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HomeMy WebLinkAboutDABCO CONSTRUCTION - 1984-09-04ORIGINAL 1p Stop Notb r NOTICE TO CITY 2f HUNTINGTON BEACH PUBLIC WORKS DEPAR M T 2000 Nain Streiec;''` nn Addtofielgach, CaliforniaA2 I Addrris l d �► 1* (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it ' dto take payments under provisions of the contract.) or Private Job — file with responsible officer or person at office or branch of construction lender administer the construction funds.) Prime Contractor. Dabco Construction Sub Contractor(IfAny) None — Owner or Public Body: City of Huntington Beach Improvement known as Sewer — Goldenwest & Talbert (,fame and address of pro/ect or work of Improvement l in the City of Huntington Beach , County of Orange State of California. Mission Clay Products , claimant, a Corporation i claimant 1 r Cnrpura►tat/ Partnership/Soft Prop►ieronhip) furnished certain labor, see ice, egiiipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, ser-4mm, equipment or materials is Dabcc+_ Construction ,Naniro/Suh.�mtructur; ('�,ntrucr�ir/Ocaner-Hui;drri The kind of labor. service, equipment or materials furnished or agreed to he furnished by claimant w•as Sewer Pipe & Fittings ,Jrit nhe .n drtutl, . Total s aIuc of labor, wry ice. equipment or nialcriak agreed to be furnishcd .............S 46,691.06 Total vaIuc of labor, scr ice, equipment or m itcnals actually furnishcd is C•edit for materials returned, if an. ..I .......... S 46r691.06 S 1 f_240.20 Amount paid on account, if any . .... I ...........S 1 ,,3 58.68 Amount due after deducting alljt-st credits and :offsets ...... .. ... .............S 3 5, 09? • 18 YOU ARE. HE:REB1' NOTWIED to withheld sufficient monies held b% you on the abose described project to satisfy claimant's demand in the amount of S .. , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as pi ovidcd by law . A :pond is not attached. Mond rrqui red or. private►otis —not on public jobs.) Date July a , 1985 1'ameofClaimant Mission Clay Products flrrr► :t'm+rrf Bs . A -1 L ROIL - L f..:c tA A Official Capactt ► I VERIFICATION I, the undersigned. state: 1 am the Gras is r? t eeret a ry c a;rni tot-. " prrotdt'nt ur . '•a p7rmer of % •'t:w,-r of., ric i the claimant named in the foregoing Stop Notice. I hasc read said claim of Stop Notice and know the contents thereof, and 1 certify that the saime is true of ray uwn knu•ledge. 1 certify (or declare) under penalty of per)ury under the laws of the State of California that the foregoing is true an4 co. rcct. EAccuted on . 14 California. J / t,St�rw� .�! 1tt� ..r.�fStkrvttidA(rrtr POCa F91W 4 (Of W. 1-03) W STOP NOTICE City cfri t x NM TO 1NITNNAIA TA IMlI.1� Of �1 "vlrrfacrc►x INca, CALIF. /Ott op x C rl4ci q&,,61-,L. f r►t of Ownt+, contitrnctron seeder of glblit GtriGtf) W1 11�1 S'"r JOVAC+�+j w. , NOUKE OF FtI11DS. (Andress of o"r of construction Ieedei) TOM MALL OY CORP. dba YOU ARE HEREBY NOTIFIED THAT the undersir,ad claimant, Trench Shoring Co. 14520 S. Ava'on 131vd. Gardena, CA 9024g_ _ (hart snd #O&W S) 770-B& 0 has furnished or his agreed to furnish " — *. � (z �''�`� G 9! Lj- k► �--1 (law, ur►icts, t0uipW4 nrteruls) of the foitowin8 kind--- 8 vt4.L �cr S I�t V3 tJ —AyM- (Se+ufal dturiptoon of labor, unites. tg4lw*lt w matmals) to or for ZC. for the work improvement, kKAtdat, or kna«n n: (name of person to or fa rha+n furnoshee) (address. Itpl descrI91110n, description et We of proitct rdtntii"U") The. amount in value of the wtwle agreed to be done or furnished by claimant is S 4.? &qxxmt in value of that already done or turnisht ' by claimant it f Claimant has been paid the s;rn of $ and 'here renams due and urwid the sum of S_, I Is _qW. —cx:� plus mterest thereon at the rate of.___L -- pot cent per arm= tro— rho 192-'!r— YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY 7VIS CLAIM WITH INTEREST. 70M MALLOY CORP. � dba Trench Sharing CO. Dated: - - Gare.ena, CA 90248 _ t STATE OF CAIIIFF,OORNIA ss aoltt says: That _.,..* the he per "W who sinned the fweg*g Stop lice; that ___,he hu null the ON and knows % t]attatth tlWtd to k trtte of k]L- own LwaledIM etW as to any tttattets of thongs that my therein to stated on k.5_ Worwrtion wd kkf No a: to tftaae ►utters anti eap _he helve tka to be tux. _f Siuini anti au M to War trot 16 " h6k nl,#fW tO Powl'"k MCI IN MIDORI 11YESUGI �F.�T4A7 M!fK114` cALYL1pMU as MQ t t! cmwrv, Minus hm •s+rrr w o tuns pw ftm r Tao W — ih - rL to lm IL a1 to ate %-U i► w &*iw ifN� fry r. r rM 66MONW Comm 0 low, of / pw doom iw luyw 11" w.• rrer� Mi�t�.Cfttt�trA ;f'OA�I M+t•--M'v ••1� RECEfAOM111IF CITY WINK CITY of lIUMTikf)TOR l3t;i.C11. CALIF. rEp' In IC 32 AM 'p tR STOP NOTICE NOTICE TO WITMI TO NKKI Of FM F1ECJEIVLrj) fwr. OR PUESLIC WortKa Fr-13 0 r 19$C � �► C.�ItJY�. --i_-err_ n• nUniU�P A iHaaaev o+rmr,' const►uttfon ftr+dtf or F*rc P.O. Box 190, Huntington Beach, Cati.jon►fria 92648 ,. HOLDER OF FUNDS. (Address of corer a CoAstrnctios lender) YOU ARE HEREBY NOTIFIED THAT the undersigned cta:rnant, St4t4Atid a— RUM---Fwsce,_.I1u�, 45I.I_ i diah iat-Atienkc, Sim VnpellS�..93063 (Name aid address) Ms furnished or has agreed to furnish_. Tempalahty-F.jiC'biQ (tabor. stakm t1vipntsi, rultriats) of the folr.,wing kind Ims tat a.tion, ne ttat 6 umovat (geneval dtscriptim of tabor, services, epaip"at or avttrialO to a for Oabco Co►t6tAuc.t i.nn,,Eng-utee btg Con tAactou for the w Ii improvernent, Imled at, or krrorrtt n. (sstne of person to or for whys furnisht/) Coast uc tio►t SZte, WlVde ob Gotdoi West 6 TabeAt, Huntington Beach, Cati6ommia (address, Itral dtscnphon, detaiplim of sae or preitct idtlfihcatiorr) The amount in v ' `e whole agreed to be done or lurna"ed by claimant is The amount in va!ut ;~at already done )r furnished by claimant is $15867.97_ _ Claimant has been paid the sum of S.Z3 �2.��_.__.___ _. and- there rer^ains due ar4 unpaid the $ale of S l_2935. 57 plus xiertst thereon at the rate at_ _T4, .__per cent per annum Iron _ A- ._ 19AS— YOU ARE HIP18Y NOTIFIED TO WITHHOtO SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. DO!1: — - --- -1 "- L/ '--W' L STATE Of CALIFORNIA Si. COUNTY OF._ _tom__ ._ Name of elaimak-4, 4eirtu tf Citirnrrat r — &.r, l n (k, 0 o ---- being darer scan, deports and says: That .1 _he is the ptrsor(s) wfso signed the f xe feint Stop Notice; that she his read the s&ne and krsorrs the contents thereof 10 be true of k l+t- warm knorrkdFe. except as to arty Ratters or things that may therein be stated on h!'1 intxrut+on and b!Gtf and its to those nutters and tf.ints -5-k be!itres them to be true. Su uribed and sarorn to before me day of .19 �6 . Ratary ?Ak ail i..W fr say! Sufi r- stuaE tf W-Mt IV" • auoM MEiKTIAtA co" w ewso [e".r A* 12 f m 7%6 rrwA•i awm a pom Now .rW rr"bWor In so &m ► 410SOA terms rim ties "*A a. as a, on hr.� •fop wavica WA "sow Ame" r"M to row faveam�Mr. G..dr slow?** 9 r" #0ftbe ru ►w,� r ej - r.r e... pvV'0a' "MCOTTta rem" *94-.-ftv 2.18 CITY OF HUNTINGTON BEACH RELEASE OF STOP NOTICE c To: CITY OF HUNTINGTON BEACH XW or* Attention: City Clerk"° 2000 Main Street o • Huntington Beach, California 92648 do The undersigned hereby withdrawn and releases the Stop Notice filed on June 26, 1985, with the above -named public entity against DABCO in the amount of $ 11,215,.00 for labor, services, equipment and/or material furnishOd in connection, with the original contract, numbered CC-608, for the performance of the public work of imporvement describad in the contract between the public entity and DABCO, the prime contractor. A copy of the -ontract is on file with the City Clerk. The undersigned also hereby releases the CITY OF HUNTINGTON BEACH, and its subdivisions, officers, employees and agents, from any and all duties under Section 3186 of the California Civil Code to withhold money or bonds in response to the above -mentioned Stop Notice, and waives any and all rights of action against them that might accraie thereunder. DATED: X Plgvv mber 20 1985. Name of Claimant: Inland Concrete Construction, Inc. Address t Poet Office Sox 1463 16341 If a corporation, signs tlire of: je Y•esient or ce President 6'eretary or Chlet FinanciaT officer Riverside, California 92509 CITY GF STOP. TK a3 MOW TO MT1Mbi3O TO M ID'ER OF FUMOS (Nome Of Dena, rwtrr IN Itotler r pAk Mkor) wwwr of @of* K YOU AME HERBY WTIF1ED THAT Un rlld n*W d>li-erlt, Who WIM or runt in7atarl P..,nninte-t,.nnst�nsat__ioa,.Im::.p,,QtBox 1Lt6,3: Rivorvi&._..'9 So 04" art Mdrenl Iles hrni W v Ins Wood to ft1r11Isf1 - Lab. - @aP, pani- .Mat. ■i polo. otrriati, tev k �:.1Uriols) et W tofbwif'g kW (846 r.,.Manki-cl,. 0) 1 JQOi AM'vp..1312naat conar- ta-Mtnr' a3 a bow trucks, ijatrtt kxrioliall tf (tMx, Hrsit=s� ehriphr�t �uteriolsj Ope�'atOra to or for_ _ ____•__,__ , for the work bWw aamcK located at, or known as: *0 of W&M to or IV wbw foroj*d) fo0drtP, logo! Otwi/tit11 deuthtive 0! tilt or pr*tt watificM4 The avant h Yak* of the whole sjreed to be done or furnished by claimant is $11.215,99 Tire atAM4 In nfue of that Already -done or furnished by claimant Is $11.21.5-M r Ctairrlant has been paid the sum of i. -a-- ., and there remains due and unpid the sum of s 11_215_00,,,_,_— plus interest thereon at the rie of 10 der cent h��0�85 per amum lrar - --1 19___r_, YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS C1 MM WITH INMEST. STATE OF MIFOOLk SS. f MQM OF .B1 VPr.1An Marilou %I- WM sue,. Rft ddy swam and says: Pot Jre Is the pr-non(sl wbo s;.Saed the foregoing Stop notice; tout —Aft has read the same and knows the contents thereof to be true of A Ar own kwAdge, mpt as to any writers or things that may therein be :I.ated on kar— o+ferrmfian PW beiief alld as to thaw matters and things —&M iMieres them: to be tniL N .�ioarMl IW on to bolero rw Marilo J. Sheets - Treasurer _ OfFIC AL StAL rLoom Swit10�1 040 T Alt't r"tJSl1CrCxl1r0M' pp1iK1►Al C)frJCL t-. ow sis staraatio co. RT GAwA111101 rst. Oct _o.lrro� 2t SM404 fw MOM awl VMW 004661 4, b eM Sold 1%1k*6A Was rw Of% mA n, M b A ►ksk. Wmet NhOO 4609V , sit r PM V&M6"%w. CAROM% 6 I*Wr" A y" Me6 04 'bow I ✓ oo" fa post pw w". r"" so. —es.. a,.?a w s i CITY OF HUNTINGTON 1EACH REQUEST FOR LEGAL SERVICES � � cwk SW ammumM t1�e�fi+MlisNN eipGlt ► 01 4+ Mob /y o+wrrsW" AlIz- r.+e'je. if' [L1 ^e4.fG bval -oe-Sr - e-IU 16 INTRtlCTiMM. Fk malt in tw City Attorney's CHfioe a um a p*WMe. Pont or type feu neommy Ear City Atmrmy. Out line briefly reaeom for the rmp at. Attarh all information and exhibits pertiram to the tuiijeat. Type wf L&O lrreioe Re*mW: I 1 onlin«ra I 1 lneurona I t'S otl. rg'me"z'. deer -CL.. I 1 Ruevlution I 1 &w4$ I 1 Contmn/Agreanent I 1 opinion All •xMbi" nruet be attached, or Als regaat will be returned to you. 1"Mbitt Attached 1A7-IA L -crfie'a i ir.i, Gi/�:iGiiti./►►c.r / =:� ." t.1f- �C'�'i �� '� lam-•• ESL-�i� �� i ��•�,4�,> �rVc. �/ � c'�''�-'ty �- r.= �"�— / ''� .. ��'' ' `' '�7 j+C_. �,5t --C /'�'�ssr �' �/G' �-' � . ! �" ,r1 �.` a_ G ,� %17• %''�L C % C.-� r'� _ � � � •,cy-�' ,4'/L�' /!- � /ram /Ci' �• ' !�'/'�" . /-'t '� i►1_. !. .�-4-../�s.��, �. �� /�'i �.--G_i %'J�X"�t /�G� :�~/`f��C�IC.i �/L:.•r .�L ':..�.` ,e"i -- ire►:,mot � � %` �� �• 4,== y ; '�' ;'�,• c -�41r' /1.�.' `yi c. c #w c.WNN his", Pxdm awabn w"m map" POO 1vm K wee ter cm ba no Bob". +ta m ..aww" dm 1 i Aebco, Huntirs,►ton Beach Q5519, West Boundary Trunk Sever II1ATI W CALIFORNIk " OFFICIAL KAL FLORCAU R SNERIOAN NOTARY PLIOVGCAUFOPMA F"P CIRAL OFFICE IN SAN 11111ARDINO CO. m COMISSION tip. OCT 1,14aa ACRMOIAL(p6M(Ni_t,r,. Frls A se:—weitettt Feo-7'*-1111 3E1 ON Qr+nbP,. ,30 , 19JI'e -, before me, the rniersigned, a Notary Public in and for the said State, personalty Mear;d 1 njj T. ShA,to �." kMM to me to b►, the T3mr,.�'�.''...r. r'1nd to me to be the__________ Secretary of Yam, nd •o a So"true-W on, the Corporation thai executed the within Instrument, known to me to be the persons who executed th! within Instrument, on behalf of the C&poration herein named and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my Hand and official seal. NOW. VW fn is Hid Sti!!. • Ir 1 tn1ww Concrete Enterprises, Inc. MJMF�x (714) 72"720 /i�VLR,81D REIZASE OF STOP NOTICE TO: CITY OP HUNTIHMN EACH 2000 I &in Street Huu:tington Beach, CA 9260 FROM: & U'LLND COMM CONSTRUCTION] INC. 2434 Rubidoua Blvd, Riverside, CA 92509 JOB: WEST BOUNDARY TRMIX S 42- R Ellis Avenue do Golden We t St. Huntington Bench � 1 RECEIVE a DEPT. OP PUBLIC WORK8 NOV 04 1985 ,**vp ww McAcm. C^u,. Inland Concrete Construetiont Inc. hereby releases s:4' relinquishes that certain STOP NOTICE cerve3 upon your organization on .Tune 26, 1985 against Dabco. IIATj:D: October 309 1985 BY: A 0 0e, 0001 _Treasurer marilou . Sheets • 0 Av (( - c.-., s ( pekotc %%A) t11-1 +1, STOP ;NOTICE,l,1,$ 7r I1 IKE 11 WOUR111 Milm of INS 111 E. 131 L7rr r, ov 1•i .-r i - Rk C tr n .1111. 111 I T IS l t t-Ibw nApfnln..ftaah• MOLDER W FNIID3 wr+w N sort or t.•wimm ko n1 ,�„ 1 AK NEKIY 110110 IMI w rrioldpWi de"K lolit�i_ oci'•s� Gla u trun "12, 1 .: 1-00, ftl 1 611 vIrsi¢i.+..9A. 92592 11kne 1W r«estnd kit hsn1IMR W 11N eVvW N Iw/iA Lsbar+yi p�ttft Mw, trrMtlr� �1.1rsNtlNq M we I v*4 kW.( w,augr -� 1-1 Nei..labazKrAt_pryleami-muci tA, MCI al ar,,hWw,, ! ±Uckr 4+r�+1 IrrailNrl N t7Mt. >wnitr�. Nrip+�IrH r swUrirl/1 & operators W IM vok krp/mmW. hatti it, or Mon oa. t+w el pwatal N a Mr t►4n IMrkMw1 1"0414.100+ hx to sk 01104 . N ON a p'*cl w"ta+tl TM inks d M malt of lie wb* grew to M iwle or Isrsishtl by clslaml is 111. 2 15. 00 T1t W&* in VON o11AtL 1t/e80ent'r IMni m by dlDAW k i 1 Is 215-Aa. . NO"M Ms kee NN tllt I" of _ __-_ - W tk/e rewew dw sM W#W tM sun of 1 11. 2.5=.m On Want tk/ttn It the ate of 1.� 10 .pa c* pf :1 'it I--- h/10/55 19_._..... YOU ARE HEKIY NOTIf D TO WITHHOlO UNFICIIIIT RINGS TO SATISFY THIS CLAIM WIlK IMAM. DOW- .Iona 2Iti*.-1305 ri ^ ice,..=— � c Y retch, C -�9 wr.r r u.r•t STAR Or CAUFMIA A&Wau .Ia Sit i tt- _ . kk My two, deposes ini up: Im —J�$ Is 00 pn1044 Mro 81"d W h/eANl Slop IMMka IAot -ift Ass low 1k went sal knows IM collltmt Ikfto k k Ito of Lar. m Nambilo. tsctpt a to ear srtttn of tWp thot my Uwe% k siNN to kAr.. MINNUM OW irIWI wA as M 60 oml. n tell 06p -Lk trrim boom It be Im. Mari1 J. Slaysts — T""ursr ie a*d tell "n M 111116101 me �. � � ' , j . �� ti1NF�(; MAIM 11•; t tM��A s<• •1►sN01� �h. r �► � w tMrIti�IN Irt. Kt •.list r•.r.•a 1%."1 s"aw am .."+i r. *A— t.1w " &4b# 4. s.I.wr too .4.1 ". 4 a. to on on ►took 1l trsw rtles =� s1�1s" Pr ~ "'" 00000AM. r •om^ • loop" 0 rp. &LAO as M.r a IIWQ" 1« to" w"•w. Wom"190 0"60 •f1-.0f+. 2.90 01, A THIS AGREEMENT, made and entered into on this "- day of &.2rii., . 1984, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DABCO CONSTRUCTION, an unlimited part- nership, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project (hereinafter referred to as PROJECT) more fully described as the construction of west boundary trunk sewer, CC 608. work, WHEREAS, CONTRACTOR has been selected and is to perform said NOW, THEREFORE, in consideration of the promises and agree- ments hereinafter made and exchanged, the parties covenant and agree as follows: 6 1 AAW1 wit)i' ; ► i CONTRACTOR shall t'urnish, at its own expense, all labor, plant, tools, equipment supplies, transportation, utilities and all ot'ier items and facilities necessary tn complete and construct, in a good and workmanlike manner, PROJECT. CONTRACTOR agrees to furnish all said services and mater- ial contemplated ar.' embraced in this a3reement, and assume loss and damage arising out of the nature of the aforesaid work during its pt•ogress or prior A4,*o acceptance from the action of the ele- ments, and from any foreseen or unforeseen difficulties which may -1- 0 arise or be encountered in the prosecution of work and for all other risks of any description connected with the work, and to pay 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. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of the Contract Docu- ments, as hereinafter defined, the location of the jobsite, and the conditions under which the work is to be performed. CONTRACTOR acknowledges that it enters into this contract based upon investi- gation of all such matters and is relying in no w y* upon any opinions or representations of CITY. It is further agreed that the Contract Documents are incorporated in this contract by this veference 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 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, ineluding those on Me in the - 2 - office of the Director of Public Works of CITY and adopted by the City Council of CITY and any revisions, amendments or addende thereto, the 1982 edition of S&aa a.rd SUec J.gQA_ forPublic Mgrks&onstrugtion, published by Builder's News, Inc., 3055 Over- land Avenue, Los Angeles, CA 9C034, 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. Bid documents including the Notice Inviting bids, the Special Instructions to Bidders, and the Contractors' Proposal; E. The project plans, specifications, spenial 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, tl.ie matter shall be immediately submitted to the Department of Public Works of CITY, hereinafter referred to as "DPW", without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expense. Should there be any conflict oetween the terms of this agreement and the bid or proposal of CONTRACTOR., then this agree- ment shall cuntrol and nothing herein shall be ccnsidered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 CONTRACTOR agrees to commence the project with 10 working days after notice to proceed is issued and shall diligently prosecute it to the completion within one hundred twenty (120) calendar days from the execution of this contract by CITY, excluding delays provided for in Section 10 herein. u. J3MF..._0 F TJ..155 9 N C E Time is of the essence of this contract. CONTRACTOR shall prepare and obtain approval as required by the Contract Docu- ments 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. CONTRACTOR 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 accord- ance with Section 3 herein. CITY shall have complete control of the premises on which the work is to be perforwed and shall have the right to deride the time or order, in which the various portions of the work shall be installed or the priority of the work of other subcontractors and, Jn 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 materials and perform work as directed in writing by the DPW when such changes are within the scope of work nf this agree - mart. Otherwise, CONTRACTOR :shall adhere strictly to the Plans and - 4 Specifications. Under no condition shall CONTRACTOR make any changes, either in additions or deductions, without a written order from the DPW. CITY will not pay any extra charges made by CONTRACTOR unless such charges have been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit j immediately to the DPW a written cost proposal in reflecting the i effect of the change. Should the DPW not agree to such cost proposal, any disputed work shall be performed as ordered in writing by the DPW and the cost, thereof, shall be negotiated by ; the parties upon cost and i.ricing data submitted by the CONTRACTOR. i CITY will promptly issue a change order to CONTRACTOR and the contract price will be--5justed upward or downward accordingly. 6. NOTIM TO.'EMZIED 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 nct warrant that- the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commence- ment due to such unavailability, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such avail- ability - CONTRACTOR shall, prior to entering upon the performance of this contract, furnish bonds approved by the City Attorney: one in the amount or one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and - 5 - 0 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. The CONTRACTOR unconditionally guarantees 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 ufter notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then rake appropriate repair or replacement at CONTRACTOR'S risk and expense. EIMMII 1 I i ;M1 IIi� 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 compensation, 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. It is agreed by the parties hereto that in case the total work called for hereunder in fill parts and requirements is not - 6 - finished or completed within the number of calendar days as set forth in paragraph 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, there- fore, 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 word: 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 unfores-eable causes beyond tho control and without the fault or negligence of CONTRACTOR, including, but not •restricted to, aots of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, ar,n 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. 7 - 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 mater- ials 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 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. it 4 ► ►) �► (1) Nglieg 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 - 8 - (b) unknown physical conditions at the site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in cork 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 -rriting accordingly. (2) Tim,l,x&easj,on 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 therefir may be extended by CITY. "WIN CITY agrees to pay and CONTRACTOR agrees to accept as full ( ompensation for the faithful p!�rformanee of this contract, subject to any additions or deductions as provided in the Contract Documents, the sum of three hundred three thousand, five hundred sixty-eight dollars ($303,568), as set forth in the Contra..:'. Documents and provided for in paragraph 2 herein. 13. ERocREA5 EaiENIs_ 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%) plus any sums attributable to liquidated damages pursuant to paragraph 10 of this agreement will be deducted and retained by CITY, and the remainder, less the amount of all - 9 - ar • 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 ialue of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being Dude, 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 contract price shall not be considered as an acceptance of any part of the work, 14. AFF DAY�OF UTI,SF,ACTIONN QE CLAIM 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 - 10 - W6.�r.._�.�..�.w.o.w�.. ... .......�....�._ _,�,.,�nruc•F,• I.. a•�4!�C!•7j ... forth in an affidavit covering disputed claims or items in connee- tion with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 15• )(AIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate stall constitute a waiver of all claims against CITY under or arising out of this contract. 1 r► : 1 ! IM f: l r 04-zkm CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees aga�.nst any and all liability, claims, judgments, costs and demands, including death or injury to CONTRACTOR'S employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CCNTRACTOR or out of the operations conducted by CONTRACTOR, regardless of the active or passive negligence oil CITY, 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 juris- diction. �i, l �r� ► _ •► 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 certificatte 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. 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 sati!�faetory to CITY. Said insurance Shall remain in force until the work render 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 16 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 0!o Workers' Compensation Act of the State of California, of riot less, than one hundred thousand dollars ($100,000). 18. jNSUUHANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurancc, including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies satisfactory to CITY for: ali operations, subcontract work, contractual obligations, product or completed operation, all ownedvehicles and non -owned vehicles. Said insurance coverage obtained by the 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 13 Y 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 16 of this contract. Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subsoribc for and maintain in full force and effect during the life of this contract the following insurance amounts: not less than three hundred thousand dollars ($300,000) combined single limit, coverage for Items A and B. A. Bodily Injury Liability and Automotive Bodily Injury Liability (including non - ownership and hired ears) B. Property Damage Liability and Automotive Property Damage Liability The City Attorney 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. • � �� it .� �� If CONTRACTOR fails or refuses to prosecute the work with diligence, or fails to cowplete 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 Doouments, CITY may give notice in writing of its intention to terminate the contract. Unless the violation is cured -- 14 - • within ten (10) days after said notice of intention has been served on'CONTRACTOR, CITY may terminate this agreement upon the expiration of that time. 2!1MWT91TiVWw a 0.4 r. w►o e ma titlet1j; FTIM 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. �► t 1r.1 In the event that CITY is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in Paragraph 26 are followed, CITY may elect to assume complete control over PROJECT. No assignment or delegation by the .CONTRACTOR of this contract or any part hereof, or of funds to to received hereundev, will be recognized by CITY unless such assignment or delegation has had prior written approval or consent of CITY and the surety. 23, CIXX EMPLOYEES CONTRACTOR shall employ no regular employee of CITY in the work performed pursuant to this contract. 24. AITORNEXI§ 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 w 15 r necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which nacres CITY as a party t4 said action, or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable adminis- trative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices or Notices to 'With- hold or any similar legal document arising out of the performance of this agreement. Said obligation shall he provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set oft" any unre+mbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. 25. EXTRA COMPF4KF TJM CONTRACTOR may submit to CITY a proposal for cost reduc- tion changes in the plans and spenifications of PROJECT. If said proposal is accepter! by CITY, extra compensation shall be paid to CONTRACTOR in an amount equal to fifty percent (50%) of the net savings in construction costs as determined by CITY. If said pro- posal is not accepted by CITY. CONTRACTOR shall not be required to perform any of the changes contained herein. CITY shall be under no obligation to accept any proposal made under the provisions of this paragraph. 26. CITY EMPLQXE95 CONTRACTOR shall employ no regiilar employee of CITY in the work performed pursuant to this contract. 16 - I 04':9 27. NOTIM All notices concerning this agreement shall be in writing and shall be either delivered personally or mailed, postage prepaid, addressed to the party concerned as follows: TO CITY: Mr. maul Cook Director, public Works City of Huntington Beach 2000 Main Street Huntingto►, Beach, CA 92648 28..N1IRKT1 parties. TO CONTRACTOR: David Poppin DABCO CONSTRUCTION 5692 Edinger Avenue Huntington Beach, CA 92649 The foregoing represents the entire agreement between the Ito 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: DABCO /CONSTRU ION David Poi¢in, Partner ATTEST: cle.mow+6 u.� � r..•r�r rr+.�+ City Clerk REVIEWED APPROVED: ity Admin straty ADS: ps 9/19/84 17 _ CITY F BUNTING ON BEACH, A mu i�. pal cooFAtion APPROVED AS TO FORM: By City Morney INITIATED AND APPROVED: Director, Public Works .. .. 'r ..r - . ,., car . .. _,,,,•, , ,.jh!•ir_Mlin.. - T-... _.. .. srATE OF CALIFORNIA j CITY AND COUNTY OF Los Angeles 1 s On this 2.2 th day SRpt • 19 8$, before me, the undersigned NotaryPublic, in and for the State personally ( a William A. Sadler � { appeared a person known to me (or proved to me on the basis of satisfactory cvi to be the person who executed the written instrument as Attorneyin•Fact on behalf of the corporation therein nam • acknowledged to me that the corporation executed it. I �. Given under my hand and Notarial Sean this 28th day of Sept. OFFICIAL SEAL `` My Commission Expires • 13ARIZ-ARAI IN t 1' •tip . . r `1� �•i -NOTARY PUBLIC-CALIFORNIA !r PRINCIPAL OFFICE 1N • • w»'• LOS ANGELES COUNtr FnR%l It& Ivt: M. (",r)mrMission EiNfps AVw 5. 1985 A.D. 19 04 Notary Public. Bond FB213530 FRE60NT INDEMNITY COMP•AN R4 THE tR[MOkY •UILDING LOs ANGELtl, CALII.011NIA CALIFORNIA PERFORVANCE BOND KNOW ALL MEN BY THESE PRESENTS: PUBLIC WORKS BOND N0. B213530 That we Dabco Construction . as Principal. hereinafter called the Principal, and FREMONT INDEMNITY COMPANY . a California corporation, duly authorized to Itansact a surety business in the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, CA . as Obligee, hereinafter called Obligee, in the sum of Three Hundred and 'Three Thousand Five Hundred Sixty —Eight & N0/100--Dollars, ($303,568.00) for the payment whe.eal the Principal and Surety bond themselves, their hefts, executors, administrators. successors and assigns.. jointly and severally, by these presents WHEREAS. the Principal and Obligee have entered into a certain contract n wrotrne, hereinafter called the contract. dated -tor, The Construction of West Boundary Trunk Sewer #CC-608 I AS TO FOPY: City Attorney ;sy: Doputs C;ty Attorney w / 4 T a copy of rnich is of may be atiached hereto, and which is hereby referred to. NOW, THEREFORE. The condition of this Obligation is that of the Principal shall well and truly perform the work con- tracted to be performed under said contract. then this obligalirn shalt be void, otherwise to remain in full force and Irffect. This bond shall inure to the benefit of the persons herinabove specified only so as to give a right of action to such persons or their or their assigns in any suit brought upon this bond. This bond is effective on the datte of this contract. Any notice to Surely shall be addressed to or served upon it at c/o Robert C. Sallers & Co., P.O. Box 17220 Los Angeles, CA 90017 SIGNED. SEALED AND DATED this 28th day of September _. tg. 84 Dabco Construction PREMIUM $3643.00 gyt PRINCE AL 004 FREMONT INDEMNv*l'Y COMPANY BY . �,�(.s+�► "" y Hilli&n A. Sadler •�t�ouFv .0 ci�� ' STATE OF CALIFORNIA J `. CITY AND COUNTY OF Lon Angeles J 28th On this clay Sept. 194 , before me, the undersigned Notary Public, in and for the State, personally j! appeared Wi iam A, Sadler a person known to me (or proved to me on the basis of satisfactory c%idence). to be the person who txe;utcd the written instrument as Attorney -in -Fact on behalf of the corporation therein named are acknowled&ed to me that the corporation executed it. d Given under my handUlwrfal Seal this 28th day of Sept. Of�'ICIAL SEAL MY Commission Expires NOTARY BRAUrt! HY .