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HomeMy WebLinkAboutJosip Kovac - 1987-01-05i vial 4-1 • : •'s !i� l_i•i t 1 i � i i i i 1 �• i � • � ♦ • i 1t�' s 1 1 THIS AGREEMENT is made and entered into on this _AC* day of. _ r La a 1981, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and JOSIP KOVAC, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WIiEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described in the Notice Inviting Sealed Bids attached hereto as Exhibit "A" and generally described as the construction of access ramps at various locations and sidewa:''M on Ellis Avenue east of Beach Boulevard and on Graham Street south of Meadowlark Drive, in the City of Huntington Beach, and CONTRACTOR has been selected and is to perform said work; NOW, 'THEREFORE, in consideration of the promises and agree- ments hereinafter made and exchanged, the parties covenant and agree as follUws: CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, Juppl.ies, tran,,3portation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike ,,natine r. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its pro - gross or prior to acceptance, from the action of the elements, 1. from any unforseen difficulties which may arise or be encountered in the prosecution of work, and for all othar risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully com- pleting the work within the stipulated time and In the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s), CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be Performed, and that it enters into #his Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incor- porated into this Agreement by this reference, with the same farce and effect as if the same were Bret forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any 2. way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The C'ITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments ur addenda thereto; D. The 1985 edition of Z..ndard SRgaj cations fgr Public Works_ ConatUirtion, published by Builder's Ne'.as, Inc. , 3055 Overland Avenue, Los Angeles, California 90039, 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 Cali- fornia Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, tho Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special pro- visions 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CON- TRACTOR to the Department of Public Works of CITY (Hereinafter 3. referred to as "DPW"), without .hose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then. this Agree- ment shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in con- flict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performdree of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, the sum of twenty- five thousand .-ve hundred eighty Dollars ($25, 580) as set forth in the Contract Documents, to be paid as provided for in Section 1, 6, 21 and 22 herein. 1t�V y101W019M• CONTRACTOR agrel:s to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. 5. TIME OF ESSENCE The parties hereto recognize and agree that tirti% is of the essence in the performance of this Agreement and each and every provision o the Contract Documents. CONTRACTOR shall prepare and obtain approval as ;+ 9. required by the Contract Documents fo: all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with -':he progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, sub- contractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the cjork of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPd. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal_ reflecting the effect of the change. Should thq DPW not agree to such cost 5. I proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the garties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price wail be adjusted upward or downward accorcingly. No work, services, material, or equipment shall be per -- formed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. C7TY does not warrant that the work site -will be available on the date the Notice tc Proceed is issued. In event of a delay in ctimmencerrent of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . fl-M.5 CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful perfor- mance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workman- 6. ship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the stork, 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 make appro- priate repair or replacement at CONTRACTOR'S risk and expense. 10. CADIFUN A FAIR EMPGOXMNNT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the Cali- Eornia Government Code Sections 12900 et seq. 11. SALIFOENIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Indus- trial Relations of the State of California the general prevailing rate of per diem sages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any sub- contractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California Lahor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor -Cod -el CONTRACTOR agrees to secure payment of compensation to every employee. 12. 9;ALIFORN' a EREMAILING WAGE- LAW - PENAX•'i'X Pursuant to Section 11' of this Agreement and in accord- anc�e with Section 1774 and 1775 of the California {�bor _fig, .0ON- 7. TRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRA -""'Oh or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. MIFORNIA EIGHT-NgUR LA California Labor CQdp, Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall consti- tute one day's work and CONTRACTOR and each subcontractor employed by it hereunder, shall not require more than eight (8) hours of labor per day or forty hour, per week from any one person employed by it hereunder, except as stipulated in California :a,bor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder: shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reamon- able hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. Pursuant ;o Section 13 cf this Agreement and in accord - ante with California for Codg Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontrar.tor for each calendar day during which such worker is required or per- initted to work more than eight (6) hours in any one (I) calendar day or forty (40) hours in any one (1) calendar week in violation of California Cade Gt,."