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ECCO - 1960-04-18
� t•5��i ,�f: 9-14 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract- heretofore awarded by the City Council of the City of Huntington Beach, California, to 3ECCO who was the company thereon for doing the following work to -wit: Construction of the Harry A. Overmyer Memorial Municipal Reservoir RECORDED AT REQUEST OF CM OF ttUNTIN(ITON REACH IN OFFICIAL Rf?CURDS .-jr ORANGE COUNTY, CALIF. 9:05 Rho MAR 17 1961 RUBY McFARIAND, County Recorder FREE——j That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by -t<he City Council of tue City of Huntington Beach at a regular meeting thereof held on the ?Qth day of Februarpi u61 , _a That upon said contract the .1gft-I#Kifii 11ad2lMill Company was surety for the bond given by the said company as required by law. STATE OF CALIFORNIA COUNTY OF OW14GE , as: BOOK -5660 ;rtia 9 a On the 14tti day of March , 19_�_1, before ■e, the undersigned, a Notary Public in raid for ceiN County and State, personally appeared PAUL C . J• OhT' ,S , known to me to be the City Cleric of the City of Huntington Beach, and kuawn to me to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. • � �.f� � st n WITNESS my hand and official seal NOTARY PUBLIC in and for said Cew�t� � `:'�. and State �t�i : s4AM-111.30" - i�f�t;N'Y 'I<'tiru.,c Is eats 'ar the C('Us11y (:I Ste,-! � Gci,iwniz � �jA(�1ii115>;vii �xp�r+;:.,•.,�r� , BOOK5660 .14 12037 n OT I CE OF C OMPLET I OIL NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California, to ECCO who was the company thereon for doing the following work to -wit: Construction of the Harry A. Overmyer Memorial Municipal Reservoir RECORDED AT REQUEST OF CITY of liumnNaTGH DEACH IN OFFICIAL RECURDS tir ORANGE COUNTY, CALIF. 9:05 AM MAR 17 1961 RUBY WFARLAND, County Recorder 2!! That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by -the City Council of -the City of Huntington Beach at a regular meeting hereof held an the 20th ,day of Februi ._,126__ 61 That upon said contract the ,jgd g j]Ej,e1 ladelmitv9Omgans was surety for the bond given by the said company as required by lave • Dated at Huntington Beach, California, this the _Uth VArcr . 146l _L.0 uiT,y cu.Lerx a4pE ex-oixicio cieric of the City Touncil of the City of Huntington Beach, California SPATE OF CALIFOR.NTA County of Orange se: City of Huntington Beach Is Paul C. Jones, the duly elected, qualified and acting City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California, do hereby certify that I have read*the foregoing NOTICE OF COMPLETION and know the contents thereof and that same is true of my own knowledge, and that said 110TICE OF COMPISTION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. DATED at Huntington Beach, California, this the ,. & March.,._.I..9 1.._.. __.._..._....__.,._ __._• City Clerk ex--o ficio C er o,! the City Couincil, of the City of Huntington Beach, California THIS AGREM'iE ITT made and entered into ae of the 18th day of Apr1 60 il by and ' w CITr OF H'GNTINGMN BEACH e a 3h;nioipal Corporationp hereinafter waled. ECCO Hereinafter oalled �ixwl;r►. : CITE CONTRACTOR I %YHERMu the City Council of the City of Huntington Beachq county of Orangeq State of Cali.fornins pursuant to stetutes in such caseL made and provided, duly and regularly caused a notion to be publishedp calling for bide for laborp material., tools and eguipmont for the c0►ns true tion cif the Harry A. 4verfayer Memorial Minxicipai Reservoir In said City of Huntington Beach„ California# Bald work to be cofistrwted V--gord* to plan8s specifications and special prarision►s for evae on file in the office of the City Engineer and adopted by the City Council of said City of Huntington Beach on the , day of , Amrit ., 9 19 fijQ to which said planet specifications and special provisions reference is hereby madep and by such re;P'er- once they are made a part of this contract as if herein set out in fulls and WHERM ,; the City Council at a regular mooting thereof and at the time and place appointed therefor opened the bids submitted by the respective bidders for the construction and completion of the above mentioned works and after oaref l consideration of all bide submitted the City Council awarded the contract therefor to the Contractor tberein named at the prices aet forth in its bi4p it being the lowest and beat bid re*oived by the said City Councilt NOW EDMWORE0 in consideration of the covenants and agreewnte hereins conta:.ned9 being done and perf:*rmad by the parties heretop it is hereby agreed as follows in s 1:, The Contractors, under the direction and to the satisfaotion of the Cit�r Engineer of the City of IIuntington Beach, acting as its agent, shall and will provide all Materials and perform all work mentioned in the speoifio.ations and special •provisiona or abown on the plants for the construction of the worm herein - above referred to and more particularly set out in said plan specifications and special provisions, except as hereinafter stated. 2. t•n rateration or addstion shell be made in the work shown or dee- cribed by the drawinge, specifioations or special provisions, No extra work shall be performed or paid for melees the City of Huntington Beach shall have issued$ prior to the beginning thereofq its aritton order therefor., 3- SQL =g: Me Contractor shall give his personal attention to the ' fulfillment of this contract. Where sub--contraotors are engaged on the work' they will be rrocognized only as employees of the Contractor' and w sub-oontraotor shaD under ezy circumstances relieve the Contractor or surety of their liabilities and obligations under t.lv_: contructa and all transactions with the City Council Wmll be through the Contractor herein named,, 40 Fq� F I-- the Contraotor, at its own cost and charges shall f rniah the necessary appl.iancee, implemente 4 toula„ molds, ways and meow i an3 all necessary oonveniencem for the transfer of they material to ite proper place In the work, and said City shall nest be held responai.ble for the care or protec- tion of wW material or parts of the work: except an in the ©peeifica tions or speeia. provisionn expreooly provided. 