�� PRINCIPAL Orr1 R'NIA CE LOS A.%r,[LES IN My commission „ ,� ���Uytr FnR%t I!S 12L1_ D as Apr 5 l oA5 A.D. 19 84 1Volvry Public G 0 0 Bond AB213530 4 FRE bNT INDEMNITY COMPAN THE !rRCMONT NUILOINO R4 LOS ANOCLCS, CALIf•OIIIMIIA CALIFORNIA PAYM!NT BOND PUBLIC WORKS (C.C.3211) BOND N0. H213530 KNOW ALL MEN BY THESE PRESENTS: That we Dabco Construction . as Principal. hereinafter called the Principal, and FREMONT INDEMNITY COMPANY , d California corporation, duly authorized to transact a surety business in the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, CA , as Obligee, hereinafter called Obligee, in the sum of One hundred fifty—one thousand seven hundred eighty—four & N0/100-- Dollars. ($151, 784.00) lot the payment whereof the Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns,. Iointly and severally, by these presents. WHEREAS, the Principal &nd Obligee have entered into a certdin contact in writing, hereinafter called the contract, dated for - The Construction of West Boundary Trunk Sewer NCC-608 1s'PROI a A AS TO FOnX: G: 1L HUTTON, C!ty Attorney i'y: Deputy City Attorncy ' a copy of which is or may be attached herelo.a4 which is hereby relerred to. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS that if the Principal or his subcontractor fails to pay any of the persons named in Calrfoinia Civil Code, Section 3181. woo are directly employed by the Principul or his subcontractor or ! who furnish labor, materials, provisions, provender or tupplit:s directly to the F:. icipal or his subcontractor or it the Principal ' o: his subcontractor fail to pay amounts due under the Unemployment InsuranceCcrde with respect to work of labor performed by any such , Clamant ", then the Surety hereon will pay for the same in an algregare arounl not e:ceecing the sum hetin specs• tied. otherwise, this obligation shall be null and void. In Lase suit is brought upon this bond the Surety will pay a teasonabte attorney fee to be fixed by the court This bund shall inure to the benefit of the persons hetinabove specified only so as to live a right of action to such pi:rsons or their or their assigns in any suit brought upon this bond This bond is effective on the date of the contract. Any notice to Surety shall be addressed to or servers upon it at c/o Robert C. Sellers & Co., P.O. Box 17220 Los Angeles, CA 90017 SIGNED. SEALED AND DATED this 28th _day al September 19 84 PgEMIUM included in performance bond Dabco Construction PRINCfPAL rr,Wr FREMONT INDEMNITY COMPANY By William A. Sadler — .'."". •'"« :,i•rper,-,r'. - •7"AT.c¢:e—. �jew�• . FaMONTINDEMNITYgCOOMPANY HOME OFFICE — LOS ANGELES. CALIFORNIA POWER OF ATTORNEY K'NW AI.L .NIF:N BY THESE: PHP14ENTS: Thal. FRENIOtiT INDEMNITY COMPANY , by WJAM JOKES, JR. itts vice Prr4drrit, in 11uN11ancr of autltority Pr►ranted by Itecululion of il� Board of Dirrclorn at'a meeting called and held on the 18th day of February. 1972. which said I{CN►Iutiott Ica. not 11rrn amrndeil or rr.,cindrd and of which the following i% a true. full and eamplete copy: "Itli OLVEU: That the Pre ident or anv Vice•Prmident may from lime- to [line al►(s%►ittt ltturneyo-in•Faft to rrprrvent and act For and us% beha�f of the Conipany, and either tilt- PrrAilrtit or any Virr-PreAdrnt, the Board of Dirrctom or Executive Committee may at any lien^ remove such AttornryiAn•Fact and revoke thr I't►%er of Attornry given him ur her. and be it further "MOI.VEU: 'that the Altorney%4n•Fact may he pi►rn full powrr to cm. -cute for and in lite name of anti on behalf of the Qmipany any and all bonds and undrrtabing, it. tilt- bu.,irtrrti. of [fir 0impany may require, anti any such bonds or under• tal.inrs executed by any such Allurnry•in•Fact shall be a?. binding ulson the Cumisany as if signed by the President and rralcd and atlested by the Secretary.` does hereby nominate, constitute and appoint I ILLI M A. SADLER its [nee and lawful Altorney-in•Fact, to male, execute, steal ant] dclisrr for and on it,, behalf, as surrty, slid as its act and JreJ: ANY A'1D ALL BON W AND UN=AM4GS IN WITNESS n'IIF UE 01' th-• -,aid Vice Pre ident hay hrhrunto sub-cribrtl hi+ nary,: and affixed the corporate seal of the said FREMONT INDEMNITY 170,'.1PANY , thk 6th das of April it, A.D., 11179 FREMON-17 INDEMNITY COMPANY STATE OFC:1p.IFUni.% ViCe President a illi-tm J s, Jr. CUUN11' or LOS ANGELES I On thk 6th day of April A.U., l q 79. brfore cite subscriber, a Notar� Public of the Stale of Califnrnia, in ana for the County of Los Angelrs, dull coniniksionrd and tjualified, came llte above named V ce Ptcsidrnt. of FRE:1ONT INDFUNITY COMPANY , to rnr prrxonall) 1 own to lot: tile- indhidual and officer descril►ed in and who executed lite preceding inrlrurnem., and lee acLnowlydg,rd the rxrcution it( tile- aatttt•. and twing by me duly sworn, tireoieth and waith. that he- i- the .aid officer of the Corlsuratiun aforr>< A and that the sral affixed to thr. Isreerding instru7tent is the Corporate Sea) of the :aid Corporation, and that the "id Ct porale Seal and his signaturr as surb offirt�r %were du1J affixed and subseribrd to the raid instniment by the authortty and direction of tilt- said Corporation. IN WITNESS 11'NFIZE0F, I h»e hereunto set my hand and affisrd fast abocr written. t11MC.1110 O IWI. SCAL NANCY L. OKAMOTO cs.+.a1 WI -Mr . t,tsetc. UALIJOR141A (SEAL) lib vic'Ells Cwrof My tatrrraitwa Lyra xuc. 13. Im d yrar I, the unJctvirnrd, Assistant • Secrrta tsf FRE MONT INDEMNITY COMPANY. do hereby errtify that tilt. ori#inal 1'0"'Elt OF ATTOIUNUV, of wLich 11tr foregoing is a full. true and correct copy, is in full (orce and effect. IN WITNESS W111AWOF. I hasr hereunto Puls•crtl►cd env namr a• Assistant Secretary. and aff%'aed lite Corporate Seal of the Gsrptsration, this 28th day of Seprembt,r 19 84 iisri►akt kbert S. Stein • It 1.1% If 1: i (it ..I IIn111n1 •hole 11. M I, It..\ loll) 1111111111-lo1i1 I;. L4 If, t .1' 26111 I ]l CERTIFICATE OF ,INSURANCE to CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION 1 /1L6�l� - t J 6,.,f/((„jfjj , Approved as to Form: /% Gall Hutton, City Att4ner •• 13y: This is to certify that the policies of Insurance as described below have been Invie) to the insured by the undersigned anti are in force at the. tune. If these policies are cancelled or changed in such A manner that will affect this certificate, the insurance Company agrees tt: 4ive 10 days prior written notice, by mail, to City of Huntington Beach, P. 0. Box 711. Huntington 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 IN;URANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Dabco ConUtruction Address.of Insured 5692 Edinger Avenue, Huntington Beach, CA 92649 Location of Work at Operations to be performed West boundary trunk sewer #cc-608 Description of Work or Operations LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration POLICIES IN FORCE I POLICY NO. In Thousands 10001 (INS.) GENERAL LIABILITY 1�4 COMPREHENSIVE FORM CL 20-435- 10-1-84 10-1-95 50C Argonaut Ins. Co. (K PREMISCS - OPERATIONS 111383 t t CSL Etch Occurance I K EXPLOSION AND COLLAPSE HAZARD 14 UNDERGROUND HAZARD I Id PRODUCTS COMPLETED OPERATIONS HAZARD K I CONTRACTUAL. INSURANCE X 1 BROAD FORM PROPERTY DAMAGE KI INDEPENDENT CONTRACTORS K 1 PERSONAL INJUP'r AUTOMOBILE LIABILITY 91 COMPREHENSIVE FORIM CA 20-435- 10-1-64 10-1-85 K t p:YNED 111384 500 S ,..�,-.,,CAL Argonaut Inc. Co. Ea:h Occurance K ' HIRED K 1 toCIN OWNED EXCESS LIABILITY x 1 • UMBRELLA FORM CIU 55-17- S 1 r 500 Cravens Dargan/ I OTHER THAN 96 10-1-84 0-1-85 � .- ��ntury Indemnity UMBRELLA F08M ICori pang WORKERS* COMPENSATION and SCC 20-<1 t`- Irci IPn+ Arg(3t +irt. Ttl' . "o. EMPLOYEtIS' LIABILITY 1 t) ; 71r) 1 f'- 1 -fi•j 2 0-' -It Additional Insured Erdorsement: The Insurer agrees I1lat the City or }{U•,t.ir,ill•+ beach 1+1(f it; —it, CCu.trit• tw!.0i all City Couitti: app,w,10 t;'. •115, come[ tomm;s0n,)s, boards and atty ot'.•rr Cit, C.',arwil -Onollit` -1 hr);j y. alitf;or clec:tive drtl af+icci%. sei�ants ar •-mPInyr'" ►� City of Ntintinyiwi Heacli. v.ficn .action ay s:ich ire idrfliv.o.il instifefft hereunder. for the ,r is t t+w�s+ 'v" � t �t{`'� be primary to any insurance of the City of Huntmtltvii I1edCh. ac th -r in:eri•st may amear. fv'r' Crate INSURANCE COMPANY r AUttionizvo iii!piiF,YNTATI OF SUHANC UM //' y By 1►i00 . 1• 1:.,.: at✓;, 4.100 Na the „- .� Adm eu t _ ,...,., Addem City Los Angeles CA J0067 City Telephone (213) 553-1/II 9/28/64 F.f�!TS'tvuR1L'.A:"S't"�.".Si¢'�aTdCl:'�s•�Sa'J�[•tt t�+•f fl'�eYc4 TtlC: r ^ ra.. ..•m!*18-r-11W.T1:.1rWr—W1`!� h./1Yr HOLD HARML.lESt AGREEMENT (to be executed •ry insured) The insured '----»----.------.agreitt to protect. defend. indemnify. savir, and hold harmless tha City of Huntin-llotl Brach its off:.cers, agents, and employees against Any liability. loss, damsp, cost. of expense by reason of Eye,• and all liability. suits, claims, ckmaitcft. judgments kind caures of action caused by insured. fits empi:lyees. agents or any subcontractor or by any third party arising out of or in consequance of ;<1r perforriswce c1 all of any uptirati s or iectivity for tvhi ;It this certificate of insurance is furnished *111 Sole Proprl•ttWship 121 Pwinership 131 C 1 (4) Other (state) 64OLD ►iARML C5S SIGNED: dy Inslwed. .-� Title . _ /2 i.v c �_" (Ali rNnMM OWN by: wmitif or typo✓ / � I.rridrr amch .�rwelure.) / f /� �+�' • .......d....t ' /' A.r c; ... By In�ewef, _ �.tf`t�+tr Title ..-... tf i:drprurar.r,.1. TyiO t3ftaren nlwt e+ew. er p.t>sr+t ax+A4neR sf ti+.;iwvitNlow rr, t»M Ca.t+ernier.. R 1-11111N TO: City of Huntington Beach Ina. B lien. Office P. 0.13ux 190 Huntington Beach, CA 42648 0 CERTIFICATE OF INSURANCES TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION A"nivett ss to Form: "I Hutton, City Atto wy my: 7W Erjta4iw Thin is to w Ofy tMt tln polkies of insurance a deaaibad below Mrs been imwd to the Insured by the urAwlli MW and a v In has at this tin». If OWN policies we eanceiled or changed in such a nvarnter that will affect this aartiifiem, tfse k wrsnoe CON40"y or*" to give 10 do" prior written notice, by mail, to City of Huntington Beech, P. O. Sox 711. Hunthgton Beach, Californiue 92M. ALL ITEMS AWST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM $HALL 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 Dabco Construct;. Addreaof Insured 5692 Edinger Avenue, Huntington Beach, CA 92649 Location of Work or Operations to be performed `West boundary trunk sewer itcc-600 Desedolon of Work or Operations LIMIrA OF LIABILITY 1 NAME OF COMPANY Etffttl" Expiration POLICIES IN FCMCE POLICY NO. In Thow rwis (0001 (INSJ GENERAL LIABILITY (X) COMPREHENSIVE FORM 500 Firemmn I s Fund LA3276585 10-1-83 10-1-84 i------C=L :insurance Company (30 PREMISES — OPERATIONS Each Oowrenss l)d EXPLOSION AND ... ..... ,.��•.ti�..r,..... .,, _,.. „•,...,,.,•,......._._.._. COLLAPSE HAZARD A UNDERGROUND HAZARD r ()Q PRODUCTS COMPLETED IF YOU SHOULD HAVE ANY QUESTIONS REGARDING OPERATIONS HAZARD THIS CERTIFICATE OF INSURANCE OR CORRESPONDENCE IN CONTRACTUAL PLEASE CONTACT INSURANCE I)Q BROAD FORM PROPERTY DAtfAGE AT EMETT A CHANDLER, (213) 553-2711. THANK YOU. IN INDEPENDENT 1800 AVENUE OF THE STARS. SUITE 400 CONTRACTORS LOS ANGELES, CALIFORNIA 9M7 ()d PERSONAL INJURY AUTOWOBILE LIABILITY (q COMPREHENSIVE FORM LA3276585 10-1-83 10-1-84 500 Fireman s Fund ()QI OW14ED : awl Insurance Company Esdh Otxurei+os (w HIRED PQ NON•CV:NED EXCESS LIABILITY 1Y4 UMBRELLA FORM CIU549919 10-1-83 10-1-84 = 1,500 Cravens Dargan/ Century Indemnity (I OTHER 'IMAN Company UMBRELLA FORM MRKERS' COMPENSATION and 20-423-107 10-1-83 10-1-84 100 ea. Argonaut Insuranc EMPLOYERS' LIABILITY 740 accident Company Additional Insured Endorsement. The Insurer agrees that the City of Huntirgtott Beach and its City Council, and/or all City Council appointed groups, committees. commissions, boards and airy other City Council appointed body, and/or elective and appointive officers, servants or employees of tim City of Huntington Bench, when acting as such are additional insureds hereunder. for the acts of the insured, and such insurance shall he primary to any insurance of the City of Huntington Beach, as their interest may appear. F.METT AND CHAIOLER_ Do" INSURANCE COMPANY Name Address City AUTHORIZED REPRESENTATIVE By BY Addrm 1800' Ave. of ow City Los Angeles, 91 (213) 553-21M� RANCE #40 HOLD HARMLESS AGREEMENT Ito be exemsel by insuredl The Inrured • --.--.agrees to protect. defend, it*owlify. so". end hold hmmlees the City of Huntimton Bomb its olfican. egents, and rtttployan against any liability, lee, dar ngs, ocwt. or expense by reason of my and all liability, suits, claims. demands, jutilp rients and cours of cation caut+ed by insured, his employers, agents cw any subcontractor or by any third party arising sit of or in ocnawgwnoe of the peffonnence of all or any stions or activity Im wh ch this cwtificate of In suranca it furnished. 001 Wit Proprietorrliip (2) Partnnthip 31 ation (dl i?tW (11"te) HOLD IulNAtS5 SIGNED: By Ir.w.d: Tile IAN nema *A* ►s p10t0d er tYpVl Ys4I seeh'meter• 1 Br lerwatl: ; Title 411 r&aa Y' ;! Carprrstiarr. r MD Offim, Duffer tern. ar prmm ew w m of n+eMrtesiieR to bird Cs+.pantlan. :e Pff!svp 1367.43 - GC •��� ,�; �• Fee 0/ SUMMONS MITAC/ON JUDICIAL) ow caw► Nest any -----"WOO"" u o a AA fwen— NOTICE TO DEFENDANT: (Aviso a Acusado) 1 CITY OF H JNTIN3TON ©EACH DABCO CONSTRUCTION COMPANY, a Corporation; FREMONT i OFFiCF OF T14E CITY CLERK INDEMNITY COMPANY, a Corporation; CITY OF HUNTINGTON MEMORAND.iM OF SERVICE BEACH, COUNTY OF ORANGE, a Political Subdivision of SERVED ON: the State of California, STEVE LEWIS as Auditor of ` • the County of Orange, State of California, and ROBERT L. CITRON as Treasurer of the County of Orangii, State of California and DOES 1 through 50, inclusive YOU ARE BEING SITED BY PLAINTIFF: rRoccs: srRvc� � ! (A Ud. le estii demandando) TOM MALLOY CORPORATION dba TRENCH SHORING COMPANY, DATE: You hrw 30 CALENDAR DAYS after this sum. most Is samd on you to file a typewritten to- spomm at this court. A letter or phone call will not protect you: your typewttttett responsa must be in proper legal form If you went the court to hear your case. If Yost do npt file your response on time. you may lose the use. and your wages. money and pro• petty they be taken without further warning from the court. Thera ere other legal requirements. You miry went to tail an attorney right away. It you do not know an attorney. you mom► cap an attorney refer - rod service or a legal aid office (listed in the phone book). The name and address of the court is Orange County Superior 700 Civic Center Drive Santa Ana, CA 92701 Dmpuls de qur le en► tiene un plaro de 30 DIAS CALENDARI'OS oum una respuesta escrita a miquina en eats torte. Una carts o utut fi amada 'rteW6niu no k ofmce+d proirccidn: su mspueerta exi to a mhquina time quo cumplir con las lormabdades kpiia apinhaiadas si L-M d quiem que a conr escuche su cata Si usted no prewnta su resp-mma a tiempaa put* pm*r el cases s k pueden quitar su talaria su dAm V otm cocas de su propiedad sin at•iso adkiout pw pane de la torte. Ex;sten otros requisites kpks. Put* que usted qukra llamar a un abopdo inmediatanwnfe Si no corwr a un ablapda puede llamar a un wn** deg r+e emwia de abofidas o a una oricina de awda k1d (Kw e4 dirwlovio le/tlanicol. if' nombre ► dorKcton or 'a corre ei• Court ties-, The name, address. and telephone numt)er o! p;a+ntiff s anotnev or plaintiff (El nombre. to doreccorn ) el numero dt• of, abloPao or drrn„Ca'r s M a./ Mahout an attorney. is t r vr•' de•mrndantr Cur no tone abado;-efJ. < PLOTKIN 6 RAPOPORT r'' �'-'' v 16633 Ventura Blvd. Sixth floor 1 Encino, CA 91436 --"' (E18) 906-1600 DATE: G �avILa Clerk. t» Deputy tk-Out �a 13 t9pF WS "xi-4na taus:) rrLALi NOTICE To THE PERSON SERVED. You are served 1 1 1 as an nodrvildual otlendant. s+� 1 ! ' as the person sued under the fictct►ous name of(spec4l. 3; or, behalf of Ispetiryl lJ� I under CCP 4.16.10 lcvrporatwn) CCP 416.6+0 (mrux) ! ; 1 I CCP 416.20 Idefunct cotporation► CCP 416.70 leorowwttt► II CCF• 416 40 (association or pennershtpl CCP 416.50 lax wvduell otrrsr; I-. --j 4 = by pt dare a•► I VM On IdOW . 