•tirn 1815. 8. Owl atwul -*-* OV31 do# WjV-j-q9j2j: ► on Section 1773.8 of the California I&¢Qr _Code, regarding the payment of travel and subsistence payments, is applicable to this; PROJECT. Section 1777.5 of the California �M-.,!:ode, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RE90RDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security Number, work claset-- fication, st_•aight time and overtime hours worked each day and week, and the actual per diem -wages paid to each journeyman, apprentice or worker ►inployed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enfor,.ement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Lgor Coag Section 1776, in general. It is in derstood and agreed that the CONTRACTOR is, and shall be, acting at all. times hereunder as an independent contractor and not as an employee of CITY. rO-JTRACTOR shall secure, at its expense, and be responsible for any and all. payment of income tax, social security, state disability insurance com- pensW.on, unemployment Compensation and other payroll deductions 9. t'_' y� .c � .' ,, .,a•._....«.��^i�� �'1-�T;;�_,• �T ;'fin � ..,.. _... for CONTRACTOR and its officers, agents and em-dloyees, and all business licenses, if any, in connection with the PROJECT. 19. LIOUIDATEP DAM9ES/DELAS It it> reed by the parties hereto that in case the total work called for hereunder is not in all parts and require- ments finished or completed within the number of working/calendar days as seL forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of two hundred fifty dollars 1$250; per day for each and every Working day's delay in comp- leting the work in excess of the number of working/calendar days set fortis in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, 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 damages for any portion of the delay in completion of the work due to unforseeable causes beyond the con- trol and Rithout the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, 10. floods, epidemics, quarantine r:esLrictions, strikes, 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 -fie date of final settlement of the Agree- ment), 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 ju3ti£y the delay; and the decision •)f the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or com- letion of the wort; by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for mat9rials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number or' 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) da}o of the com- mencement of s,ich delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materlal by CITY or delays by other contractors or subco►rtrac:tors, will be allowed and said extension o+ time for c:ompletioli shall be the sole remedy of CONTRACTOR. 11. �pv 20. RIEFFRIN SITE-CO_i�TIONS (1) Note The CONTRACTOR shall promptly, and before such conditions are disturbed, nct;ify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially, from those indicated in this Agreement or the Contract Dcr.-unents; or, (b) unknown physical, conditions at the job site, of an unusual nature, differing matCrially from "hose ordint'rily encountered and generally recognized as inherent to wort: o►: the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such con.- ditions do materially so differ and cause an increase or decrease in the time regvired for performance► of any part of the work under his Agreement, rthecr.er or not changed is a result of such condi- tions, an equit*jble adjustment shall be made and the Agreement modified in writing accordingly; (2) Time t-ensim No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required heraunder., provided, however, the time prescribed therefor may be extended by CITY. 21. VARI Ti 115 IN ESTIMATED-UhNTITTES The quantities listed in thy: bid schedule will not govern final payment. Payment to the CONTRACTOR -ill be made only for the actual quantities of ^.ontract items used in construction of the PROJECT, in accordance with the plaris and specificatii"rs. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid 12. schedule, the bid price shall prevail subject-, t� the provisions of this Section. The DPW may, at its sole discretion, whe!L warranted by the fac:i.s and circumstances, order an equitable adjustment, upwards or downwards, in payment to t"ie CONTRACTCR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in prig or time for compier-lon shall b allowed if asserted after final payment under this Agreement. IAE the quar.tity •,ariation is such as to cause an increase in the time necessary for completion, the DPW 'hall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. LR9QRES FAA ME l Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value tb ereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous pay- ments since commencement of the work, will by paid to CONTRACTOR. When CONTI1.ACTOR has, in the judgment of the DPW, faith- fully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and it the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR rra,* be paid such sum as will bring the payments of each month tip to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all ,previous payments and less all previous retained 13. amount:. The final payment, if unencumbered, or any part thereof unencumbered, shall be inade thirty-five (35) days after the acceptance of the work and the filing of a Nctice of Completion by CITY. Paymentr shall be made on demands drawn in the manner. required by law, each payment to be accompanied by a certificate sighed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the con -- tract price: shall not be considered as an acceptance of any part of the work. 23. WITHHELD CQN'rMr1 'T El NDS�_S�BSTI�TT1QN OF SEf�jjpl'�IES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and aoposi;, therewith of securities equivalent to the amount- of any monies withheld by CITY to ensure performance under Section 22 of this Agreement:. 