5 UMA F ! .hould it appear that the work herein con - tea'? ated„ or uny of the matters relative thereto$ are not sufficiently det&:U.ed or explained in mdd specifications or special provisional the Contractor shall apply to the City &gineer for nuau further explanations as may be necessary and shah Conform to the dame an part of this contraota so far an may be consistent with the original speoifioations, and special provl©iones ba yMS OF WORKS The work is to be couaenced within do" after approval of the contract as to forme by the Gity Attorney -if said City and is to be diligently prosecuted to completion in such order and manner of progress as the City Engineer may from time to time prescribe. 7 k3AE OFF If any person employed by the Contractor ahall appear to the City Engineer to be incompetent or to act in a disorderly or improper manners ho shall be diechexged immediately on the requi©ition of said City Cu weer,, and suoh pegs= shall. not again be employed on the work - COOPERATION OF Ct}l�i_&_hC. Ls Whantrvar the Contractor is not Present on any part of the work wbare it may be desired +.o give directions, orders will be ,given by the City Engineer and sha :1 be received and obeyed by -the superintendent or foreman -Ohn may have charge of the particular work in reference to which the orders are. ,riven. 9 BANg.RUPMY OR� MOLV MCX OF CONMCIXM�iXM s If the Contractor should be adjudged bankrupt,, or if A should make a general assignment for the benefit of creditor®, or if a receiver should be appointed on account of his insolvency,, or if Contractor should persistently or repeatedly refuses, or should fail p except in cases for which ex+.enai.oh of time in provided,, to supply enough properly ekil- led workmen or proper mateilsle,t or if he ahould fail to wake prompt pafflwnt for material or labors, or poreistently disregard laRas ordinances or the instructions of the City, or otherwise be guilty of a substantial violation of any provision of the ccntraot, then the City upon the certificate of the City Engineer of the City of Huntington Beach that sufficient cause exists to justify such actions =7 without preJWUoo to any other a.P.ght or remedy9 and after giving the Contractor fifteen (15) days written notices, terminate the employment of Contractor and take possession of the •premfs+)8 and of all materialsp tools, and appliances thereon, and finish the work by whatever method it may deem expedient,, In g=tab case the Contractor shall not be entitled to receive any further percent until -the work is finished. If the unpaid balance of the contract price ,�haal.l exceed the expense of finisah';mg the works, including oompeneation for additional managerial and admi i- sstrativo Rork or service©, ouch exoese shall be paid to the Contractor. If such expvwe shall exceed such unpaid balanca. the Contractor shall pV the difference to the City. The expense inmu- red by the City as heareln providedo and the daxa89 Incurred through the Contractor9a defaultf, shall be certified by the City Engineer of the City of Huntington Beach., 4O , LAWS TO BE OBSERVEN (a) The Contractor ahall keep himself fully informed of all exia -'-ing and future State and Federal lawn and m;u ieipal ordinances and regulations in any manner effeoting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work, and all wach orders and decree© of bodies or tribunals having any juriadioti.on or a thoritg over the same, If smq discrepancy or inconsistency is discovered in the Planes dr awiugs o spscifications or special provisions, or contract for All s work in relation to any ouch latrq. ordinances s, regulation c order or decrees, he shall forthwith report the cane to the City in writing„ He all-q•1.1 at all times himself 30 observe and comply with9 and shall cause all his agents and employees to observe iaud comply with all such existing and future laxo, ordinances a regulations, osdors and deoreen, and abal.l protect and indemnify the said Cityg the City Council and City Engineer, and its and their officers„ agents and servants against any claim or liability arising from or based on the violation of any such law, ordinances refsvUtion, order or decree whether by its•- :f or its employees (b) The Contractor shal 1 a before entering on the performance of the -rork herein provided, furnish a bond in the num of fifty (50) per pent of the con- tract price, ew required by the terms of ' _ � tiozas 4200-4205 of the Government Code of the State of California. (o) In the employment of labor the Contractor ©hall give preferences other VO-W being equsly to honorable discharged voldiere, Bailors and marinect and rea3daint laborers, but in ouch connection there shall be no other preference o-. • di©orimination among citizens of the United States 11. FMPZfJ33d; T OF ALIMS t Pursuant to the urovieion9 of the Labor Code of the State of California, no paraon, firm, partnership9 association or cn. ,�rat-10% or snit thereof, doing any Fork ae a contractor or sub -contractor upon any publ.io work being done for or under the authority of this State, or any offtoer or department thereof, or for or loader the authority of =y county9 city and county, city, town, township, distriot or any other politi lal eew : 6ion thereon, or any officer or department shall k rwxt ngl,; employ* or cause or &1loa to be employed thereon any alien - meaning thereby a y person not morn