33 _11 ow- he"$ r of 1610 tal tv hroo of sorveel ?*"Vag • ►•as. . 12 13 14 15 16� 17 18 19 20 21 22 23 24 25 26 27 1 2 3 d 5 6 7 8 9 10 11�1 TOM MALLOY CORPORATION dba ) TRENCH SHORING COMPANY. ) Plaintiff, ) a V. ) } ! DABCO CONSTRUCTION COMPANY, ) I A CORPORATION; FREMONT ) i INDEMNITY COMPANY, A ) i CORPORATION; CITY OF ) l HUNTINGTON BEACH, COUNTY OF ) ORANGE, a Political Sub- ) division of the State of } California, STEVE LEWIS as } Auditor of the County of ) Orange, State of California, ) and ROBERT L. CITRON as ) Treasurer off the County of ) ' Orange, State of California, ) and DOES 1 through 50, ) inclusive, } Defendants. ) ATTORNEYS FOR PLAINTIFF 021186/65.4 CAS/SVP 1367.43 GARY A. PLOTKIN, RUSSELL H. RAPOPORT, CREIGHTON A. STEPHENS, STEPHEN L. BURT* JOHN D. MONTE, MEMBERS OF PLOTKIN & RAPOPORT, A.I.P.C. 16633 VENTURA BLVD., 6TH FLOOR ENCINO, CALIFORNIA 91436-1861 (818) 906-1600 6y LOFMALt. Gov . NA frL�� MAR 13 LOM SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CASE xo483752 COMPLAINT ON BOND AND STOP NOTICE (PUBLIC WORK) PLAINTIFF complains and alleges: �. CAUSE OF ACTION (STOW NOTICE) 1. Plaintiff is now, at all of the times herein mentioned E was a corporation duly organized and existing under and by virtue 1 1367.43 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the laws of the State of California, doing business in the State of California, pursuant to and as authorized by the laws of the State of California. 2. Plaintiff is informed and believes; and thereon alleges that all times herein mentioned, Defendant, DABCO CONSTRUCTION COMPANY, (hereinafter "DABCO"), was, and now is, a corporation duly organized and existing under and by virtue of the laws of the State of California, and engaged in business in the State of California. 3. Plaintiff is informed and believes and thereon alleges i that at all titues hrein mentioned, Defendant, THE CITY OF i HUNTINGTON BEACH, COUNTY OF ORANGE, CALIFORNIA (hereinafter "HUNTINGTON BEACH"), was, and now is a political subdivision of the State of California. 4. Plaintiff is ignorant of the true names of Defendants, DOE. 1 through DOE 50, inclusive, and has therefor sued them by the foregoing names which are fictitious names, and asks that when their true names are discovered, this Complaint may be amended by inserting their true names in lieu of said fictitious names, together with apt and proper words to charge them. 5. Plaintiff is informed and believes and thereon alleges that on ;r about. September 28, 1984, Defendant HUNTINGTON BEACH made, executed, and entered into a certain contract with Defendant DABCO, whereby DABCO agreed to do and perform the following work, to wit: the construction of the West Boundary Trunk Sewer No. CC-608. 6. During the course of said work and the construction of said public work, and under and by virtue of the contract between 1367.43 1 2 3 4 5 6 7 8 9 10 11 12 13` 14 15 16 17 18 191 20 21 22 23' 24 25 26 27 28 Defendant DABCO and HUNTINGTON BEACH between October 24, 1984 and June 27, 1985, Plaintiff furnished certain materials consisting of trench shoring, trench boxes, cable, and other equipment and materials as more specifically set forth in Plaintiff's invoices, true and correct copies of which are attached hereto as Exhibit "1" and incorporated herein by reference as though fully set forth. At its special insistence and request, materials were furnished to Defendant DABCO to Ga unpA- �tio same were actually used, in, upon, for, and about, the construction of said public work, to wit: No. CC-608. 7. The labor, materials and equipment so furnished to Defendant DABCO as aforesaid were and are reasonably worth the suer of $19,498.00. 8. There remains due, owing, and unpaid to Plaintiff at the time of the filing of Plaintiff's verified Stop Notice and Claim of Lien, after deducting all just credits and offsets, the sum of $19,496.00, and the same has not been paid, neither the whole or any Dart tnereof. 9. Within the period of 20 days after Plaintiff first furnished labor, services, equipment, or materials to the job site as hereinbefore alleged, and on or about October 16, 1984, Plaintiff cave to Defendant DABCO, the original contractor, and to HUNTINGTON BEACH, a written Preliminary Notice as prescribed by and in accordance with the requirements of Section 3096 of the Civil Code of the State of California, a true and correct copy of which is attached hereto as Exhibit "2" and incorporated herein by this reference as though fully set forth. 10. Plaintiff performed his last work and furnished the 3 1367.43 ti .I 1 1 last of his materials on June 27, 1985, and thereafter and prior 2 to the expiration of the period within which a Stop Notice must 3 be served as prescribed by Section 3184 of the Civil Code of the 4State of California, on the 29th of August, 1985, Plaintiff filed 5 with Defendant HUNTINGTON BEACH, its Stop Notice and verified s Statement of its claim herein as aforesaid, pursuant to the 7 provisions or Section 3103 and 3181 to 3214 of the Civil Code of 8 the State of California, a true and correct copy of said Stop Notice and verified Statement and claim of Plaintiff is attached 0 hereto marked Exhibit "3" and incorporated herein by this 10 1111 reference as though fully set forth. 1211 11. Said Stop Notice and verified Statement of Claim of 13 14 15 16 Plaintiff gave notice to the Defendant HUNTINGTON BEACH, that Plaintiff had furnished labor and materials to the contracts:, DABCO, stating in general terms the kind of labor and materials furnished and the amount and value of same and the who3e agreed 171 to be done or furnished and requiring Defendant HUNTINGTON BEACH 18 19 20 21 22 23 24 25 26 27 28 to withhold sufficient money due to Defendant DABCO, to answer Plaintiff's claim. 12. Plaintiff is informed and believes, and thereon alleges that the time and times of the filing and service of said Stop Notice and verified Statement and Claim of Plaintiff (ExhiLst "3") as aforesaid, there was a sufficient amount of money due from said public Defendants to Defendant DABCO, under the contract hereinbefore mentioned, to answer and pay Plaintiff's claim and the reasonable costs of litigation thereunder. 13. Said public work was completed and P Notice of 4 1367.43 . % I 1 2 3 4 5 6 7 8 9 10 11 12'. 13' 14I 15 16' 17 18 19 20 21 22 23 24 25 26 27 281 Completion duly recorded on January 10, 1986. 14. Although demand has been Trade therefor, said Defendant DABCO has failed, neglected and refused to pay said sum of $19,498.00 or any part thereof and there is now due, owing and unpaid to Plaintiff by said Defendant, the said sum of $19,498.00. 15. Plaintiff's claim has been filed and all proceedings in connection therewith have been had and done as required by the provisions of the statues of the State of California. 16. In the preparation and presentation of said Stop Notice and verified Statement and Claim of Plaintiff in the Institution of these proceedings, Plaintiff has employed the law offices of Plotkin 5 Rapoport, An Association Including Professional Corporations, as his attorneys and will seek a reasonable fee to be allowed and awarded Plaintiff for and on account of said attorney's fees herein. SECOND CAUSE OF ACTION (PAYMENT BOND) 17. Plaintiff repeats and realleges paragraphs 1 through 16 of its First Cause cl Action. 18. Plaintiff is informed and believes and thereon alleges that Defendant FREMONT INDEMNITY COMPANY (hereinafter "FREMONT"), was at all times herein rentioned and now is, a corporation duly organized and existing under and by virtue of the laws of the State of California and authorized to transact business as a surety upon bonds or undertakings in the State of California. 19. Before entering upon the construction of said West Boundary Trunk Sewer, No. CC-608, and performance of the work contracted to be done thereunder, and in accordance with the k1 1367.43 i 1 terms of said contract, said Defendant DABCO, as principal, and 2 Defendant PAEMONT, as surety, duly made, executed and filed, with 3 said Defendant HUNTINGTON BEACH, a certain surety bond bearing 4 the date of September 28, 1984, which bond was made, issued and 5 executed as aforesaid in accordance with the provisions of s Division 3, Title 15, Chapter 7, Sections 3247 to 3252 inclusive 7 of the Civil Code of the State of California, which bond so given 6 and filed, referring to the contract above mentioned, provides 9 that if the above principal, contractor, person, company, or corporation, or his or its subcontractor, fails to n_ay any of the 10 persons named in said Civil Code Section 3181, furnishing labor, 11 12 materials, or services, etc., for or about the performance of the work contracted to be done, or for any work or labor done thereon 131 of any kind, thFn said surety will pay the same in an amount not 14 exceeding the sums specified in the bond, and will also pay in 15 case suit is brought upon such bond, such reasonable attorney's 16 fees as shall be awarded by the Court to the prevailing party in 17 said suit, such attorney's fee to be taxed as cost in said suit, 18 and to be included in the judgment therein rendered, as in said 19 bond and in the above -mentioned statute provided. Said bond was 20 and is in the sum of $15:,784.00 and contains al] the 21 stipulations and agreements required by said act to be contained 22 therein. 23 20. Said bond was duly filed with Defendant HUNTINGTON 24 BEACH, and approved by the regularly constituted authosi�-ies 25 thereof. 26 21. It true copy of said Bond is attachod hereto and 27 incorporated herein by reference as though fully set forth and 28i 6 1367.43 a 1 marked Exhibit "V . 2 22. although demand has been made therefor, Defendant 3 1 FREMONT has failed, neglected, and refused to pay under and pursuant to the terms and conditions of said Surety Bond Vieretofore referred to as Exhibit. "4", the amount due Plaintiff 6 8 9 10 11'1 for said labor and materials furnished, to wit: the sum of $19, 498.00. WHEREFORE, Plaiatiff prays judgment against the Defendants, DABCO CONSTRUCTION COMPANNY, a corporation, and FREMONT INDEMNITY COMPANY, a corporation, jointly and severally,, in the sum of $191498.0n together with interest thereon at the rate of ten 121 percent (10%) from the 28th day of August, 1985 until paid, __,; together with the costs of suit incurred herein, snd for 14reascnahle attorney's fees in a sum according to proof at trial � and further prays judgment against Defendant, CITY OF HUNTINGTON 15 : BEACH, COUNTY OF ORANGE, CALIFORNIA, decreeing that any monies 161 I withheld by said Defendant under and pursuant by the verified 17; Statement and Claim of notice herein mentioned be paid to 18 �' Plaintiff and be applied in payment and satisfaction of this 19 judgment; and for such other and further relief as the Court may 201 1dee-m just and equitable. 211 22 Dared:3•11►W, PLOTKIN & RAPOPORT 23 An Association Including Professional Corp o . ns 2 4 �+-"� 25 26 2? Attor for PLAINTIFF r 28 7 1367.43 1 1�}11111.i • �Ibp • "Am low" AVALON OLVD. o+st w-sw • pvo ts+•r m INVOICE NIA• 42480 $41616 .1 ow Pow To _ rL""C7 �u`;• �,� I .'''• r �.r:E,c:r' �r�w.• ,r,.... !1 wnr�..wr ...r.rr• ' l �+/•• n.''T / • • - i � � • / �� 4 C / ✓ iljC. '.:r,+r;i� �•r r ' r •••-•rw.rra-•w w.n.w.�nir.r-rr. RED Erl SALE D fir(. S- �.r.•., TO i^� Comm pt �ico �r7•�^•�•T j" +r.� ' :..... nsv�.•wa OVf wrworm M...w..w� O ears Net? ►aft- r0! �� � �tA3 T ���_ 7 1 v ►� � / r r i �"j � J IOYA tT► Uftllf POKE • .TWAL �D[��rlMtl�� i / 1 ' � • ` / / i. L•. ... .� •� ! t-• •.... =' i /'•/ 1�� c• tip t. m 1-h, t •� r 1 ��:r�l r •�r `.. i w. •► G i V i•. w..3� .rr` ``. i jv..�. �j •..,4 r i "-•fit" � 1•-'C?..,rrw'�;:. �`�7. -••- L.,« f�� !p.•.G"1�.-. I AS. r� � 1:.. � � c'�G • ✓ PA � r :._....1...:�-''�'- �'�"-�.. 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K IT RENTAL OR i LADOP LR SALL �.1 1Vit1fY I SHWINC. SM i D[L•„ IVr, C!lARGt 1 REFtTAI RT , ri 1 RESALE NT � ,y TOTA.L ry--+�"-•'�'-`... is glow INVOICE e J.- r 162- r • J 1 • ��..M atonT�0y11�C1 ,. iAi.[ posts* ......... +�A.Iw.•r*a In INS L • . '`..: .:. ^,ice- 1�_ r�+ r. .) up"Imuls To }y . i ■i1�1�""���w....-r....�-.. � aa* HIYOs" ••OM♦ /M •aiaa +�..�,. �w�.•i..+. EATI't Y 1�_ r MIATI `�lj� —1.1 .i� G, :r1:1...�a�•I....I.a,.���1�1'R'1NIN��..�w�. pattllr rlgw Vatlf ►wtL1 1ta CTr. .tr wd 'Fisc..x • Y � � ice. � /�tl1 ��wl. M�1=� •� ....ice. 1 + 1 ( 1 "'+r. -11- it • ' - `.{+�.; W,1-.. • .• ••: •tip r. (1+� 4 ... - d ( w1...,...� ....... , I 1 i •w� 1 1 • • • s 1 • ( r. I 1 ; • 1 1 7%%► O MONT%$ tAtt .A"1810 ca.~ M" k#J= 4vs• sr oAts PWM Brut. ruRrH"cx % Rcct►r aR TMI A&ovt IS Ac,<OOPtoatAAND .Rovnroft 14"ESTAX to ' STA77D OrV TMf R!VIAU SIDE ACUPITC. It IT AfWtAt Oft LANQR Le1 btu. [} kr[LIVERY 51/1!''ING SN `.�„•,�+~ •; InCIf•U►.ZMARra RENTAL RT I RESALE NTH !Y .,,........-- ............... TOTAL Qr•r • w10 w d I M WON .., . + •..:, a . f , ,. • + 1Rti�� • • . wil 1+0:fifiiiMd ��/,// • • • �. J7 -P A A�: f. L/ lJ L6/_.l..r LL - d %y-. a tn►-TJV r .ryr�w��� v.w..•r�. i+M r�++r�rr' ,mow ft[SITAL ' ' SALT: ❑ - rw.rfwL • — a t* ana �, Trwwt ► • .tr.,.. u t6• . n s.�c. it s ^ ��r" • OII4 MW rUOwLi � Mf 1�s�00s r •MN r�• , �. -' �""'1...�«+.a� two.. rr �P CIA Afti�G r• w �Zf« � ��`�j M . •r •.i.• .. ORKpt�7►ON► I � � O At or M• i � , 16.0 f .. r.. fan, i r i ,...Cft' i..+�� ......"ram �r.r-rw•.-�•r•r � Yam.--.•w�w� •+ I { f { 1 1 l ' � l "V& RN Mosnw LATt VAV&4WI CKAOW ON N ALAM t O S tN aert PA" A^ � VIACMASiS AFCFWT Of THE AVOW IS ACUWO1YiUMV AND P*OV-*SI T � *ALES TAX SUM ON Mt AEVIAU V" ACE' MD. K fT AEWTA: 00 { LA1iCfM SA1G Ij Wff+fIWG ❑ FALti/[AY ❑ / ;CK•li.+ CND 1RG[ t REMIT AL 4 RCl..1Lt r,v TEAL..__. d K i Li sm R 7 RT w I s R •... OVNTNJ w sum J � .'MSS " •,a�� ��r •... � � •.� ,�, rr .