City to insure perfiona-
once ahall be permitted in accordance with provisions oft California Government
Code, Section 4590.
No bid will be accepted„ from a contractor who is not licensed in aoarrdaaa with
the law, under the provisions of Chapter 791, Statutes of 1929, as amended or Chapter
11, Statutes of 1939, as amended, or to whom a propped form has not beep sued b
the City of Hunt' Beach.
Each bid shell be made out on a form to be obtained at the office oft Director
of Public Worka.;Dweiopment Wing, 2000 Main street, Huntington Beach. Calfforaw
shall be sealed and filed with the City Clerk at the Civic Center, Second Floor '
Administration Building, 2000 Main Street, Huntington Beach California, on or before
10:00 A.M. of October 4, 1983, and shall be opened by a committee composed of the '
City Clerk, the City Attorney and Director of Public Works or their authorized "
representative and the resuha of eafd bidding will be reported W the Citp Council of
said City of Huntington Beach at their regular to be held on Monday, October
17,1983. at thehour of 7.30 P.M. in the City Co ncriill�amhers in the Civic Center of
said City of Huntington Beach, and stall be acted upon by said City Council at the
regular meeting of October 17,1983.
The City of Huntington Beach, California reserves the right to reject any or all
bids, and to accept the bid deemed fat best interest of the City of Huntington
Beach, California.
By order of the City Coumil oft City of Huntington Bads, California this
September 6,1983.
WENTWORTH
>.rk
JPub. SepL
Beach
beac Hunt. h Ind. Rev. t$34545 r
Form No. POP 92082
AZ october 4, 1981 3``
tit, I1N L. I"F, F. S ES 1 I �IA 1 V L ? 1 ar
25.
tau A„D .:r.:,` IN:!t;
I DDLRS `.,., IE
Atlas Wrecking
Lovingieu, R.J.
Porter Const.
Sully Miller
Reed Thomas Co.
Wakeham Const:
Reconstruction of PCH Off -road Bike Trail
l
4
i
REQU&T FOR CITY COUNA ACTION
Date August 26, 1983
Submitted to: Honorable Mayor and City Council C131KE
C1�Submitted by: Charles W. Tyson, City Administrator Y��U�CIL
Prepared by: Paul E. Cook, Director Public Works � 34
Subject: RECONSTRUCTION OF BOISA CfIICA STATE BEACH -60ArY c
Statement of Issue, Recommendation, Analysis, Funding Souroe, Akemative Actions, Attachments.
STATFZIM OF ISSUE:
Plans and specifications for the reconstruction of the Bolsa Chica State Beach Bike
trail are ccnplete.
RECU41MATION :
I. Approve the plans and specifications and authorize the Director of Public Works to
advertise for construction bids.
2. Authorize the appropriation of the needed funds from the bike trail (SB 821) fund
balance.
ANALYSIS:
A portion of the Bolsa Chica State Beach Bike Trail, north of Goldenwest Street, was
washed away during the recent winter storms. Bikes. now either turn around or use
Pacific Coast Highway as the trail link. Staff is extremely concerned about the safety
of bicycle riders using Pacific Coast Highway; and therefore, plans and specifications
for repairing the missing bike trail links on Bolsa Chica State Beach have been prepared
for construction bids.
!FjT,j TP4U
Estimmted cost of construction $ 15,175.00
Construction contingencies 2,276.00
$ 17, 451.. 00
SB821 Bike Trail fiords - unappropriated fund balance $ 17,500.00
ALTERNATE ACTIONS:
1. Do not approve the project.
2. Order the work done by City forces.
ATTACHKENPS:
None
PEC:DN:ik
P!O 4/81
•4kv� It's
NOTICE INVITING SEALED BIDS
CC-609
Notice is hereby given that the City Council of the City of Huntington Beach,
C:afifornia will receive sealed bids for the Pacific Coast Highway Off -road Bike
Trail Reconstruction, Vicinity of Post Mile 27.0 and 27.5 in the City of Huntington
Beach, California in accordance with the plans and specifications and special
provisions on file in the office of the Director of Public Works. Documents will be
available on September 12, 1983. A charge of $10.00, not refundable, will be
required for each set of specifications and accompanying drawings.
DIRECTOR OF PUBLIC WORKS ESTImATE
Work Item Quantity
1. Clearing and grubbing (excavate and backfill. Lump Sum
2. Treat 6" native beach sand with asphalt
ernulsion (7350 S.F.) Lump Sum
3. Furnish asphalt emulsion to be appheo to sand. 1990 Gals.
4. Furnish and install 3" asphalt concrete (6160
S.F.) II I Tons
5. Install signs, poles and hardware. 3 Each
In accordance with the provisions of Section 1773 of the Labor Code, the State
of California, [director of the Department of Industrial Relations shall determine
the generai prevailing rate of wages, applicable to the work to be done; copies of
the latest general wage rate determinations are on file at the office of the City
Clerk and the office of the Director of Public Works of the City of Huntington
Beach, California.
Plans and specifications, together with proposal form, may be obtained at the
office of the Director of Public Works, City Hall, Huntington Beach, California.
No bid will be received unless it is shade on a blank form furnished by the
Director of Public Works. The special attention of prospective bidders is called to
the proposal requirements, setforth in the specifications, for full directions as to the
bidding.
The foregoing quantities are approximate only, being as a basis for the
coiliparison of bids, and the City of Huntington 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 or portion of the
work, as may be deemed necessary or expedient by the Director of Public Works.
All bids will be compared on the basis of the Director of Public Works estimate
of the quantities of work to be done.
Substitution of securities for any moneys withheld by the City to insure
performance shall be permitted in accordance with provisions of the California
Government Code, Section 4590.
No bid will be accepted from a contractor who is not licensed in accordance
with the law, under the provisions of (chapter 791, Statutes of 1929, as amended or
Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been
issued by the City of Huntington beach.
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 Main Street, Huntington Beach, California, on
or before 10:00 A.M. of October 4, 1983, and shall be opened by a committee
composed of the City Clerk, the City Attorney and Director of Public Works or their
authorized 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, October 17, 1983, at the hour of 7:30 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 October 17, 1983.
The City of Hduntington reach, California reserves the right to reject any or
all bids, and to accept the bid deerned for the best interest of the City of
Huntington Beach, California.
By order of the City Council of the City of Huntington Beach, California this
b, 1983.
ATTEST:
Alicia Wentworth
City Clerk
CITY OF HUNTINGTON BEACH
L
2000 MAIN STREET P. 0.80X 190 CALIFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
'aL E3 J EZ_ i ; P. cZpu�T tC�Z t OQ eF C. H -
To City Clerk:
CC # 00
XNotice Inviting Sealed Bids
Publ untington Beach :news an
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-----!-_,Remarks: Authorization from City Council to advertise
Bid opening Date Time �•, a.." -
Engineer's Estimate
ery ruly ur ,
Pa 1 E. Cook
Director of Public Works
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