or fn?.iy" zdaturalized ai.tizeA of the United States - except in canes of extraor%ftnerg emergency caused. by fired floc4 or danger to life or propertyp- or ezoent- to work upon public military or Laval defenses or works in time of wer; providedD how*Ter, that within W )-ty (30) days after auy alien ie permitted to work then`-,& due to ertraorine,-y emergency,, the Contractor doing the work or his authorized agent shall fill with the officer or public body timuting thf. oontract a report, verifled by bib' oath, setting forth the nature of the said emergenoy and containing the name of the said alien and each date he wan permitted to work, and failure to file said report within' said time shall be prima faois evidenoo that no such extraordinary emergency existed. Such Contractor and each sub,,-contraotor shall sIeo keeps or cause to be kept, an accurate record showing the name Brad citezenship of all works --a employed by hi.m, is connection with the said public work, which record shall be cigen' at all reasonable hours to the inspection of the officer or public. awarding the contract, hie or ita deputies and agents and to the Chief of the Division of Labor Statfatic3s and Taw Jgmioreement, his deputies and agents, It is further i:nders rood and agreed thrt for each violation of the above stivl lation; said Contrao*or eball forfeit to the City as a peral.ty, the aum of Ten (3Z0a00) Dollars for es^h der or portion thereof during which each such e3` • .n ie kno��3y employed i the axe; ution. of this ag]reeaent, by eaa.d Coat —meter or by any sub-contraofor under him, in-UlatioU of t.Us atipulation and the proviciona c;i` the for :ode of they Stato of Caiiforaia, 12,, That in the performance of this agreements prices p fitness and quality being equal. � the Contractor agroee that he ;gill use ei pplies and mat- sria © gro=9 manufan yured and proouoed in the State of Cali 'orrLia and that i t b-- jec:: to the above provlei.on he agreco i.n the perform -roe of the Bork contemp- lated hereunder t;o nne cnly such u=,anufac i-ur.:d -m-sterialB as have been produced in tho United Stases, and only such manufactured as ar3.als as have been =anu.- faotured in thti United Staten,, aub3tantialw7 all from :"aterials produced in the Uaite:d S to Lee , 13, MI. -I, Cf3.fitrEM.ENC.P AND SAYET t (a) '..tie Contractor must arrat2ge to take care of the exiet.;i.ng traffl.-. , --o && -Go inconvenience the general puhlio &,s little as poaraibl.e. Residents alone the -road m n t be provide,.. for w far as pract cable, Temporary P.pproaches to crooeinge or inter ..ecting highagye must be p:%ovided and kept in good condition u-here required by the City Engineer, (b) The Contractor shay ?. provide and maintain eurh fences,, barriere g signs, redlights aid *,itchmen and other means as may be necessary to prevent acei - den -:`a to the pubic, It oh:ll. be ixocesea�.y that the place at the points denig- nated by the City ltnLdnesr su-;h warming ai.gno as mej be des: grated ,.,y the se.d City Engineer, and he nbxUl provide wMto lights an may be necaseory for :illuminating the said aig Vic) The Contractor nhall care for Public traff n: a3 required and dir- ected by tr e City Esigineesr , Detours ur_, od by the Contractor exclusively for haul. wng mut:erial.a and egui pmen : ahal l be crjna truct�d and maintainaa. by him at his expesnses , 14,, PRESEaVATIO P FA-rf s The Contras for shall, at his own expense= preserve and protect from injury the roadai.de trees by covering the brumes *•,;,th bar- l.a.p or drive stake© axoi:nd them rhea required by the City ..�z:gineer, 155, RESPORSIBILM' FOR DAMAGES ',fie City of Huntinevou Reaoh. the City Council, and the City Eng aieer will not in eny per be anewemble or accountable for any Loss or Umzwge }hat shall or may happen to the said work or any part there. of; or for any of the m a.terieue or other things used or employed in finishing and thc- work; p r f,,,_r 1-h� -; z j-- a V "CrOcn - 7 peg �y u c-Uher aar� i • or the public, for damage© to adjoining property from any cause nhich might have been prevented by the Contractor or his workmen, or by any one employed by him, agaiawt all of which injuries or damages to persons and property the Contractor must properly guard and am t make good a?1 damages from any cause whatever, being strictly responsible for any damage to any person or property resulting from defect8 or obetru:-%tione, or from any cause whatsoever, during the progress of the work or at anq time before the csomplotion and final aoceptance thereof, and that said Contractor will. indemnify and save harmless the said City, the City Council. and the City Engineer from aU su:l.ta or actions of Ever; name and description brought for or on aocoux:t of any injuries or damages received or sustained by an.T person or personas, by or from said, Contractor, its servants or agents, in the con- struation of said work, or by or in consequence of my negligence in guarding the same, in improper materials used in its construotionn or by or on account of any act or oximicsion of the said Contractor or his agentag and true said Contractor further agrees at all times to carry p:iblio li zbility, property damages fire, earth- quak,7+ and workswnge compensation Insurance satisfactory to the City Engineer, cov- ering all work being done under this contract, end for an4v lose to the Contractor } by any cause. The City of Huntington Beach, the City Council and the City Engineer r will not under any ciraumstauce� be anewerable or accountable0 the Contractor shall furnish to the City of Huntington Beach oertif.'..