• .. �� - aJN�lIM1l CrtlJr0�r111i ► •' ' � .. . . ff.5 ?.a t:_. .. :La• 7-ti w.� lal.+�r�•---�• U..*..�li� Mp �C +•�� A�► :�e.. .. 7�AL.[ �i.• _ .� • .t �� � r.a>:., •., Vanr�.r'%%,ia • .:•�� ��• - O OMU+1tMW010 NM IMVOrpTw- • •'•�'�Iwll+• a~. r •y. •. �•e!l��YIM�OI�' .• .��� AnwrlD VIA Qtlt�elT�O� UMiT l /f• Aa lNi�u i I i I • � 1 / V ^r^ Vr I . I 1 � i I i ..Nt NR woorm IA m cm •A6AW." Ono, 30 DAVS Par puc AICEIPT GW Ml ASOV•% IS ACXIvD*%IDGEL AND IROVIVONZ sunp oA '+I[ RfVIRSl SIDI ACC P"D. I! IT Afk A4 OA SAll. w p"IVERY C PIGK•V► CHARGE .- r PURCHASE'S rP S A LCS TAX IK { L.ASOP LID 1 h�� RENTAL RT I RESALE NT y...� TOT . u (. 37« • � Al[MTALi • . W.� - • /I/M14CE � •IME�+e tom'• •�. r �. �... t . •: 14WO ✓ARM AVALON WU :� _ � , � t• • -�• i PNI� couvokmap is OM; wil voick- DST( TV I • � - r.�.■..■rr�rrr-�■r,. wrr �■r rr■■rr■.■.■�■■r�r � r _ .. •' �.. � ,. J: ' - Ft& tw► t ' •/" '�'�'• ` VA- { •". ,?�� (�� •� i tiw ✓`'�• •�..�/ �.~i I !!.'r.... ~%.i + _ !....i+Ya.r•�•.«+:s..G..a..i.Fseo�..:... { yam' �ri� 1 �,• •;'. I" VCR RNOWT • ►•An ►AY1w1117 awNO ar• "w6" a ow1A !C DAYS ►Azt Out { PURCHASES RECENT Of THE ABOVE M ACKNOWLEDGEt AND •AOVISIOnr: SALES TAX S-TA770 DOV THE REVEASE SJDE ACCEOrM KE It AENTAL Ui � LABOR SALE. OELIVFRY i SMILING �j PICK•Up.CMARGE !RENTAL RMLE By i 9 �YrM l" %ftu WAl ALOI 1 f1rLMR1. v, >�1 IMICE NO. M03 .3�.31iTAL •w iiLt� we,rnK ,'•• • :�:.� ...:..� FI gip0 .r..+r.r..r�w..•.+.r iw�u►riD TEAM .Y �. � M 'r i'Tj � '�s �u "scolotlldw • uwit PM N► tA. 72 L40DaD r 'r"+'rrrr II � t�`Sr,fil�`•'S'! �r�'i-� ++ � •, Sir• - - 1 �� �.� I� ..•V� - .•/�• f �•. wy I _. � M...• �tti f'1.•w •w.•'w�• �.1•�/�✓w• 1, �• ' rb; 1 ' NIN Ila , I M► s.':s+ wr7C. "t' �1 a.tris't'�•- 6r P w•,c ��•rT'�..'�-:. •- 1.' • • 1. i :• f na. 1 i � - �wwr.rr•r� • � w .iF• On. �. yw,•www••rwY�, 1*% 000 NOW" LATZ VA"6410 C"Afit aw IA&AW.0 VVtlk ill D&VI •As? WL ; PURCHASCS M REC!'IK Of TMf MOVE IS ACKNOftEAGEG AND'ROVW--*C SALLS TAX 91 jt- VA7EP AA 7ME REVERS! SIDE ACCE►ITP. Of IT R NTAL Ow ! LAOM LA ULI I DEi.IV[R� SNIPPING sm i PICK-U* CHARGE MENTAL PT RESALE W-r IrmIr Ai � ! : •` •------� •ter ' , oz ;� +, • �rrriar.•iMi�i:•rwrai �.�'i�t�+�4•.Ui:s'7C'r;�-ti:�...ie�r•�.+�i. DICE -t6t•. t` ..t i`1g f�►a�►.•� {I IA11M iMO.: 7�i ��,' i waffAL we yam„_ SALt G w« Tiw111wAT1re • • W40 w.wA.C+t to......_— ••, AI>>r OWIF low *ME M. M• w • .0 G , 1 1j 1 1 pfac"VOT•C14 , WWII polits itL U� I i i { ey 717 1 1 � l i jt•r.tO MONT" uLTJ ra.w.o c"4091 a• "%,Aooctt ortt a aA•t #AV wt rURCtiA5tS �v y, AtGtl�1 0r TOO A1U+'t IS ACOLOCkv. OM ANC PROVISION% BALLS T A> 1t $?ArtD CIA 101t AtV1031.11DA ACCIPSttAl 1' 0100A. OJ �A(ft►f6 �b ' SAC t h rzzr- sm ----+�-- ' ... PICK-UP CHARC j 01:N!At, AMMTALS • SAM • WWW 1dm SOUTH AVOAAM NLMO. CALOOMM ON" 013m on4m t . 1714 TS"m VIA r.rt��'ri—.•��'" Joj r � •, l•,7 � ' ALr'•/�n/•Ii;t• /tea'. .. •.. .'` /�- . -.mac-` /�-.i •r• �'"' � i it j=► r � KWTAL SALE em �T[AYr**wTtC I�.�*i+ 7t nwwo • ova ww0*d uoT *w. •wal � ^.�' ^.w�:.Z1 •�.�...... tort - /� • JCS ,o. Mc 60041. 1 i 6[ItANT�{>•. U011 rRICI r[. TBTA► 4 w 4 t%% PIN YpaTM LAT[ •••ww "AftoI oft&A..rct[ wtw IK DAv[ WMf" Ov[ PURCwASLt P* - w--- I1IC1101 0f TMI ASOvf /S ACXJV0*•fD4jC AWC PROVISIONS 'SALES TA.X •L t STAr[f)OA rat AfffliSl SIOf ACCIPrf4 If IT PINTA, 00 SAL( CELIVERV PICK-UP CMAf+G[ APOP LIf ► KESA.t Tc'A .. Far saw ft"NO, 35201 W'dj Notice Prom W""He To Filing Chaim Oaf Lien ' And/Or Stop Notice� 1;-Doy Prel'ffWgr'y Notice" ft mown WW Ca W" at crwr3.. am tto& im efuat>� w e..rtYt � •�. '. Waaft AWW" • • • .. I ..... ;; fl; Lt]IRi� tit Loom Upso. f� �► CII�STRICT>rll 1'M/S Qt QreT} @.. r� r f • low • kW" `sow Y _w ft wtom,.,. . t �. L t' N aY'a! ••wt P" 11 w Iw+a 1trNa tilt'[ aa�= t@uT w ••a.t1•.rf w no" aft f.fte Mr sesft. to son of 1•~ • am WAR% j.l am OsrCbo W's w" '•C�tZtIL: $" Uma" w Afaf o•fr tnwrsl ltfftr Sou. X"7 Cam wl to" VWND D RrvUtet' Owne, ►out AfrL :y eel ter/ r Nov 9a.6w ..n W-W is sine t0. twwls.)♦ 1►.ri' rox 010111.1 bW16 we to are "KA• sow-s" I loco" i Olt • P1 6wr•a.f..! Leff qs f►' M home � Y Y � SUN! I r rl P, IN 10M A----"� w Ae.lt r ofAtts@ 19"M P" r •a WNW% l4 am "mum .I.1 to Wam"t fftl W no" rM M« teem •rot M nIafe IM ef1@m@► M so aw-ft �@.+ t@@•�M M sot Y « Ma 0- won .ru T! lR1itMIA1 r"i.�!*'"� COtRtAt'f0� toy Aeotttet Gortru:tor I!! 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"W1 weer 14 opt •n1.••1.w•n f1•tgf tvi•ftff 1f .t owbo is -was to •.t 11 01.1 a f"'r'r III• Ilfr hlW X son tPfr tot fft•.flff' ties fens owe--~ "Sol WvK1. ••rffa@fom r 01I110.41tt I1 fws w414 W4 0#01 IV -two ff. t•tr.rfwe 1 "w.'•. wK/N'W r• to" 11e0• rnf.•t1 ►pt./mlrff' O , m1••r«en fvfl..wG ►• 1t be fbtw'r ad pw 1• "oft sl 1 1M1/H+t1.M fwM/• he •Ife1 /t fllwf~ Wort to l.tfl•'t •' 1►1• t•flft @Reis•@ f• voiftl-W If fWYrp.we to. @veow vet sowv$f M rm.+ Met to 1r@11.r11fwe Wt. nar wfvf1 ..f..900-• « WW~L O11w wwwt •' "" vWW .@tt tW'astla Is, woot"We r' lyfl mow «•vets 00WOM W r ftW•wWft QI .r•a•fr1•r •• file rall/h lftrfflf .•.•. w .y.fft.. t•1'W. © MOTM TC PROPERTY OWWv It btt11 on 001 MW i11 stilt foo fne tuber, tan• ►tee..+virulent •f WAtefletl fut•nimiti rf to be fvrnitl/et. a t1.o0Aftii•1 lop j"dWt h fir Leta. ffAf•1"/ tlwr- %r"Wrort 0.0teeifM1. r+ r11 rf Mr4 of vow rrorefh W101 ee irll0t9vvd n1er1 N piers! rfri0ty, 1%e rrrrerf't .heal' M&WO rev Mn rote row• c1Mtto h/f M 011b TK• fore' wish t'. ►f+tw founsp gear fAu tonsoeve/1ce by I1 r%Wvltt" ew• tofn1 CIvif is fvf%#O r sivomw re►ssw ti v%# rerssw to, fifty' v" T" 1h6 we$*" bafrfe ulrk" terrflreiwt to Two cat me. lot a• ti son 0t1W forums! of "Wwt W%" 11 slrrver'#rtf rfloor Me c1f't1leAftslttst- O v ar• w'r. of e••M h f awne • W*W wow N ♦• N• f...." 1r..rf ... .wry M •1 •'t•1 here• 11.1t sow -ow « 1W f.« i' I . 1, f fk'rt w• •w 1w.f1M• I.. .Wf.s. fl••1 1lM•Ms If owe s"vr sow •' t.f4'• . ufl.twaK ••lR.ftl• 1m••f•rfrf rf4•fw r tr•ww fI@It W1.r•► l./11 o.a• olt•.»1••rt M•1./M @• Ifs1 eM'e• p 1.r .rrto • .w•-.some.• �'.f .+. f•v« t rr.w..a•. free • f.t+.er* .+ lfrl We9dw w 1.1•• sow. 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Ir f1•w.l.sr1 u •tr.w ve w o.• ►1 sow «rlfw fed M r.N •@It r fo rhR1 Ilk 1e+mw ti •e/•fw' Wirt N �@ M'ff M �`• soft fr• ItWIw • I ••••1@r.t/ t.••1 •' ••"a•r•v'�ff•'• •/104W tow tf.rw« wwfy Iola: .... twee. •/lfsr fI•••w'1a 'ar•It+ .....••. (.sy • ft...n1a•rwt ..@. b.l... roan � • 1.••.1.r 7 e 'r ►ut••.t a w 11.@•l ll.fa.1 (r•t 4 pry tflsAf 1 fM 0 1' t n• • • wow• ff.••.. ..e....r w+ w . ..... .... t. tiet . • ♦ r- ~ @+ i 1 i VMNSMSEMM STOP NOTICE IcM TO 111rl I " t uti Of rMs to cj ' ` u4_ ttM�r r e..�► ttrtwei/stir Arno' � Mlrl MtM% • �i c� Ly t• M.i % Li �T aw. t. ► C�t:.°� t.c ttnDtt v ►m-.. +l+rnt r ww• r trtl•.twr w�►• TOM µALLOY CORv COA TW At Idr-tt tt,it<at twt• trot ttat-wts W..ur. 'Tram)-. Srlorent CC 14520 S Avaton Ulve tw,. So wets-t►A CI U901� has ttnwft r has arrtt is ttrtl4f ^`r...:c�.Cr► � 2t.L C 4?��.. �L/�+�..4T trey r�•en wr+.+a auw+A to tx bftri+t rot- -AJ1;L �� �rwrr wa.r•r r wr ee+.ut fAwMt►e• r esstrrl.l to r 1r ��• �C C �'r-! ;~ _ t •• tr tr tract ramr+trx• Sol" t►; r u+o.* In w.wf r' M•e/ 1• r to tMa tow"" Ores. Ars Mr•r•-w p•tr, -41rrr ! t+.e r ►K.• aw"Us•M )w lrnat / clod t' t4 r+rmn /rift 1t f• we a trK*ft t+r C :......... — Its ~ • •!rr t' !L !• tl:. Ot7r'f ! 1✓'M1wr a rHeL• ! •4 L•cS tMG O"rrr hfrfw !' no We t _-al— I rt• M TM to. 0jilp "Elul{; is te•taK ' It,:: .. W'. ' ".' %&,w ►'t. W-11 • Low — VAT; n "ittD&J t .0�. N A..C'. ►apt GUt � I V� tt�MrtMe ^' ' • . IN toff 1M.mar a Mt I11'MMt w% ir"t hr IItt*% list K•<t to .. h Y: TUC teo N.•r led ►...n fti t*•it*!11Y•K W M ter a' Ai:_. Per iMlnfO1 11M K It r• WIV IV ?%Of' IM h!' tM'e.• OR "I't • e C„ Mtfltot� tuw tees w a k tart ra!bn net bWV _Y M.M: 11N It r rer tit�rc»rl ON aware It WWI ad It_s •• ;t:p trvES�;, ae111• ft*A 00Or N 10 WA UP" �1•'x• w...... trr •y • ,. '�. .. •^'tie . I/ tt71w•. M ear. aft. wrwr • fi. s— W" • • J ►..Y. '� �.` a r.• nrr wkww r r..w • •— n....w.n ten ...+. • aw W..w 0..w w. •nn. r.•7.n. •.a,err•• •tw •0._06. a •• silts E?:ii:FS:T "3t 13 INt0 fMC F090001T �UIlO!«• LOt &MCCLIES. CAL1IOtRMIA 6 CALIFORNIA PERFORMANCE BOND K-NOT All MEN BY THESE PRESENTS: PUBLIC WORKS BOND NO, B213530 That wt Dabco Construction a, Principal. htrttnalltr tal(tt the PIIntlpat, and FREMONT INDEMNITY COMPANY , a California torporaltorl. Duly azithortie0 to ransact a surety business Ir. Ute State of Caltiotnts. as Sut:ly. hetttnatttt tatted Surety, ate held and Itrr:aly bound unto oP City of Huntington Beach, CA :s DpirgeR, heretnaltet called ODltree. Ir the sure of Three HtLnd.-tC and Three Thousand Five Hi:ndrerr' S:x.%—richt t N01100--rcoltars (53C3, 56E.00) b. the taI , Ir.' wheteor Int Frintt=.a' and SU►ety bind thr-selves Inez► het►1 eRetutots. gmtntsttators. sue:essors and assigns„ tctnlly and stwal►l t:y I! rse prestr!s i t0`4ER RS, the PttnttPa' arc 0",IVI 1 ave enlerec tntt a certain corlta,.! if Nti!IrE. htrtrrlarlrt tilled I''t tonttatl. Cited Ip• The Construct:nor. of wets. t5.:,%rdary Tr-.nX Sever aCC-60E I 7•�.,..1.... . ...... �•`. ••.•4i, C• •}• I.tcr lief A'•crne} 1 eCC) t' wf++t► i3 to r. a• ;t ►+t•tlt tr+t wt+lV . "e►t^► Itlt"tt It hQ1r '(I+tFeCGFt `^t �t".'lit• C• t*.1; 0L,q lit? 1''1' 11 the 1 1''i` wit P" Put) ptrtt►r Iht Otto ton. I vITC It be LP'','r eC vr► eo, slit tor,, -at: tec► t"': Co: IF C• s'a' to tInt,N'st It ►trpr if !CII toret lne etftt; , 71bts t'omr s'1' It ►Iw i+r"tt'' r' !"t vrls0►'s Oltttrvcvt s^tt ',r; t'I+ 1t 1s If live 1 11�'r C' 1:1"t'• It 1U6,� rtrsC"u 0' Of" 6' lhtt• 11111a1 rr VW 1L :J("' t,"' t!IJ1 �:nC i:';.�L :--ond _r, a::eCt_ve or, the eatt c: the r'onerac. A•�.I :t tt jL'e:� 1Rat Ot i►':: tiled ,. St►rt.' I:C" v C.IC k:+fir: C. St:1e.:b L Co., F.C. Flop rt c S Il : � : R ti ; .. � ' , " , r, • ... '� _._.,.:_F , . c t t • � . war : _ e r.�t ^ E . : c rtoEk,pt.'r tnf^Efool 14 C0MaAh� 8' 9 10 11 12 13, 14 45 15 17 1a ,Q 4o 2' 22 ^3 24 2.6 26 27 28 �j VERIFICATION STATE OF CALIFORNIA COUNTY Or LOS ANGELES I have read the foregoing COMPLAINT ON BOND AND STOP NOTICE (PUBLIC WORK) and know its contents. I am an Officer of TOM MALLOY CORPORATION dba TRENCH SHORING COMPANY, a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I have read the foregoing document and know its contents. The matters stated in it are true of my own knowledge except as to those matters Which are stated on information and belief, and as to those ;natters I believe them to be ..rue. Executed on February �-� 19E6, at Gacdena, California. TOM MALLOY f �. r, 13(7.43 �rY SUMMONS (CMACION JUCICIAL1 NOTICE TO DEFENDANT: (A►•iso a Acusado) DAVID POPPIN and BRUCE POPPIN individuall-► and doing business as DABCO CONSTRUCTION and DABCO CONSTRUCTION; FREMONT INDEMNITY COMPANY; CITY OF HUNTINGTON BEACH; ONE DOE, TWO DOE and JOHN DOE COM.?ANY, YOU ARE BEING SUED BY PLAINTIFF: (A Ud• le esta demandando) MISSION CLAY PRODUCTS CORPORATION, a California corporation You have 30 CALENDAR DAYS shot this sum- mons is served on you to file a typewrituin to. sponte at this court. A letter or phone call will not protect you: your typewritten response must be in propor legal form if you want the tour; to hear your case. If you do not file your tespense on time, yo'j may lose the case, and your wages. money anti pro - petty may be taken without further warning from the court There are other legal requirements. You n►ay ...ant to can an attorney right away. If you do not know an attorney, you may call an attornhey refe►• tal se►vtcr• of a legal aid office (listed to the phon,s book) ------• rjoro nut CITY OF HUNTI 1 .OFFICE OF TrEMCITY Y I SERVED ON:CLERK MEMORANDUM OF SERVICE • .. 1 dw TIME: 1 t Despat4 de que Ir entnF�,RR7f'�3T.T'cr iron /ut errs usted tiene an plaro de 30 DIAS CALENDARiOS Para pre-sentar una respuersta escrita a m iquina en esta cor'te. Una carts o una llamada (clefonica no le ofrecer3 pnrtrccion; so rrmpursta eurita a m iquina tiene que cumplir con )as fonnalidades legales apropiadas si usted quirre que la torte mruche su casa Si uste d no presenta ,to rrs/rue+sta a Ne'rnpa purde perdu t4 casts f lei purden qui(ar to salaria su dine >, otras cocas de +u pmpiedad sin a74w) adicional por parer de la cor e. Fsisten otnrs nVuisitos le►gales. Purdy grrr ustrd quirra /limit a un aboXado inmediatamente. sr no conrxr a on abapda purdr Ilarnat a on wmicio de refrerneia de abogidos o a una oficino de as uda legal (►ra eel dirrdnrio le•Irfoniettl. •S% 40M1t1•• ONW41.1 M` 1.b► t r •. .lr r .let t 1 t , :' tr,l cr,1' ! .,,, .• r , tr .t,, r. 1 'ZI -.._ �— .. 3, ui 1:."I'7R C' .'F CA:,1IFORN:A, C'1;,", Y rlt:- 1*1A ;,[. 1 0 C 9 • I 1 t,'r ,1'�. r . I.p. 1,• .1'1 r1 : A M Ire(. .1 11'' ('•• "yin , . . ♦ 1 1 1' Ir r . .1' •. 1 �• � ' � .� �� .1. � •`1 .rt'•1/ .l: ••A AIL r'It N � /.' k' r A 1 NOTICE 1'A T►It PE1150M SERVED ►.tt. are to+.eA �� _...r_"__.r.....r-�.... S as a" ''�:1't rtll,d t71+'rr�dlltlt i QS (IM (•t.r\IH` 1,/t•17 4r`ttrr thr C'I'Vous t1�'t\► Ur f7;'.p..rt% J .1 x cW' t.eh.111 cat 1; rt •�y' C-,, • ( y r • �/ '� r''''• ul'7Rr Lrr' 47t'' 1,' i.- •r tic►raGurll .../ CCP W- 60 Unlnor) r 41 :: 11)1'/;,nr t cctrGl{,•at�nnt • CCP 416 70 ICextte►volero C,;r 41(, 4() Iaa�;rvatllln a pwlrtnM•s•a„rl } UP 'tic :10 Ithlrt✓K1urAlt �Olhbr 4 .4y p/tlr vw dei,,.•rry to% Idate! ►-- r►~9A r.. Akio tool t3e� .ttv+.oa 1a P+enl 01 t►arks? •rt;.,. v aw rr.•«. •au SUMMONS t c• 111 �I 2 3 4 5 6 7 8 9� 1p1S 1 • CLEMONS & CRANDALL Attorneys at Law 1417 South Broadway Street P.O. Box 2396 Santa Ana, California 92707 (714) 542-4757 Attorneys for Plaintiff IN THE SUPERIOR COURT OF ORANGE JUDICIAL DISTRICT COUNTY OF ORANGE, STATE OF CALIFORNIA 1 MISSION CLAY PRODUCTS CORPORATION, a California corporation, Plaintiff, 13ii vs. 14�' ti DAVID PCPPIN and BRUCE POPPIN 15 individually and doing business as D?%BCO CONSTRUCTION and DABCO 16 CONSTRUCTION; FREMONT INJEMINITY COMPANY; CITY OF 11UNTINGTON 17 BEAC1i; ONE DOE TWO DOE and JOHN DOE COMPANY, 19 Defendants. CASE NO. COMPLAINT FOR MONEY PUR• SUANT TO NOTICE TO WITH -- HOLD; TO ENFORCE PAYMENT FOR LABOR AND MATERIALS FURNISHED UNDER SURETY BOND; AND COMMON COUNTS t� ! 20 I'll ain'.if f a11eacs 21, L2;, That plaintiff dues not know the true names of the de- � i 23„ fendants sued herein as One Doc, lVo Doe and Sohn Doe Company ands 24that. when the true names of said defendants are ascertained, I 25 plaintiff will ask leave of this court. to amend this complaint. � ?6.j II ;7 28 Ut NCr:R 1'1NA4L1Al1 A VT% 4 l A A �,AyS• ♦Y� C.A.