^ate and, evidence of all such compliance both before said work is begun and during its performance, 16. LIM AND GBAFS z The Contractor is to furnish, free of charge, all labor necessary for marking and maintaining points and lines given by the City Engineer and Is to give the City Engineer such facilities and labor for giving said lines and points as he may require, which said marks must be carefully pre- served. :7. TESTS OF MTERTAZ_Ss All tests of materials furnished by the Contractor shall be made by the City Engineer in accordance with oumh methods as he ma~; from time to time adapt,, 18., _RRAL1TY OF MATEMISi All materials used in the work shall meet the requirements of said specifications p and no materials shall be used until it hne tho approval of the City Engineer. Samples will be secured and tested when neo- eesary to determine the quality of materials,, Lebcratory tests will be made an promptly as possible so as not to inconvenfs=e the Contractor. 19. STOW=E OF M-ATEMATS: Materials shall be stored so as to insure the preaervation of their quality and fitness for the work„ Such stored materials aba-Al. be located so as to facilitate prompt inapection„ 60 W 20o MPECTiONt Tbo City Engi.n,ar and his xutuorized assistants ehall at e11 times have aaoese to the work during its coneatrniotion and shall be Am- nieb3d with evQry reasonable facility for asoertain3ing that the stock and mater- ial} used and employeds and tr.,% workmauehi.psi are in aocordanoe with the require- ms.2ta and intentions of this contraoto All work done and all materials furnished f.iel.l be subject :o the inspection and approval of the City Engineer, 2i9 DEFECTIVE MAT MIAT& An WORK: (a) The inspection of the work shall not relieve the Contreot.cr of any of his obligations to fulfill hie contract as heroin prescribed,, and defective work sty-?sha-11 be made good, and all unsuitable mater- ials may be rejected,, notwithstanding that such defective work and materials have been previotlely overlooked by the City Engineer and accepted or estimated for =W- mentec ;ri} If the work or axis- part thereof shall be found defective at say time before final aoceptance of the whole wo A Una Contraotor shall forthw:i ,.h melee good such defect in a manner &itisfaotory to the City j;a.gineer. (c) The Contractor shall, after receiving written notioe from the City Engineer to that effects proceed to remove to a eatisfactr,z7 distance frani the work all materials condemned by the or -id City bigi.neer, whether worked or unworked, and remove all P.�i-tione of the work whioh the said City Engineer ahall condemn as unsound, impropere o as in any aa„Y failing to con.1orm to the specifioations and shall cover, protect and exercise due dillgence to secure the pork from i-u*0 All damage happeni.rz, to the came shall be mad© good by the Contractor, 22n CFZBING UP: (a*� After the completion of said rori: the Contractor ahall remove all temporary structures built by it and all siurping materials of all kinds from the site of the Work and leavo the whole clean and presentable., fa) If ordered by the City Engineer,, the brWit and other combustible debris snail be piled in the center of the roadway or other clearing and. burned,, 23. TIDE OF COMPLETION AND LIQUIDATED DA."it.CES: (a) It is egreed that in the dent all wort callod fc;M tinder said contract in all parts and reaui-re- meats is not completed before rho 3:c_riira� .ioii -)f 160 consecutive calendar days v • r h s tr r from t ~ o dr,te of execution of this contract as approved, by the City Attorney of ©aid City of Huntington Beach., die will be sustained by the ea. -id Citf, and that it io and wile be difficult to ascertain and determine the actual damage which said City will austain in the event- of and by reason of such delay; and it is therefore agreed that Baia Cor.l`.ra_ctor Ri 11 pay the 70 ea, d C* 4Y the sum of Dollars per day for each ,aid every d 'u delay beyond the time herein prescribed in finiWmg the said worx� In cane said ligaidated damages are not paid by ©aid ContraGtor9 said :;ity Council may deduct the aaonnt therefor from any messy due or that may become due said Contraotor under this contract. (b) It is further agroed that in case whole work called .for under this contrarat is not finished and completed in all parts and requirements witW_n the time hereinbefore specified, said City Couw,il shall have the right to extand the time for completion, if shall seem beat to nerve the interest of the Citya and should said City Council decide to extend the ti.m© limit for completion of tbd s contract Q it sha.13 further Have the night to charge to the Contrctor, its heirs a asasig a or enretses, and deduot from the final ;payment for the work, all or any part, as it shall deem proper, of tho actual coat of engineering, inspeotion, superintendence and incidental overhead expense© whioh are directly chargeable to such extension and which accrue during the period of such extension. 24., ANNUMT OF CONMCT: Whanever o iln the opinion of the City Council, the said work in neglooted by the said Contractor or the r,,me is not prosecuted with the diligonee and fora specified„ meant and intended inany manner by the terms of this contract, it shall be lawful for said City Council to make a req. uisition upon eaid Contractor for such additional specific forge or sunh addit- ional material to be brought into the work under this contract➢ or to remove improper material from the grounds ae, in the Ju guent of paid City Council, this contraot and its due and faithful fulfillment ray require. Dme notice of such action shall be served upon said Contractor or his agent, in writing, not less tNLa five (5) days prior theretop and if eaid Contractor Cails to comely with such req=, u=.sition within said five (5) days, it atia 1. be lawful for said City Council to employ upon such work the additional forcer or supply the materials as specifically required, as aforesaid, The amount of ©uch ae lltlonal