• �••� �414'�I That at all times herein mentioned, plaintiff was and now is., a corporation duly organized and existing under znd by 1 2 3' 4', i 5', 61I 71 11 12 16 19 20 211 22 '' 3 24'' 4 261 27 2Bf CL I NV.N4+►CGAhOA►► � •ty.Mf •f �� .AA !2 • virtue of the laws of the State of California. III That at all times herein mentioned, defendant, City of Huntington Beach, was, and now is, a political subdivision of the State of California. IV That on or about the 8th day of October, 1984, said de- fendant, City of Huntington Beach, made, executed and entered into a certain contract with defendant DABCO CONSTRUCTION, whereby said DABCO CONSTRUCTION agreed to do and perform the following work, to wit: construction of improvements to the construction of West Boundry Truck. Sewer OCC-608. V That during the course of said work and the construction! of said improvements as afcresaid, and under any by virtue of the said contract between the said defendant, DADCO CONSTRUCTION; and the said defendant, City of Muntington Beach, and between the 12th day of Novenher, 1964%. and the 5th day of May, 1985, both inclusive, plaintiff furnished certain materials consisting of pipe and miscellaneous building materials to said contractor, DJ.DCO CON'STitUCTION, at their special instance and request, which! said materials were furnished to the said defendant DADCO CON- STRUCTION, to be used, and the same were actually used, in, } upon, for and about the construction of said improvement and public work as aforesaid. V1 ! That Laid materials so furn:ahed to said defendant, DADCO CONSTRUCTION as aforesaid, '.:ere and are reasonably worth -2- 1 2 3 4 5 6 7 8 9 10 tt 12� s the sum of $46,691.06 . That before the filing of plaintiff's stop notice, hereinafter alleged and mentioned, there was not paid or credited any part of said amount, except for $10,358.68 paid and credit granted of $1r240.20, leaving a balance due, owing and unpaid to plaintiff at the time of the said filing of said stop notice, the sum of $35,092.18, and there is now due, owing and unpaid to plaintiff, for and on account thereof, the I said sum of $35,092.18, no part of which has been paid. vii That plaintiff furnished the last of his materials on the 5th day of May, 1985, and thereafter and prior to the expira— i tion of the period within which claims of lien must be filed, and; �4 l 13!' on or about the 31st day of July, 1985, plaintiff filed with ! , 14 the defendant, City of Huntington beach, his, stop notice and 15 N•erified statement and claim of olaintiff is annexed hereto and 16 is hereby referred to and made a pa. t hereof, marked Exhibit "A", , t7 (Except that the .nt of payment was 510, 358.68 instead of tB1 '.11,358.68 as erroneoL:. recited in said stop notice). That said 19 stop notice and verified statement and claim, of plaintiff gave 20 notice to the defendant; City of Huntington beach, that plaintiff' 21' had furnished materials to the contractor, bADCO CONSTRUCTION, 22 stating in general to ms t. ):ind of labor �1nd Materials furnish-► `31 ed and the amount in va'luc of the same, and of the whole agreed 24! it to be done or furnished, tend requiring them to withhold money due, `5�' or that might become due, to said defendant, OA11CO CONSTRUCTION, , 26�to answer said claim of plaintiff. Plaintiff is informed and L71i believes, and thereon alleges, that at the time of the filing And service of said atop not .IIso plaintiff, as aforesaid, .� • y,,r« ► ,ACVw.% cc and verified statement and claim of I there was svffi-:icnt amount of money due, -3- 1 2 31 41 5 6 7 8 9 10 11 12 13 14 15. from said public defendants to said contractor, under the con- tract hereinbefore mentioned, to answer any pay said claim of plaintiff and the reasonable costs of litigation thereunder. VIII That prior to the expiration of the period within which claims of liens must be filed, and on or about the 31st day of July, 1985, plaintiff gave written notice of his said claim to the public defendants above named,and to the defendant, DABCO CONSTRUCTION, in accord with the provisions of Sections 3103 and 3181 to 3214 o: the Civil Code, and on or about October 29, j 1984, provided preliminary notice to said defendants in accord with Section 3098 of the Civil Code of the State of Cal-fornia. IX That the improvement hereinbefore described and men- tioned, and the owner, City of Huntington Beach, have received 16!, full value and consideration for the said materials furnished by j 17 plaintiff to said defendant, DABCO CONSTRUCTION, and used in the i 18!. construction of said improvements, and said City of Huntington t9' Beach now enjoys the benefits and value of said materials fur- i 20;' nished and used in the construction thereof, as aforesaid. 21i X 22; That the period within which claims of lien must be 23`' filed for record has expired; and that ninety days has not 24 25 26 2Ii 28 I CAV-04 A LRA►raA►► A'T[1Rhi �1 �• ►AM' �ti�. •h� C�. M elapsed since the expi-ation of said period. XI That although demand has been made therefor, said defen- dant, DABCO CONSTRUCTION, has failed, neglected and refused to pny said sum of $35*092.181 or any part thereof, and there is now due, owing and unpaid to plaintiff by said defendant, DABCO - 4 - 9 of • and makes them a paxt of this the Second Cause .y 1 of •n without repeating the same herein. 14 15 7hat prior to the co=iencement of the construction here,,-! 6 4 ' • •in, and in accordan-e• 17: tracts between the other defendants herein, e&id lAefendant, r ,Y. •.: ComPAI;Y, as surety, executed a certain � 1. performance • +•`:` bond,2011 1 for the purpose of • :'. 211' Stater • • • w • • r 1�,� r4s, _t4• 22 contract above mentioned, and provides, among other things, that v t24 materials 23 it shall inure to the benefit of any and all perswis furnishing • be used in the •rk described • • as to give such persons a right of action to recover upon said }S• 1•26 bond in any suit brought to foreclosure the liens provided fo-1- I 27 by laws ofthe StateofCaliforniajor in a acparate.� ... 28, brought on said bond, and further provides 'hotcase suit in LAO oX • .. r . ,,..•*. ,�� ,- ,.. �', � .. r " r �ry rl{ti�1, `' IA1n�T'�1y�..,-"r� �v}'�: `,�� „l; �' jM,s r , 1 ` �.. 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V�1,� � . ;� A 1 �' Y �, f; �..�; , a a,.,': r .i ' I' ` ' ,k r, . � 4 A '.� t_�• � ''4 J , , * ..� W %!'� 4. y '1'�,� ,�5.' t ��,.'r4rr G , � 5 x ,�It >~ x 4► ,' � .xy,..� , R ~�y�. i. .4 �f }. � V .. �, �' r 1. , +,.�, � i. � y r � w '�•' •� 1 d, �. r. .fir .' t �: - � 'J� � ..F t ' - .>. yr. � ,'r 1 ew ,.� � ,•x �� �,�. � {t {, '3. �" :' �,,.'1��, _�. ;} • N f r ar ' + �'- ' `+ a,L. � •es y „1 r' tk h, i•' � 7 • • jyr, � ,f,� t'"rlA� •11 ' n y'y�r/✓� �a''�� 3* %a ��:A�r 4• ` r - *.. •�. w •� «, y ,' � i it i•' y, . r. r.T h 1% •�, '1 : � t,� � �yr• �' y•♦�,� `��< { ��` � "` y ' '' " i ,�r-. •w �' +: r1' 1 2 3 4 5 6 7 8 9� 10 11 12 13 ` 14 l i 1511 ��j • brought upon said surety will pay a reasonable attorney's fee to be fixed by the Court, and plaintiff alleges that a reaswablej sum for the prosecution of this action is $8,000.00, III That on or about August 5, 1985, plaintiff gave defen- dant, FRE:1ONT INDEMNITY COMPANY, written notice in accord with Section 3240 and 3241 of the Civil Code of the State of Califor- nia. THIRD CAUSE OF ACTION I Repeats all the allegations contained in paragraphs I and II of the First Cause of Action and makes them a part of this; the Third Cause of ACtion without repeating the same herein. ! II That within four years last past defendants became 16" indebted to Plaintiff for a balance due can an open book, account 1711! for goods, wares, merchandise and services furnished to defen- 18{ dants at their special instance and request in the sum of 19.1 $35,092.18; that no part of said sum has been paid although duly 20 i 21 22 23 24 25 26 27 28 CLEMONS •CAAMDA/L � •-VETS At OW a I f booty 900e0wa• SWA AAA MIF demanded and the same is now wholly due, owing and unpaid. FOURTH CAUSE OF ACTION I Repeats a:,l the allegations contained in paragraphs I and II of the First Cause of Action and makes them a part of this the Fourth Cause of Action without repeating the same herein. II That within two years last past plaintiff sold and de -- livered to defendants goods, wares, services and merchandise of -6- 1 2' 3 4 5 6 7 81 1 9 10 11 12 13 14I i5111 i • the reasonable value of $35,092.18 for which defendants agreed pay plaintiff; no part of said sum han been paid and the same is now due, owing and unpaid. WHEREFORE, plaintiff prays judgment against the defen- dants, and each of them, jointly and severally, in the sum of $35,092.18, together with interest thereon at the :ate of seven percent (7%) per annum from the Sth day of May, 1985, until paid,l together with costs of suit herein incurred, and for a reasonably! attorney's fee in the sum of $8,000.00; and further prays judg- ment against the defendants, City of Huntington Beach, State of California, decreeing that any monies withheld by said defendants, or any of them, under and pursuant to the verified statement and + claim and notice herein mentioned, be paid to plaintiff, and be applied in payment and satisfaction of this judcment; and for such other and further relief as the Court may deem just and 16 equitable. { i 1 t 7 ; DATED: October , 1985 CLEMONS & CRANDALL I attorneys _or Plaintiff 19+� 2011 BY: H:;GH L. WRIGHT z1 11 I� 22 ; 23 24 25 26 27 28 , GLEuAoNS • �!4ND11.1 1 AV5 V LAM 141' SCUT++ &IJO&SMA• Pit WJ?S? Stop Notice �. NOTICE TO CITE QF H HTLN—G ON BEACH PUBLIC WORKS DEPARTMENT 2000 Main StrJr,e` untinr44 °oh-entgach, California 92647 (Address) (If Public Job file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job -- file with responsible officer or person at office or blanch of construction lender administering the construction funds.) Prime Contractor. Dabco Construction Sub Contractor(If Any) None Owner or Public Body: _ City of Huntington Beach Improvement known as — Goldenwest 6 Talbert (Name and addres of project or tmprorrmirm) intheCiiyof ttir�cttvn Beach .County of Orange StateofCalifor: Missioti :lay Prociucts claimant,a Corporation Waihtaru) (Co►poranon!Parmenhip/Salt Proprietorship) furnished certain labor, service, equipment or matcrials used in the above des;ribed work of improvement. The name of the person or company by whom claimant was employed or to %►horn claimant furnished labor. service, equipment or materials is - 12abco C4nstr3jrtion ( Same of Subcontracto►/r onrractorI C)"er• Budder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Serer Pipe b Fittings Ideir►ibe ij- drtod; „ . _ , WILLIS J. CLEMONS CLEMONS & CRANDALL 40 AREA GODC 714 STEPHEN R. CRANDALL ATTORNEY• AT LAW 642.4757 1417 SOUTH BROADWAY P.O. BOX 2490 5ANTA ANA. CAUFORNiA 92707 July 26, 1985 City of Huntington Beach Public Forks Department 2000 Main Street Huntington Beach, California 92647 Re; Mission Clay v. Dabco Construction Gentlemen. - Enclosed is a Stop Notice in which Dabco Construction is prime contractor for $35,092.18 Yours truly, CLEMONS 6 CRA.NDALL WILLIS J.�"CLEMONS WJC:sh enc1 �• t u HeINTER -DEPARTMENT COMMUNICATION �uvrr.c� ��c►+ To ; Wayne Lee From : Les G. Evans Aemuntitia '.dicer/ Finance City Engineer Subject: DPBCU/FMMW INLE *UTY , ''�, Date : Sept�er Wr 22, 1987 'I' hh DC)U:1DAY TfdltiiC S � C;C-608 Please prepare a check in the ant)unt of $22, 683. 25 to Fre nont Inderrri ty OaMany as final payment for Cash Contract Nubrr 608. In addition $ 5, 225.53 in project funds :,hould be trans fered to reirburse City Account 415445 for monies spent to repair a traffic signal darraged try LXBM Can-: Lris_tion. The remaining project funds sho.ild return to the City's sewer fund as liquated assessed against DABa) Construction. 'Ihe che& shoiAld be sent to the attorney, representing Frem t IndaTrdty: :sir. Brian Case Lanak and Hanna 170 South Main Street QMU Orange 0% 92666--2R90 Ae: DABCb, Claim 857385, Bond 213530 LCE : J:4: ik cc: yci ty Cl e r4�. .t. Pit K•t�+ To Subject i CITY CW HUNTINOTON !l&H INTER -DEPARTMENT COMMUNICATION JACK 'MILLER From TED ENDRES I Principal Engineer Deputy City Attorney Dabco Construction September 8, 1987 (CC-608 ) Date All of the Stop Notice claims on the above referenced project have been resolved and we have now received all of the necessary legal documentation. My understanding is that the city is presently retaining $43,308.78 from which $15,400 and $5,225.53 should be deducted for liquidated damages and traffic signal repair respectively. Thus, the final payment on the project may now be rude to the surety, Fremont Indemnity Company, in the amount f twenty-two thousand, six hundred eighty-three and twenty-five hundredths dollars (*22,683.25). if you have any questions, please do not hesitate to contact me. Thank you for your help in this case. GAIL HUTTON City Attorney By TED ENDRES Deputy City Attorney 37451 ►'IECORDING UUESTM g; �N° WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of tW City Clerk F'. n. Box 190 Huntington Be.0% Calif. 9260 EXEMPT G 1 NOTICE (IF COMPLETION 0 CC-608 RECORDED IN OFFICIAL RECORDS OF ONANCIF COUNTY CA(,NGANIA -4 0o PM JAN 10'86 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Belch, California to �gQHCO CONSTRUCTidN 5692 Edinger Avenue, Huntington Beach, CA 92649 who was the company thereon for doing the following work to -wit: construction of the West Boundary Trunk Sewer, Project CC-608, in the City of Huntington Beach, California That said work was coripleted by said company according to plans and specifications and to the satisfaction of th,: City Engineer of the City of Huntington Beach and that said work was accepted by the City Councii of the City of Huntington Beach at a regular meeting thereof held on —_ January 6, 1986 That upon said contract the FREMONT INDEMNITY COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 7th day of January , 19 86. 4tyerak- and ex-o is a Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Grange ) 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. Uated at Huntington Beach, California, this 7th day of January __► 19.86 ?his document is solely for the efflotol business of the CI%T of Huntington Beach, ns contem- plated unaer Government Code See. 6103 and should be recorded ltree of c►mrae. Wyffek and ex-offic o er of the City Council of the City of Huntington Beach, California W11LN RECCRDEn MAIL A: 0n ut iMN1114GIM MACH (Nike of the CITY M.0% t' 0. Ifos 190 11u1ihnefuli tlr.,, 1t 1:4111 421�ah CONFORMrD C0Fly vot C0171paped with 0*al EXEMPT C1 iM I K E 01 rii�lpt i. i s arf CC -tines �� r 86-.013931 NOTICE 1S IIIREBY GIVEN iliat the t.ontract heretofore awar'drd by the City Council of the City of Huntington Ileich, California to ____IIAgrn_W1STKt1�IlQti _5fg2_fdinyer_Avenue �_Huntington (leach. CA 92649_-__._. Who was the romorany thereon for doing the following work to -wit: construction of the West Boundary Trunk Sewer, Project CC408. in the City of ►luvitnc;ton Beach. California RECOMXD IN OFFICIAL RECOFOS OF Op/ NGE COUNTY CALIFORNIA -4 oo pM JAN 10186 NWAOFri It►at said work was cr-mpleted by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and tnat said work was accepted by the City Council of the City of Huntington Beach at a rellular meeting thereof held on lamiar f,. 19t;a That upon said U,r.tract tf;e FP1M:)'11 iNVIMt111t' 1(01"A'10 was surety for the band given by the said company as rt-quired by law. Dated at Huntington Beach, Calffornia, this _7tt,- dsy of - .lanuary ly Hf, i ty err an_ es-o �Dc of the City council of the City ut luntington Beach. California S1ATL OF CA talk?411 1 Lounty of Orange ) City of ilunticglon Beach ! 1. 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 Ct1MPLETiON is true and correct. and that said NOTICE OF C(HPLETION was duly and regularly rrdered to be recorded in the Office of the County Reorder of Orange County by said City Council. Dated at Huntington Beach, California, this 7ti, day of _ January 19b6 Tn#s doei+wont is solely for the errlaipl business or the City of Huutin!tc1 ldoech. as oenteAe- pleted undor Goverrrwoot Code Soo. u103 mW should be recorded or" 4t ChRrRs. CitY eri ir. ei-affic o C erk 16 of the City CounciF of the City Of Ifuntfnyton Beach, California USE BALL POINT PIN ONLY - PRESS FIRMLY It CASH RECEIPT fe • CITY OF HUNTINGTON BEACH '• rD Box III HUNT INGTnNatAr,4 CAI IF0A►41A 92640 �y �I �! 17141 5.T5 5511 5 4792 41 2.00 MO CITY TREASURER WAAREfl-. HALL e/ I g/ 25, 2-00 TL DEPT 1SSUINr.._. ,, __. 0AT( NECEIVtDFRf7M—1J{'__.Ir-�'sz,,C�. '�t- ^'t,�i...��tl�!'.•'_____._ Fool •lf ::{Its _ • / �: i„_ 1 .. � C 11 A . u.t'c�tI'I:1. •. 1 A1N'1U•. T 71 TOTAL i• t' No. 329596 :- - CHIT '\ 0 USE BALL POINT PEN Ofit Y - PRESS FIRMLY 0 CASH RECEIPT r♦ CITY OF HUNTINGTON$E54gN 2.00 „0 Pv BOX 711 6/30/85 2.00 TL 04UNT1fjT0N4 KAC#4 CA, 4fC*4?itA 92W, ��! I�t>f15'Sf,55tt IIUwiWG7dV Gil TREASURER - WAPREN G w4l p/ / DEFT ISSUING. DATE RECEIVED �ROI+I�_.. _...__.-_ —`_ L .►_ __._� ADDRESS 1A7 e � CASH Hf r. • x QfCE,4: F. •FIA/ A TOTAL s ,Z --- -1 , CUSTO EM CV'Y No. -t�s(�<. �Q r UOUT20 OTAM t'WAL URVW1 wrrowK taw No fir► mn% Ma +A aw to U6 M M tm bdm • Cyr Nr 1.2, wit 3 M *a mom $"WheamtoIddw" • mom wtt `Aon Aw l T1iMl1 14 ' ;1 . r . rw tl► w.a�r r«�r a ua.++�c wrr City Clerk's Office quo of aw") City of Huntington Beach 2D(N] Main Strpat or Huntimton Beachs. CA 92648 P 543 158 391 RECEIPT FOR CERTIFIED MAIL • t.. '.•. ;-4A' I'. Va . . , �FE• nP.ersF �C4vons_._Fr_Crandall, _attys sty Broadway, E34x a _Santa Ana,..C7,_92701_�___ N • I AQ 11r��. .An NA'� �' 7try? t E{ CLEMONS & CRA1ti`DALL AT10MVEYS AT IAA u 11.1 is .1 CLUI(M 1417 SOMI 11RUADWAY --ILIIIL% k. CIUMIA11. 11. O. IM VAN !�.L\T.1 .L�.L CAl,li•Y1R1IA f►Y7i17 August 9, 1985 City Clerk City of Huntington Beach 2000 Main Huntington Beach, California Re: Mission Clay Products Corp. v. Dabco Construction Stop Notice Gentlemen: Enclosed is my check for $2.00. AR1A 1 OI of; 71 t lot-•t7A7 In accordance with California Civil Code Section 3185, please furnish this office with the date of tho Notice of Acceptance of the City of the sewer pipe line on Goldenwest and Talbert Streets. Yours truly, CLEMONS S CRANDALL �4 WILLIS J . CLE14ONS WJClgcr Enclosures REQU&6� FOR CITY CQUNC ACTION Date December. 5, 1985/\ G Submitted to: Honorable Mayor and City Council 4 Submitted by: Charles W. Thompson, City Administrator(>3 -t Prepared by: Paul E. Cook, Director of Public Works . C. WEST BOUNDARY TRUNY SEWER - CC-f 08 o � Subject: Consistent with Council Policy? ( x) Yes () New Policy or Ex ion/ Statement of Issue, Recommendation, Analysis, Fundinq Source, Altemati ona, Attachments: - - - - -- - - Statement of Issue: Dabco Construction has completed the construction of the sewer main for the west boundary trunk sr•.wer. Recommendation: Accept the improvements for the west boundary trunk sewer as completed by Dabco Construction, cash contract 608 and authorize the City Clerk to file the Notice of Completion. Analysis: Ot? September 4, 1984, the City Council awarded a contract to Dabco Construc- tion for the construction of the west boundary trunl: sewer from Ellis Avenue west of Goldenwest: Street_, t.o Goldenwest Street, north of Talbert Avenue. The construction of the sewer improvements are now complete, per the approved plans and specifications. The Department of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. Construction of the project started on October 9, 1984. A ninety --two (92) day extension of the contract: time was eiranted by the Department of Public Works for weather and change order work, establishing a contract eomplet:ton date of May 9, 1985. Dabco completed the main line installation on April 24, 1985; however, the main line did not pass the final pressure tt�jt inq. A number of joint failures were located and repaired by Dabc�� . Final acceptance of the line, restora- tion of the project. site and the start of lands;ape maintenance period was not completed until October 1 1 , 1085. The contract was completed one hundred fifty-four (154) days beyond the' allowed contr+ct time. Provisions in the contract cell for a change to the contractor of $100 per day for liquidated damages for each day the contract runs beyond the contract completion date, an amount. of S15,400.00. A dispute and 1 it. igat. ion has arisen between Dabco Construction and their - pipe supplier as Dabco claims the failures are due to the pipe provided by their supplier. The reluctan-ce of either to take responsibility, delayed repair of the line and completion of the pro-jrct . Dabco has requested relief from the city for 1 iqu tc6 daniagcs based on the number of repairs needed and. their effect. on the scheduling for the relatod work to complete the project. The Department. of Public Forks has reviewed the rryuvst an(! found that the cause of the delays were not, city caused nor weather related and has not granted additional time. 14+" Request for City Council Action West Boundary Trunk Sewer - CC-608 December 5, 1985 Page 2 Change orders in the amount of $54,026.78, less related contract iterr.s deductions of $4, 507.02, for a net increase of $33,519.76 were issued on this project. Change order work incli.ided pipe realignment in two areas to clear existing underground facilities, additional work due to unknown subsurface conditions and utility protection. The following is a summary of the contract costs: Contract Amount Contingencies Change Order Work Subtotal Council Approved Actual Expenditures $303,568.00 46,432.00 S350,000.00 Liquidated Damagef; ---- Tot.;' $350,000.00 Funding Source: City sewer funds account 806080. $289,060.00 54,026.78 $343,067.76 [15,400.001 $327,687.76 Attachments: Circulation Plan of Arterial Street and Highways Map. CWT:PEC:JM:lw 0 '"'� har0q oilCIRCULATION PLAN OF ARTERIAL ....:::�.. STREETS AND HIGHWAYS ADOPM 9Y MY CWCL REI- LUT01 1#)4W - OEC r?.'9?6 LEGEND FREEWAY WAY STFEE T CAPWQFY �w MAJOR 4!�004 i PRIMARY 30A00 SECONDARY ?c=O i �- NOTE 1p !:a O l M 1 040Gltl rM1 IWNT W rt Cl AT � 1 040 ; 1 p _ CITY OF HUNTINGTON BEACH �--• ORANGE CQt TY CAL IFCp'uA C"I CLEMONS & CRANDALL ATTORUNM AT LAW WILLIS .1 CLti>MLY5 1417 SOl1T1i BROAD AY AMF.% ('440L 714 �TENIl:J M C1C4\f�.111 P. U I1.Ox 2M M9-47A7 5.tATA ANA. C-UIMRNIA WJ707 August 26, 1985 City Clerk City of Huntington Beach 2000 Main Iuntington Bach, CA Re: 143_ssion Clay Products Corp. v. Dabco Construction Stop Notice Gentlemen: Enclosed is m;► check for $2.00. In accordance with California Civil Code Section 3185, please furnish this office with the date of the Notice of Acceptance of the City of the sewer pipe line on Goldenwest and Talbert Streets. Yours truly, CLEMONS & CRANDALL WILLIS J. CLEMONS WJC/ycr Enclosures CERTIFIED RETURN RECEIPT�REQUESTED CLEMONS & CRANOALL ATTORNM AT LAW SPECIAL ACCOU"T 1417 S. BROADI IAY i14-542 4TST 3532 ' i b-OV 1IZ7 sAx8 5TA ANA, CA 92M? 8 9 1IL PAY o cwRof C ly Clerk—=--Citx--o.f __Huntington -Beach S 2.00 Twoa*+d�aa1 0-------------------------..----_--_------------------ +-,DOLLARS BANKOFAMERIC.Ar """'�.;rm = " L°rt� � u way FOR 000353246 9: 1 2 200066 11: 00909H«0 7 3 76M l CITY OF HUNTINGTON BEACH 2000 MAIN! STREET CALIFORNIA 92648 r OFFICE OF THE CITY CLERK i, ;1 October B, 19844 Dabco Construction 5692 Edinger Avenue Huntington Beach, CA 92649 t t t RE: Construction of West Boundary Trunk Sewer through portions of Central Park, CC-608 ` Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be an file, with this office, before the City can release any retention funds. 1. A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warrant:r, then a rider or separate bond must be submitted. 2. An affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441. Alicia M. Wentworth City Clerk Aft bt CC: Don Noble, Public Works Dept. 9 Enclosures: Bid Bond Cash Contract Certificate of Compliance ITeWpospw: 71443 ZVI �r :. CITY OF HUNTINGTON BEACH 4 ' 2000 MAIN STREET CALIFORNIA 926M OFFICE OF THE CITY CLERK October 8, 1984 Steve Bubalo Construction Company P. 0. Box 1067 Reseda CA 91364 We are returning your Bid Bond which was submitted with your proposal for the construction of the West Boundary trunk Sewer through portions of the Central City Park, Project CC-608, in the City of Huntington Beach. The contract was awarded to Dabco Construction of Huntington1 Beach. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft bt Enclosure 1 Trlgle @: 714-M-UZ? ) • -- iCITY OF HIJf'VTtNTO(V BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 89 1984 Loant Construction P. 0. Box 6796 Buena Park, CA 90622 We are returning your Bid Bond which was submitted with your proposal for the construction of the West Boundary Trunk Sewer through portions of the Central City Park, Project CC-608, in the City of Huntington Beach. The contract was awarded to Dabco Construction of Huntington Beach. 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 Tdopiors: 7164364M) BID PROPOSAL F> /&C.r--.._ Fixms Name Tb the Honorable Mayor and City C)ot=il, City of Huntington Beach, Cali.fomia: In with the notice inviting sealed proposals for the oonstr =Uw of the Wfct wry Ttvr:k Sewer through portions of the Centra]. City Park. OC-608 I hereby propoft and agree to enter into a contract to perform the work herein described and to furnish the materials therefore aoeording to the plans, epe.-i- firntions and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. na undersiT d has not accepted any bid from any subcontractor or matarialman borough any bid depository, the by-laws, rules or regulations of whi.0% prohibit or prevent the contractor from considering any bid fran any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor wr materialman from bidding to any contractor who does not use the facilities of or accept. bids from or through such bid depositary. For the fu mishim of all labor, materials and e* m it, and or all incidental work necessary to deliver all the improvements oarplete in place in strict oon- formity with the plan, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I pa^opoae and agree to take full paynrnt t2nerefore at the following unit prices; to wit: ITEM RPPAOK11 ►TE ITEM W17% UNIT PRICE UNIT NO. QLAr1rrrY WRrr E N IN WORDS PRICE TOM Install tenprorary 6' chain link fencing including gate at TUu 1. 2800 L.F. XN& -,- ami_ E2-13k I r 1R,A'dz*d O hio _Q ajL -%e per linear foot . X -A Aetnvve 6ffisting trees at Two 2. 21 Fa. T1R�L�SAr1J a�...r� ti��r.r1v�•,i� oa,'`a 2100•'`� s,_ each Furnish and Install 15" extra 3 • 2147 L.F. Cas�l1 vitrify clay sewer pipe- bedding hi „thek � w o rhu�ni tLM& i�t.dral �ri�� ''3 - 67z ,.�� t F-1 IT E M APrR0XT".:i:s ITEM WITH UNIT PRICE. UNIT PRICE NO. QUANTITY WRITTEN IN WORDS PRICE P=d.ah and ; rstail 15" extra 4. 291 L.P. soh vitrified clay rewes pipe - Case lA bedding at .:Kw-samT-., . .dtr.A ,o per linear foal. 92 "x n strength vitrified clay sewer pipe- 5. 290 L.F. Case 2 bedding at N:;xz>hL____r_ 115. X 3 0 5'0 . Aar f' aef..,� linear f VkWnish and install 15 "extra 6. 14 5 L.F. strength vitrified clay sewer pipe- Case 2A 1;, x3ding at S 1 X Ti a usa v A 5._ i1 .) XXLY SI 5¢ v t I& A r r ' �'6- ��` f 1. go linear foot Furnish and install 15" extra 7, 1031 L.F. strength vitrified clay sewer pipe-- Case 3 bedding at T �;a5h,^.s G�y,l�' �►yw.1�aS�L�t'�TY LW= foot Furnish and install 1 " extra strength vitrified clay seer pipe- s. 65 L.F. Cage 3A bedding at A 6�c_._�i�ce.._..._ M � i...• Y3 army 2Q& 1 � kat �.r.Ms .mow. • ....W.1�" Furnish and install trench ex- cavation sheeting, shoring and 9. rAXp Sun bracing at .46.: ; 14d Z ,L.,, gam,. d 30o00&_ Zhe-• lump sum Furnish & install 48" I.D. precast o Mte manholes, incluUdinr:�n- 10. 72 V.F. te bases ate; t; l° & ZNoazwe-4 of he 2v • vertical foot mans o�crete&manholes, including 11. 118 V.F. hole frames & covers & concrete bases at "A aam+. r.Aagqr a d CJ ..dia d X.4r_ per vertical foot -A ,y Furnish and install drop sty (manhole No. 7) at ..2%zb���+ 12. 1 Ea. �k 2i 11[� s A%%gA per.each1&400"' d OG - Modify and reconstruct exi9tJjV base per detail on sheet 2 of plans 13. 1 Ea. at Env► . TJ, a 1.1 s%•1+t,._.��... c LA1rIJ % �Ot�, �x 1 j �� . • � ,...7";W' W jnd r; ve i+�.•,.rss'�aer _ P-2-1 IT NO. "PROXIMATE QUANTITY ITEM W7TN UNIT PRICE WRITTEN IN WORDS UNIT PRICE PRICE 3.4. L=p Sum Install and at 91...... � D�Vj..rw�r..Per 0 • a A X � 4"Ar r+ rrsnd Zeln r—hey0061. � �: 15. 7000 S.F. Femme and replace 6" thick PX roadway in kind at �,ve:% es- f • cldtArS A«►J F'j1AT Per square foot ,� • �Q �0�• �"r' era 3o 3 -V9 . i M P-2- 2 h is nexlart�rod Md �� drat fire apprsxiwarta gsreadtiee ei� in dse iors�ial PrM� estatirie ans eoiwly for tithe sa porp � a1 of 1- Milludli11�r w�kbw=ow *K the amnmes wi�NK mpzmrr*ik� M tM prep w eets wale. 71M WAS"iped wMwIon is the oosrtreot tion Basis Mon for dse s"droit is _..-?n...,_,._.,..�� drfL ff room dw AWPUM, the fil A ereigard beroby W= to wii ewrbut mod fwaM do ae�eeawry bash widsia toss (1l� daTt of flit e�1 eeid aairtratt, awti to beds work tt� (1!} iree# dro mf ot�r>wol of t%o wm p" by die City of E wtwgm beds, Caftr oit. The nade+nilaed ca hu on**W dWly do Oft of tko work soatlOpk+ W. the plus W �—M, atd dse prIgood and IMMO t forma dserefer. The wd�-I--Joys of a bk "I be sooduoi�a orideor+o *n the biiier bra it fwdptrl Orel is eetrofw a to the wssiitane to be eauewrttrei, as to the dweltm, R witty, and we" of wwk to be perfwmW, d* �rtitiee M er�torioM is bo fwrsiired, awl ar a die n�oir+rwwte of tMe pnprwi, plset, e�eoiFi�iiroe„ � the eumwst. Aoasewpaayirr, thk Owed is NOTICE: l+wNt tye merit 'CIA," "Certified Check," w "Eiddw's DoW." as the am my be, is r mom wpW to gt k+" I p- no of the ttwN bit Price. pay" do the City of Nwrtiso" . TMo undo Wlaid depwitt the oboe ar►wed mmirty as a propnM Doty oat ayreeo t m k * M be fwfohW to IM City of Nwro sps WAA ea Ngvw w domew ill woo this propowi is a000irlri by On City aai so - iareilei WrA foM to wseesrta a oorsb-3xt for doiq wit work mW to ftirvWh poi sod boZ in the form eat f ri% io on 1pl Who ow mom domnwb eel tie City' "M Way addaetory to the City withb It days offer tIm tidier toe reacted sr►Men own of the award of the erabae:r odw win otii writs 00 be rttwad to the omkrl pmd. of Jr Ummoed io aeeordaege wftls as at prwWoq fear dw r9*.ro*e of wouned liteaae No... Z L0 19 r~ rsrer e I IwWwAddM beL6--�:z. f�ooe o� Aeeidasrse �vwTi�-�c �- �3 Ca��r i� � L G q bw of &Ww *AN dpffly riA* of A AddsoWle here, it my: Ado softw be. Do fleoeiN r. -Wftm�. - - - Ll 3 10.4- grol . P-3 niter's fnotws .r _rr ■ ��. rw. ppfkltl %go✓/Iev..- �TXTr�-r�C pa sFo INFORMATION REQUIRED OF 01ODERS The bWdw b !@RON i im aw ry Ura foll1walnS Infwme6}r. Additional *rota my be sned sA N na rV. 1. Firs Z Asl�lras: 3. Tama �`''../ r�0 _ %'' S~- wa — , w o►Ip. or oorpor.cbr,• 1't.Z/.�.�/_'',' ..Y r� f r' 4. T of firm Inds ■ ■ _�� r.. rr rr f Ih. CWPW rti*n arIP01W under the laws of the State of 0. Cornnwftr'a Liaanaa Plumber: 'L - t3aaalfkwdin of Contactor'$ Livatss 7. Uat the n envea and addrawas of all members of the firm or names and titles of all offiows of the corporation: 5—+6 5 Z. G`.I /�-dr C�ic o/ - c" --19151�1 ✓CA u-t'L-ZZ,� l.�. & f-0c:.r w of yam exparlance as a oontnWor do conmction work: / 8. List at Isest six projects complatad as of rocant data: (Contract amt.) (Ctaao of work) (Dat+a ComldmtWI (Now end addren of Owner) 7� �rh•r �%i� �77�� ,yit•�►�.... J19.�- — f •! C"ir7► �►r' O.�'.�� 3 t_ �. .' n+.wr■r. r. ....