fotoo or matoria7l.a shall be charged against the Contraotor and be deducted from his next or subsequent eeti4 Bate and payment j, or the same or any part thereof not so deducted ;say be recovered from said Contractor or its ©uretieo, koreo'►terg if said Contractor fails to comply with such requisition within five (5) days, the said City Council may declare this contract termi.natedg and may itself proceed to complete the work herein specified, or may engegu wW other per. ©on or persons to do the same, Upon completion of such gore the City, throw its proper officer or officeray shall cause a statement to be made of the expenses properly incurred consequent and incidental to the default of said Contra.otorp as aforesaid, and in completing tt.o work itself or b,7 any *ther person or persons, 80 Should the amount of such statement be lees than the amount rhich would cave been do a to the Contractor upon the compl,etior of the work by it ¢ the di rz,%r. J.,nov shall be paid by the City to the said Contractor. Should the amount of riuoh* statement exceed, the amount due the Contractor upon the completion of the work by itaq the difference eW1 be paid by the Contractor to raid City. 25-, PAST "D RCORD OF MATMUL K D LABOR BILLS: (a) The Contractor will pe-, all bills for labor, maohine hire, materials and. ©uppli.es contrazted for by him on account of the soak herein contempla�:Q3 7,:nen the same bet)ome due and payablet, and he will furnish to said City Counoil on or before the fifth (5th) day of each month a. sworn statezent of all unpaid indebtedness contracted for on account of said work and of all claims of private oorportitions or individimle for damage of any kibd oex.-ed by the conetraotion of said work, together Wiwh the dates of suoh bills and the names and addresses of auoh creditors. (b) The City Councils at its option and at any time,, by written notice to the Contraotor upon the failure of Contractor to furnish Bauch statemmsntp or upoh proof that ccutraoted indebtedness in not being met when due, may deols" this contract terminated a ui may itself proceed to complete the work herein specie fi.ddq or may engaga arq other person or persono to do the servo. (c) Said City Council mVq at its option end al`. any time,, retain out of any amount due said Contractor sums nuffici.ent to cover my such unpaid claims s provided that 5woxn atatezwto of arid claims shall have been filed 2.n the office of the City Clcrkp and may pay out of auoh amounts so reta i ned any umb unpaid elms The City CQunoil. mV a.ls.p with the written consent of the Contractor, use anjr moneys in tho poseo3si.on of the City of Huntington Beaoh below to the Contractor for the purpose of paying for both Labor and materials for the work Herein contemplated. 25b PAMAL PAST'. This contrhot ehall. provide that the City Couucil ahallp once in each monthr cause an estimate in writing to be made by the City Engineer of the tots, amount of work done to the time of such cati.mate, and the value thereof, Said City aha.11 retat.n ton (10) per cent of such estimated value of the work as part secu ity for the fulfillment of this contract by the Contractor and shall monthly at a regula-- meeting of the CJA ty Council Pay to the Contractorq while carrying on the work, the balance not retainedq as aforesaid, after deducting therefrom all prev-ious Foments and all sums to be kept or ret 'wed under the provisions of this contract, No avch estimate or pit shall be req. 9e ui.red to. be made when, in the judgment of the City Digineerq the work is not Dro- ceeding in accordance with the provision of this contract o.: when, in his judg meat, the total value of the work done since the last estimate amounts to less than: M-xee Hundred (000,00) Dollexao Vie City Counoilp if it deems it expedient eo to do p may cause estimates to be made more frequent4 than of -ie in eaoh moue v and it may cause psyments to be made more t'requa.:4'y to the Contractor,, 27,, FINAL Pg3 IM& (a) The City EngLneer ehal? fl as soon as practicable after the completion of this contraoto make a final estimate of the amount of work done thereunder,, and the value thereofv .u-Ld the said City of Huntington, Beach shall at Duch time p Within tb� .j �y�fivQ (35) days from and after the date of said estimate, as the City Council -ay eleotp pay the entire sum so found to be due hereunder9 aw.3unts to be retained under the provisions of this contract. All prior rartial estimates and payments shall be anb,ect to :►orrections in the final estimate and payment to) It in hereby specified that no certiaioate given or payment made under this oontraAy9 except the final certificate or final pa ientp shall be con - Elusive evidence of the performance of thir contractq either wholly or in part, agsdmt any claim of the lizic City of Huntington Beaohp and then not until the lapse of thirty. -five (35) days After acceptance of the work by the City Counuily and no payment shall be construed to be an acceptance of any defective work or improper water !,.3e Vic) The said Contractor hereby further agrees that the payment of the final amount due under this contract and the adjustment arul payment of the bills rowiered for any work done in accordance with any &.Iteration of the samep shall release the City of auutington Bc=hp the said City Cou=11 and the City Fmgineer from any and all claims or liability on : ccovatt of work performed under this con- tract, or any alterations thereof„ 28. P30PE TT RIGHT T!R IALS r It is furhter agreed that ncthingin this contract shall be oonstinjed as vesting in the Contractor any -right of property in the materials user after they have been attaohed or affixed to the work or affixed to the so:.19, and all suoh materials shallp upon being•so attached or affixed become the property of the said City of Runtington Beach,, 29. 