�. rrwr. h 10. 11. i �v �', T�►�r rs' DG(�i.--- v� •�- d • ] C', i ? i/ _ _ �' !''� �'�',ct-yam Uat ft mum of the parson who lrwpwtad Ow site of the propond work for your firne: — - 2 2,-? v - W Pa & nol—,t Do" of k"Vel Sion If rcquwsad by *a City, the bidder sha11 furnish a «atari:ad financial statw wnt. finamial date. or odor inforvation WW r w,v m wff lently erwwprrahmWva to porn -.it an appraisel of hk a wrwK flcismial sandldan. A DESIGNATION OF SUBCONTRACTORS • IN rIN1i or whh the "3ubkW%g and Subcowtractino fair practices Art" being Sectiewe 4104113 of doe Geaeramm tail of the date of California, arml any anwodwMn+ts thwato, bad+ bidder shah art forth below the wren apd Ieation of the t1m of bvdmw of each subcontractor who will perfetm work or I*w or rwWw wviee to doe pion tow Water so or aboat do amMu diem of the work or Improvement in ow awmm in am of ewadlolf (%) of on ptrratlt 0%) of doe Nim MIU Nwr'I trial tiled, owd thatl fwtw at forth the portion of the work whWh will be dome N eeoh eANW •write. Ooiy wee tuMio+Itroatar for eooll portion ehoM be listed. If tlrt erwtrum Mile to sPerify a subcontractor for any portion of the work to ba perfeemled .safer the COOKt, he *AN be doaaMed to how gpvW is parformt woh portion h1w aff, and he dull not be permrMW to wbeawMa tint pertiew of do Meant sew W vWw *a oewditiooe hereinafter set forth. Sbi1lettiaG of eobawtrraetiwb of My portion of the work to which so swbcoatnrtor row detiywottd in the eripinel Nd ths+ll only be penrMW in soots of public enrerpncy or neaesity, wad then only after a finding roder+od to wet* Is a pri& reeerd of so Leodethe, 9y of the owner. ..O ■�.rr I�r.�l r �wrw�. � r�r. �. r FORTED" STATE LICEN&E OF WORK SUMCONTRACTnRl NAME AND A00REW W)"WR CLASS ,. ....r~wr.�r.. .. ��.. ....r..r.......r....� By wbm k*m of this prep4sol, *a colrtractor unifies: 1. That he is arms to and will perform the balance of all work a rich is cow W in the above wbwtroserr Iktiwp. 2. Thet the Cit, will be forMAW Copies of ON subtowtracts •rKWW +rite and bends two" by snb�eelrtraetor fir We projw¢. r —!6 _..V. .. ... a••7/. .�. ,�, 3,�5�•, a: JfSi.FiF''. ;v.IF..�a: • r14j:e CITY CIF Ir-�lLJNTIIV�'TON BEACH i irrtr nrir..�.r.r.w 2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Director West Boundary Trunk Sewer CCr-608 Addendum Number 1 June 18, 1984 Notice to All Bidders: Public works Department (714) 536.5431 The following revisions and additions shall be made to the bid documents: Between manhole nos. 8 and 9, within the equestrian center, approximately 280 linear feet of 6" thick concrete roadway has been constructed. This work was undertaken after the plans for the subject sewer project were finalized. The portion of this roadway which interfers with the proposed sewer construction must be removed and replaced in kind. This work has been noted on Bid Item dumber 15 of the Bid Proposal form. You are requested to .cknowledge the receipt of this addendum below and return a copy of this addendum with your bid proposal. `_,. ery truly yours, � J 11 Paul E. Cook Director of Public Works PEC:ML:lw This is to Aqknowlreceipt and review of Addendum Number dated 19 It is understood that the revision of new oc ents s all be' icluded in the bid documents. ..�9x3Co Co�yji rvci�oly Company BY Dated REQUESI�FOR CITY COUNLILICTION Date August 22, 1984 Submitted to: Honorable Mayor aml City Council Submitted by: Charles W. Thmpson, City Aclrnninistrator C oUttC,YL G Prepared by: Paul E. Cook, Director Public %larks �~ E'� IN"I 0-IN Subject: 14EST BOUNDARY TRUNK SBER; OC--608 Statement of Issue, Recommendation, Analysis, Funding EMENr OF ISSUE: Attachments: Pursuant to City Council approval of July 2, 1984, bids were received on August 16, 19UP for the construction of sewer improvements in the central Park area, north of Ellis and S*ast of Goldenwest. RE0344E11faATION: Approve the low bid submitted by Dak-xr Constriction of Huntington Beach, and authorize the City Clerk to execute an apprriE,riate contract in the am:)unt of $303, 568.00. AMYSIS : On July 2, 1984, the City Council approved the plans and specifications for the con- struction of sewer improvements in the Central Park area north of Ellis and west of Goldenwest, and aut prized the staff to advertise for constriction bids. Bids, as summarized belvr, were received and opened on August 16, 1984. Contractor Bid Total Daboo Construction $ 303,568.00 Inapt Oonst.nhs:tion $ 374, 752.00 Steve Bubalo Canstriction Co. $ 377,000.00 Thibodo Construction $ 385,726.00 Fmbert G. Castongia, Inc. $ 397,057.00 Vicco Construction $ 409,282.00 Albert W. Davies, Inc. $ 41:,868.00 Ivan Sachant Construction Co. $ 499,186.00 Doty Brothers Equipment: Co. $ 519,000.00 Risto Construction Co. $ 549,245.00 Staff has reviewed the bid proposals and recc mT nds the acceptance of the Dabm Oon- struction bid. FUNDING SOURCE: Construction Costs: Contract Amount: $ 303.568.00 Construction Contingencies: 46,472.00 Sources of Revenue: $ 350,000.00 Rnids are available in the 1984-1985 fiscal budget, as outlined below: Account # Description Amount Available 806080 %bat Boundary Tn3nk I 878, 596. 00 Mo 4nr1 & 0/3 REctt►Ee CITY CLERK CRY OF HUM TINGTON HACH.CALIF. PIG 16 10 al Ay T., hi. Hr 90 01 91 acl IQ UN "13 SIN 44 1Nllti: Superior Court (if'" M STATE (IF CALIFORNIA In and fc,r the Count% of Orange CITY OF HUNTINGTON BEACH CITY CLERK State of California t Counh of O.ancr 1" APRIL L. ELLIOTT That I am and at all ttmr� hrretn mrnuwmrd 1►a• a citizen of the 1'ntted Stat". o.rr the Age 1-1 iwrnfl tint, trar%, and that I am not a park to, nor tnterr.ted to the af%i%r entitled maitrr. that l am the p►inelpal o Ierk of the prtntr► of the HUNTINGTON BEACH IND. REV. a new4palwr of irnrral t in ttiMtom ty,thh,hed in thr 1'11% M HUNTINGTON BEACH t'ount,. ,tf Chance and %bho 1, net.,palwr is ptthlt.hrd Lsr the dt.emination of ItK Al nrw, otn,f tntetherm r -I a Krnrral t beret ter, and which newrpattrr at all t,mr- herein mentioned had and still hat,, a it,ma fide •tJtw'rlprton hoot of l,attm►; •,dv-4 ►Itwr% and which new.pagwr ha• twet' r.tahlt•hr,i ltrtntr•i Ar%d pill' Itothed at regular internal• to the •arid 1'„ttnt� .11 ()ranttr (fit a Period rttt•rrdtnc one .Par. that the n.,Uce A ^htrh the annetied to a printrl rill»• hot• torn puhl-hr,t to the r9ular and entire wrur of %aid newipalter, and n,,t ,n ttnr aupplement thereof, on the foll-1vinit date. t,- wet JULY 26/ AUG. 21 1984 I rr►tif.. for declare) under ;malt% -1 l»r:on that the hurtto tng to trur and rnrrect GARDEN GROVE 1►atr•i at California., this 3rd AUG. 84 April L. El I iott '�1 tiifnetnre s BIDS CC-608 � lwaarattatMM a�,.r�wa~t.. ; alorwr 1111011111 IS" •t.r wot �1 �• ,r. r imdl `arm tar VCr=>al1 ttlaMr7e ttlrudl tltatrr+Mw�at, lYH SM j , oa.�luttR ttMrW� ernirtr r IN tlrt rt low �f v� L1ti•� ' •. � a�ttlan INw4w t� Ai 1 rallf�l+���1t��1 L►n M �w1�lw�i�b�M rest • Forrn No POP 221M NOTICE INVITING SEALED BIDS �• CC- 608 Notice is hereby given that the City Council of the city of Huntington Beach, California will receive Sealed bids for the West Boundary Trunk Sewer `.tea -- - "- - r.a i��Wrirr���lr.���• 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 July 19 , 19 8/ A charge of S 10.00 not refundable, will he required for eacK met of spec; cations and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1 Install Crary fencing 2800 L.F. 2 Faxm existing trees 21 EA 3 Furnish and install 15" VCk case 1 bedding 2147 L.F. 4 Furnish and install 15" VCP case JA bedding 291 L.F. 5 Furnish and install 15" VCP case 2 bedding '290 L.F. 6 Furnish and install 15" VCP case 2A bedding 14S L.F. 7 Furnish and install 15" VCP case 3 bedding 1031 L.F. 8 Rw ish and install 15" VCR case 3A bedding 65 L.F. 9 Shaeting, shoring and bracing L.S. 10 Furnish and install 48" I.D. M.H. 72 V.F. 11 Furnish and install 60" X.D. M.H. 118 a-% 1.2 Flvrnish and install drop structure ft #7) 1 EA 13 Madi.fy and re=%stnrt existing manhole base 1 EA 14 Install Sod L.S. 15 Famw and replace existing 6" thick PCc Broadway in kind 'i 000 S.F. In accordance with the provisions of Section 1773 of the L%bor Code, the State of California, Director of the Department of industrial Relations shall determine the general prevailing rate of wages, applicable to the wor 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 Hal.',,, Huntington Beach, California. No bid will be received unless it is made. 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 specificatic for full directions ace to the bidding. The foregoing quantities are approx'mate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual amunt of work will corres- pond therewith but reserves the right to increase or decre&se the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. N-1 `All bids will be compared on the basis of the Director of public Workq estimate of the quantities of work to be done. Substitution of securities for any moneys withheld by the City to the 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 accord- ance with the law, under the provisions of Chapter 791, Statutes of 1929, as amended or Chapter 17, Statutes of 1939s as amended, or to whom a proposa; 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 Lefore 10:00 A.M. of ,&N= 16 , 1904 , ar. 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 s id ity of Huntington Beach at their regular meeting to be held on , 4th of Sept. . 1984, at the hour of 7:30 P.M. in the City Council Chambe in Civic Center of said city of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of Sept. 4 , 19 84. The city of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the city of Huntington Beach# California. By order of the City Council of the city of Huntington Beach, Californi this July 2 , 1984. ATTEST: Alicia Wentworth City.0 erk N-2 �, CITY OF HUNTINGTON BEACH 0 V 2000 MAIN STREET P. 0.80X 190 CALIFORNIA 92648 Paul E. Cook Director )q- Aj- , . To City Clerk: a otice Invitiiiq Sealed Bids Public Works Department (714) 6XS431 LVublication in Huntington Beach News on !::r/� g , *'¢ , Remarks: Authorization from City Council to advertise PEC:JFM:1w 0 Bid Opening Date �h!„9�G�w¢ Time 1O'-00 r W . Engineer's Estimate �7d:�D,4G• 04 cry ruly ur , Pa 1 E. Cook Director of Public Works Submitted to: Submitted by: Prepared by: Subject: REQUEST FOR CITY COUNCIL ACTION Honorable Mayor and City Council Charles W. Thompson, City Administ Paul E. Cook, Director of Public Works West Boundary Trunk Sewer; CC-608 June 18, Statement of Issue, Reoomnmdation, Analysis, Funding Source, Alternative Actions, Attachmants:�(..:, STATEMENT OF ISSUE: Plans and specifications for the construction of the West Boundary Trunk Sewer am complete. RECOMMENDATION; I. Approve the plans and specifications for the cunstruction of the West Boundary Trunk Sewer and Ruthorize staff to solicit construction bids. 2. Approve Negative Declaration Number 83-23. ANALYSIS: On June 6, 1983, Council approved the selection of Boyle E:,91neering to prepare plans and specifications for the construction of the West Boundary Trunk Sewer. Plans and specifications were completed several months ago; however the city had to acquire additional properties before construction could begin. On April 18, 1984, the Council approved Resolution Number 5370, thereby initiating condemnation proceedings to acquire the final five lots which couldn't be obtained by other ineans. The condemnation proceedings are complete and the City now has possession of the property essential for construction. Therefore, the Director of Public Works recommends approval of the plans/specifications and requests authorization to solicit construction bids. On July 7, 19839 draft Negative Declaration 83-23 was posted for a 10 day public review ending July 18, 1983. No comments, either written or verbal, were received; therefore, the Development Services Department recommends Council approval of Negative Declaration 83-23. FUNDING SOURCE: Construction ^.osts Estimated Cost of Project: Approximately 15% for Construction Contingencies: Total Estimated Cost: ullulliq funds budgeted in Accouvit 080608U (i.e. "West Boundary Trunk I") ALTERNATIVE ACTIONS: Deny approval to solicit bids acid furego improvements. ATTACHMENTS., ocat an ap CWT:PEC:C)IIN:lw �3141592.00 45,400.00 360,000.00 Trunk Sewer jjils Advancer nstniction Inoorpora Ivan Bachan Omstnxtion Omar any ' C K Puap and and Dmatering Corporation + California ^stunting r mited Robert G. C:as- is Incorporated r Daboo Oanstruction Doty Brothersj.. 4.I_4.rr'.i.r! Albert W., Davies Inland Concrete EntejTritt s Ti rated IDmt cti n G. R. McKervey lnocWrated John T. Malloy 1rummorateci Mike Prlich and son Prakacin av any - Risto Constsuction.'..�'__.___._.--- S"ull}�-Miller ' J. J. ?, cit _s«ia Inaoxlxsrataea_ r. o p5. 7a6 � 0 Stop Notice 0 NOTICE TO CITY OF HUNTINGTON BEACH (Name of hiblic Body or Lender) P 0 BOX_190 _ HUNT-INGTON_BEACH, CA. 92648 (Address) (If Public Job --- file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of const ruction lender adminivering the construction funds.) E C E i V E ID Prime Contractor. DABwO CONSTRUCTION Sub Contractor (If Any) JAN 171986 Owner or Public Body: CITY OF HUNTINGTON BEACH Improvement known as Goldenwest & Talbert /Nance and address of project or Murk of improvement) intheCityof Huntington Beach ,County of Orange �. State of California. LIVINGSTON—GRAHAM, A DIVISION OF Symr)ms CORPOli6TTc7W N .claimant, a CORPORATION (claimant) (Corporation/Partnership/Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The nams of the person or company by whom claimant was employed or to whom claimant furnished labor, Service. equipment or materials is 12ABCO CONSTRUCTION (Name of Subcontractor/Canimrsor/O%her-Builde.-! The kind of labor, service, equipment or materials furnished or agreed to be furn6hed by claimant was MINERAL AGGREGATES (describe in derail) Total value of labor, service. equipment or materi-.1s agreed io be furnished .............S Q52. 56 Total value of labor, service, equipment or materials actually furnished is ...............$ 4,062.56 Credit for materials returned, if any..............................................S Amount paid on account, if any..................................................S 3, 199. 46 _ Amount due after deducting all just credits and offsets ...............................$ 863.10 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of s 863,10ar provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond is not_ attached. (Bond required on private jobs -- not on public jobs.) (is/is not) Date JANUARY 14 , 1986 LIVINGSTON--GFAI`1 ,, A. DIVISION Name of Claimant �- By B. A. ZOOPEW ASSISTANT TREASURER (OfJJdd Coprciry) VERIFICATION I. the undersigned, states t am the ASSISTANT TREASURER ("arenr of '. ' Oresi**# of '. "d partner of '. "oOer Of 00 the claimant named in the foregoing Stop Notice; 1 have read said claim of Stop Notice and know the contents thereof, and I cc# iffy that the same W true of my own knowledge. I certify (or declare) under penalty of perjury tinder the laws of the State of Californic that the fore;oirg Is true and correct. Eimuted on JANUARY 14 . 19 86 _0 a IRHINI)ALE California. � (S+�cwtartr C AwrMiAltr Agrnt► it>t ro�r�(MY.a•u,rat R. A. COOPED, ASST. TREASURER