1q0 PERSONAL LIgBI= z It i e further provided that no member of the said City Council or the City MW i.,neer,, or any other officer or authorized aasistent of said City Ehgineers or any other official, of said Cityp shall be personally xr-3. ponsible for any liability arising under this oontractr, 100 30, FAITHFUL LERIMMCE BOND,: Tho Contra -..tor shuil furbieh a common l of bond for the ieithful performance of this contract in the Bum er_ual to per cent of the contmet priweo Al. CONTRACT PRICE: The t o ti� 1 amount of the coats►, t rr{ n e vend the bid hereix oefore referrod to is the cum of $ 9q . ?Q�Q� Dollars, 32, PYWAIAILIEG WAGE 4CALE In accox-1=ce . a.th they provisions of Section 1770 of the Labor Codefl the City Council of the City of Ht..rz.tIngton Beeoh$ Californiag has escertsined the generel prevailing rate of wage3 applicable to the ror k cos-- eyed by this contraot es more particularly set forth in a resolution of the City Counoil of the City of. Huntington Beach, a cer. of i�Dd copy of lahich resc? ution is hereto attached and mane a part hereof and deai.T,?UteC. an Reeol.ution No. ,. 114 entitleda A Resolution of the Cicy of Huntington Beach establishing the General Prevailing hourly Wages for each craft or type of workman or mechanic needed for the cons tructi 3n of the Harry A. Overmyer M. enorial Municipal Reservoir in the City of Huntington Beach, California. 33. jaITPM To EIGHT (6) HOURS PZR DAY: That the time of service of orgy person employed by the Contractor_ shall ws 14mi.ted and r Eta uric ted to eight (8) hours during any calendar dtayp except : ri ctwon of emtraordinary omergenc y;, ca=ad by fires flood; or danger to life or property and Contractor or any sub-Con;rector shall keep an aocurato record chowing tho number of a.tual hou a worked by each workmen employed by him in oonnecticn with the pork here contemplated. Said rec- ord ahall be kept open at a.' reaoorablo homes to 1- ripeC tion by the City and by the Division of lAaror. Lavr Zriforoemen t n°hat the Contractor shall forfeit as a p©ns.lt, to the City tan (10) dollars for each rarkmaa employed in the execution of the Contrdot by the Contra Yor. Pr h►y a pr sub -Contractor for each calendar day dw,-Ing which any workman la required or permitted to labor more than Eight hourso 34. That the Contractor shall not. o sign this .Agreement withou o the con. sent of the City, in nritingp first h d and obtal-,od, 33,, BID IMICEr. The said Contractor fear ther a r eea to receive and accept tba followAng priors as full compenen uir>>s for :fu rnlahing all :^_ator1e3.a and for doing all the work contemplated ant embrened in this a6greement; aleo for all lose or damagoq erining out of the nature of the work aforesaid, or from the ac Gion of the elementaq or from any unforeseen c?ifficultiec or obatruction.s which may arise or be encountered in the prosecution of the work "mtoil its accor+ance by the City Council of the City of HuntiZ ton retch; and for all ra : ks of e7ezM deacription corim©lted with the .:ork; also for v-11 expense: incurred by or J.P. consequence of the Ilo eusj:ension or discontinuanod of work and for well and faithfully completing the workp and the .:hole thereof in the manner and according to the plane and specifi- cations ead the r + a requirements of the pity �f.seer9 under ,hemp to wit: Item Quantity tens ;ait Lump Sum t r ce No. or Chit Prices Written in figures TOTAL In Words 1, l Reinforced G-increte Reser- voi , in place excluding. lump 51,'94t�.ti8 51,�00,t�0 Roof, for the sum price of Fifty-one Thousand Nine Hundred Dollars 2. 1 Prestressed Reinforced Concrete Roof, in place, M 18 300.00 18 300.00 for the lump sum price of ' : Eightee-a Thousand Three Hundred Dollars 3. 1 Reservoir Pumping Station and appurtenances, complete 25,000.00 259000.00 for the lump Burn price of Twenty-five Thousand and no/.. Dollars 4. 1500 Lin. Ft. Concrete Pipe Drain Lire and appurtenances - for 3.00 4,500.00 Three dollars Per tin. ft. 41 120 L`. IN Wr-P.WZS WHEREOF, tho City of Huntington Beach has caused itrs r=-s and a-aal to be herounto emnexed b;; :'�nyor end City Clarke Vitro :o d*alvw authorizer- rind the Contractor ha{• haj han3 h.+:r3t�o j the AaJ and year in Vi s Ag3reemont �irfl t r;Coove written .PLTTEST t City Clerk APPROVED AS 'M IRUM"; /7l City A vtornoy 13 „ Corp( re.tiouo c T T. �s / X. Contra.ctur 0 1 Contract Bond -- Labor and 111:priai Public ;York — California INDUSTRIAL INDEMNITY COMPANY HOME OFFICE: KNOW ALL MEN BY THESE PRESENTS: SAN FRANCISCO Bond No. 18842 Premium included in Performance bond That We, DON W. SCUD AND LESTER A. HAUG DBA ECCO , as Principal, and the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, sire field and firmly bound unto the State of California for the use and benefit of the State Treasurer as ex-oflicio treasurer and custodian of the Unemployment Fund and any and all materialmen, persons, coma• ponies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements, or machinery, for or contributing to said work to be :lone, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of FORTY SEVEN TAOUSANDS SIX HUNDRED AND NOf 100 .Dollatrs,� (V47, 600.00 ), lawful money of the United States of America, for the payment whereof well and -truly to be made, we hereby bind ourselves, our heirs, executors, administrutors, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed with our seals and dated this 26th day of APRIL ,1960 The Condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated APRIL 26, ,19 60 with CITY OF MMINOTON BEACH to do and perform the following work, to -wit: CONSTRUCTION OF HARRY A. OBERMYER MEMORIAL MUNICIPAL RESi:V'OIR UNIT #1 Now, Therefore, if the above -bounden Principal, or * 'MIR sub -contractor, fails to pay for any materials, provisions, provender or other supplies or teams, used in, upon, for or about the pdr- formance of the work contracted to be done under said contract, or for any Rork or labor done thereon of any kind, or for :.mounts due under the UnemF'. yment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and, also, in c :se suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court and to be taxed Prnv;,Ipd that thi4 hand is filed by the Princi- State of California County of ORANGE sF. FORM 1 Y060 On, this .26 th d ty of APR,TL in t1m year One Thousand lViaeHundred rind SIXTY before me, ALMA F . HOkTON a Notary Public its and for the said County of ORANGE residing therein, duly cons-niWoned and ; =rr., personally appeared R • K , .qDy known to me to be the ATTORNEY of the INDUSTRIAL INDF.hfNITY COMPANY, the Corporation that executed the within instrument, and known to me to be the ,person who executed the said it strumeni,on bebal f of Me Corporation therein named an i acknowledged to n:e that such Corporation executed the same. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my oftrial seal itt the County of tJRANGE the day and agar in this certi; -ate first above written. Notary Public in and for the Said County of .orange. Statc of California My commission expires My COt Mission Expires Sept 19. Contract Bond --- I.ahor and '..Alroial Public York — California 0 INDUSTRIAL INDENdNITY COMP"! HOME OFFICE: KNOW ALL MEN BY THESE PRESENTS: SAN FRANCISCO Bond No. 18842 Premium included in Performance Bond That We, DON W. SCMUD AND LEST.ER A. HAUG DBA ECCO , as Principal, and the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly hound unto tb, State of California for the use and benefit of the State Treasurer as ex-of%cio treasurer and custodian of the Unemployment Fund and any and all materialmen, per:.ans, com- panies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to he executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements, ormathinery, for or contributing to said work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of FORTY. SEVEN TROUSA10, SIX HUNDPXD AND N01100 .Dollars,- ($47, 600, 00 ), lawful money of the United'States of America, for the payment whereof well and -truly to be made, we hereby bind"O'urselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed with our seals and dated this 26 th day of APRIL 91960 . The Condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated APRIL 26, , 19 60 with CITY OF HUNTINGTON BEACH to do and perform the following work, to -wit: CONSTRUCTION OF HARRY A. OBERMYER MEMORIAL MUNICIPAL RESERVOIR UNIT #1 Now, Therefore, if the above -bounden Principal, of THEIR sub -contractor, fails to pay for any materials, provisions, provender or other supplies or teams, used in, upon, for or about the per- formance of the work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and, also, in case suit is brought upon this bond, a reasonabl¢ attorney's fee, to be fixed by the Court and to be taxed as costs and to be included in the judgment therein rendered; Provided that this bond is filed by the Princi- pal to comply with the provisions of sections 4200 to 4208, inclusive, of the Government Code of the State of California and liability hereunder is subject to the provisions of said section and setts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof. APB I OVED 1-on rop.hf ------------------ CITY ATTQZJ:n-,� By. Approved this....................day of...........................»........_ ............. ,19_....... By............................. .._...�._....._........�.. �.._.�_..... FOAM 3025 1 •52 8 COMPANY ...... ............. ....... Attorney ��r � � F + � ' � � � � �p 1. � � r� ,c.y.,, . { . , . , - � _ � _ �., .I ±�! . t„ ' - •.; .- . " �'`. `� � , - a M � �` 1 .. _ .� .. i f h A 4 t: f r 1 f �i � ' r' f r � �, . � � , 1 � . . 1 1 Contract Bond —Faithful Penance Pubile Fork •-- California 100000 INDUSTRIA% INDEMNITY coMrArrY HOME OF&* -ICE: E SAN FRANCISCO Bond No. 18842 Premium $ 9 5 2.00 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: ECCO That DON W. SCHMID AND LESTER A. HAUG doing business as , as Principal, and INDUSTRIAL INDEIANITY COMPANY, incorporated under the Laws of the State of California and u' horized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto C Y T `,>< OF HUNTINGTON BEACH i:i t ne sum of. FORTY SEVEN THOUSAND, SIX HUNDRED AND NO/ 100 Dollars ($ 47, 600. 0b for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a contract, dated APRIL 26 , 29 60, with the CITY OF HUNTINGTUN BEACH to do and perform the following work, to -wit: CGNSTRUCTION OF HARRY A. OBERMYER NEMRIAL MUNICIPAL RESERVOIR UNIT #1, state of Cdsforria County of . . ORANGE FORM 1YC60 FORA IY009 t. on this 26th clay of 'APRIL in the year ss. Osic Tlrostsand Nitre I-Iundred and SIXTY before met ALMA F . HORT I a Notary Public in and for the sai:' County of ORANGE residing therein, duly commissioned and sworn, pets". ally appeared R. K. HARDY known to me to be thr ATTORNEY of the INDUSTRIAL. INDEMNITY COMPANY, I& Corporation that executed the within instrument, and knoula to vie to be the person who executed the said instnimeni on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and alJixed my official seal in the County of ORANGE the day and year in this certificate first aboac u/r//riittten. .. . .NA •. .......... Notary Public in and for the .Said County of Orange State of California h€y commission exPirelh Commission Expires Sept. 19, Contract Band -- Faithful Pe ance Public Work --- California INDUSTRIAL INDEMNITY COMPANY HOME OFFICE: SAN FRANCISCO Bond No. 18842 Premium $ 9 S 2.00 CONTRACT BOND KNOW ALL LIEN BY THESE PRESENTS: ECCO That ICON W. SCH14ID AND LESTER A. HAUG doing business as , as Principal, and INDUSTRIAL INDEMNITY COMPANY, incorporated under the Laws of the State of California and authorized to exec>>te bonds and undertakings as sole surety, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of. FORTY SEVEN THOUSAND,, SIX HUNDRED AND N0/100 Dollars ($ 47, 600.OD for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, tiheir heirs, administrators, successors and assigns, ,jointly and severally, firmly by these Presents. The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a c3ntract, dated APRIL 26 , 19 60, with the CITY OF HUNTING -TON BEACH to do and perform the following work, to -wit: CONSTRUCTION OF HARRY A. OBERMYER NEMORIAL MUNICIPAL RESERVOIR UNIT #1. Now, Therefore, if the above bounden Principal shall well and truly perform the work contracted to be performed under Bald contract, then this obiigat;on shall Im void; otherwise to rem' ain in full force and effect. Signed and Sealed this 26 th day of Apt, 19 60 ECc / Witness:............................................---...............---...... a ...... ........ - - - --{(Seal) APFROVED FOP. FORM -c---- - f-- - -- }9 ---- C+ f F-Off M tr)01 IND DE TY COMPANY Attorney DZJSTRTAL TNDEM TY COMI'ANl Y CERTIFICATE . (A STUCK COM Y) OF HOME OFFICE SAN lrRANCISCO INSURANCE NAMED . FCC 0 INSURED DOTS V1 SCH141 D AND LESTER A. HAUG, D13A . 9761 BEVERLY LANE GARDEN GROVE, CAL I FOI?i 1 A CERTIFICATE . C i TY OF HUNIT I NGTON BEACH ISSUED TO • HUNT i NGTON 13EACH , ., CAL I FORN I A. Effective any toss under Physics! Damage, CoveraQe is payable as interests may appear to the Named Insured and the Lienholder narr.rd below in accordance with Loss Payabli Eri&rsernont':(49A) �on. revorsle side., LIENHOLDER . As rr>spsct. the following described automobitets): YEARy __ ___IRADE NA -Mc INDUSTRIAL INDEM specs i ied belmv and st. Policies whether shov KIND OF INS: COMPENSATION WORKMEN'S COMPS. COMPENSATION _WORKt_d_E_WS COMPE! LIABILITY BODILY INJURY Llh AUTO-MOBi LE DODY TYPE AND MOD$L. 1 SERIAL PIUMBEII TY CoMrANY has issued coverage. effective as of the dates and for the periods. and limits ct to all terms, conditions, provisions, exclusions and limitations of the described Binders or :y endorsement or otherwise. %NCE _ POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY 'ION C P�7 1 EFa� N 60 F.PESTATUTORY CALIFORNIA T — Z CCCOMPENSATION 0W PER tOCCURRENCE EFF STATUTORY COMPENSATION STATE (S) OR {ON EXP 'EMPLOYER'S LIABILITY—$ .PER OCCURRENCE `Y— BODILY INJURY LIAE_ _4TY— EXCEPT AUTOMOBILE PROPERTY DAMAGE L!ABILI' Y P.UTOMOBILE PROPERTY DAMAGE LIABILITY -- EXCEPT AUTOMOBILE COMPREF ENGIVB FIRE. LIGHTNINC @ TRANSPORTATION THEFT (BROAD FORM) COLLISION OR UPSET GLASS INLAND MARINE REMARKS EACH PERSON EACH ACCIDENT 100 000 5 200 000 EAC9 PERSON EACH ACCIDENT EFF 1 - i 9- 9 EAC9 000 ACCIDENT Soo , 000 LG 751120 XPI 1 - 19- 0 $ 50,00Q 1 EACH ACCfDEtIT AGGREGATE $200.00C s r00.000 EFF. 3 s EXP ACTUAL CASH VALUE LESS s DEDUCTIBLE EFF REPLACEMENT COST PER EXP SCHEDULE FILED. WITH COMPANY EFF EXP EFF This r7fl;r ; - ,,il' rnt h.-! conceled nor reduced in coverage +.snail efter 10 days written notice of such cancelahon or reducticn in rr)vt:reyr! J iGll hl;ve beoi rrailed to this r., rtificate holder. Certified this 27TH day or DUNE Prc,lucer ORANGE COUNTY INS. AGENCY FORM IX031 RI Or 19 60 INDUSTRIAL INDEMNITY COWANY I • E :O TICE 1. _.:" FOR TIE A. "Jia'�CT.U%L R ;�:1 Jt;�tea P'� 'i:i s.t� 'R.111- 1)_I IC�.'ON BEACH, CA Jilrli.;U11 - To l;i H inon. ble City of ilu)atinf ton StQ•a--h t'leirx'iK". f Lrl. Cov:p.j_..L!.nc '_ni w—'th h._-: atl--n:.'x d not -Ace � � .• .i. !•fR: .. i ; f7 ^ 1�1. t7 �y�-� } �^ y� }� /_ ^ t� a T1 . nvi V ' Try soa :i ,.�. IJ i�C I�� .. r. ...i3 1 fi.:�a f � .r f,ropOy1 S "..t.. .1 V ',•Z, -t ,q� ;1 ) .�"n-•_veI„• i"L.i.TDii.lt 61 - t;..e hernin dos cr- ...- I a o f umi.nh une ratc l :� t!v;r- i o;:,i acc o-r fl-Lng to p1ans" for and of and L'.''s'1'er t �11, �'?"'i�..i� Oil of th -t;v ;inaer I- said .,i_t4{_ a ' Huntir_�,E.c i . For• fiJ'jp, ::Z:1i.shing of a L1. �,lbor, �t�rlaIs et am', equip .int. and do �.11 :�:iCi��:�::i:?` :cork uEC, i�:.Ilwa r ail h-, ! .prov-ament3 Boo In :-:.?':L{; t c u`: L QY�dilUy Vr . tji %-G p2zans, a:t: op:. c i.:aI pro"• Cor. -risionu. on A. �c -'.?1 �I?=? ����'?^.0 C7i theC� �': u:1 nC--.mtj.nSton Beach, for .t Wi,r .�1.� a:,wr.�, lurrp Ttem Quantity 20 30 it. i 1 Tt-;rns Ath Lump Sum or P_10_> Fric-_3 Writtcn in#L i?f3ix-l-r oraed Corwre' .:; i.� _,. ;i-•, i:i place, ox:lu,,L;...g P00.r ! i -,or the bvmip 3ui . price -.j i f C i.. ,.� 1 •. tom} t RW nfor�ced ., t Rrioi s in place, -• L of thy' �.ii;:: `• Sur' price o: �- f ,._�t �-, -� RsC,:ar70ir Pi-moirig Station nrl i � j ', PPurt31 arx.,3 �. C t �f IcA-a i or � the 1L11ip Surs price, of t DO1. f : 3 f � '.Joa=zyrte Pi`pey Dx-.ij. L•;,sw and a , 4 t^J f./ I L L •�:�r..i.�i V �7 W .,L Q i t ICI f E, if avarded she contract, tIm undersigned herelmj a rraes to sign sa4d contracts am-1 fixmish the necessary bonds Athin tar. (10) ciay3 of the avard of mid contract.. and to begin work wlt.Ur, teri (10) cL--j':3 f7•0m vhe da°;0 Of approval of the coni��ct by the City of Huntington 3eacb, California,. I%:. unlersig-.ied has exmdned +•h: Location of -i;he nz-nc. ed tmrk any is familiar .?O.th tha plans, specifications and -�pecilal fproi-Irion a and U , conditions at the place there the -mork i3 to be don«. Ac c omp:7.nyin, ; this proposal is � - d J ' ? -1 I' -.r iIOT10E: Insert the words "Cush tw o nCashier2 s in amount a ,ml. to at l ea s,11t. c en per cant of t1as work., "Cnmk," "Certified Check." or "Bidder's Bond", as •he case my be.) Licensed in accordance with an act Provid .ng for th= re ia+r-ation of Contractors. License No, � � L/ `/ 7 t o I IE. RE Busines3 Addres3 j Place of xe .derc$ Dated this ;l_ � day of 1.Q60, 1 2,