24. AF I,DAV�T�$ QF $ATI.SF xTI4N OF QI�AjKS After the completion of t:,e work contemplated by this Agreement, CONTRACMR shall file with the DPV1 its affidavit stat- ing that all workers 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 mzterial, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in con-- nectlon with Notices to Withhold which have been filed under the provisions of the statutes of the State of Califorpia. 14. 25. WrVER QZ CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, ]DEFENSE, QLD_�RI�ILESS CONTRACTOR hereby agrees to protect:, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all lia,uility, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees: and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by 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 CON- TRACTOR when requested by CITY, and any costs of defense or attor- ney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awc;rded to CITY by a court of com- petent jurisdiction. 27. wQRT,� HS' CQUERSATION INSURANCE Pursuant to California L-a-lbox Code Section 1861, CON- TRACTOR acknowledges awareness of Section 3700 et seq. of sa4.d code, which requires every employer to be insured against liabi- lity for workers' compensation; CONTRACTOR covenants Cleat it will comply with such provisions prior to commencing performance of the work hereunder. 15. CONTRACTOR shall maintain such Workers` Compensation Insurance in an amount of not less than One -hundred Thousand Dollars ($100,000), at .all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CON- TRACTOR shall, prior to commencing performance of the Work here- under, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 26 of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcon- tractors' employees. CONTRACTOR shall furnish to CITY a certifi- cate of waiver of subrogation under the terms of the Workers' Com- pensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive E ubrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage 3iability insurance, underwritten by insur- ance com-nanies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed 16. operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One. -Million :collars ($1,000,0000) combined single limit coverage. 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 certificate-s of insurance subject to approval of the Ci,y Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement 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 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 17. 2 Q . DEFAULT AND -TERMINATION If CONTRACTOR fails or refuses to prosecute the work heraundetwith diligence, or fails to complete the work within the time specified., or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agree- ment. Unless the violation is cured within ten (10) daysafter such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 30. DII$POSITIQN 0 PLANS, ESTJ�JAJE,$ _ 'D T,JiFR PQ.CMFM CONTRACTOR2 agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agree - meet, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agree- ment shall be delivered to CITY and become its sole property at no further cost. 31. ON-ASSIGNABILiITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 18. 3 Z .C11 OPLOnES AND CONTRACTOR shall employ no CITY official nor any j regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any finan- cial interest in this Agreement in violation of GoveT_A@_Pr_t_C9,q Sections 1090 et seq. 33. ATTORN Y' $ FEE,a If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that; party may be entitled. If any action is brought against CON- TRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which na►nes CITY as a party to said action or by reason if which CITY incurs expenses, CITY shall be entitled to reason- able administrative and attorney's fees, costs and necessary dis- bursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond requires] of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) For every Stop Notice filed in excess of two, regardliess of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. All notices required or permitted hereunder shall be 19. M delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in virsting by such party. 35. �4LJS Captions of the Sections of this Agreement. are for con- venience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the inter- pretation, construction or meaning of the provisions of, this Agreement. (REMAINDER OF PACE WOT USED) 24. 36. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR J SIP KOVAC, Owner ATTEST: r4)1 - - ('.�� City Clerk REVIEWED AND APPROVED: City Admi.ni/stratot 1874L CITY OF HUNTINGTON BEACH a or APPROVED AS TO FORM: N City Attorney r,c'C INITIATED AND APPROVED: 21, Director of Public Works /Y7 A ti LABOR AND MATERIAL E. RO KNOW ALL REN fJy THESE PRESENTS: w BOND NO. 30 26 40 PREMIUM: INCLUDED IN CHARGE FOR PERFORMANCE BOND Thatwe, JUS?P KOVAC, 9272 Cloudhaven Avenue, Huntington Beach, Ca. 92646 as principal, and r 'WAK ,. Sox _ 9 , USt-jn i. 9?681-2175 surety, are haland firmly boun unto the CITY OF HUN I N G ON f�� a�+q Ynt DSO. q • � of Cal Ifornia, In the suss of TWENTY-FIVE THOUSAND,FIVE CTaIZars lawful money of tho unl •te,. ritates, for the payment of which sum, we) I and truly to ba awsde, era bina oursel ves, Joi nt I y and savers I I y, t irm i y by 'these presents. The condition of the foregoing obilgotion Is such that whereas said principal has been awardeo and Is about to enter Into the annexed contract with the City of Huntington Beach, County of Orange, State of California, and Is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, If the said principal as contractor In said contract, or subcontractor, falls to psy fa any materials, provisions, provender Or for or about the performance of the work contracted to bei done, or for e,ny work or labor done thereon ct any kind, or for amounts due under the Unamp loyment Insurance Act with respect to such work or labor, said surety w i l I pay tt-r- same In an amount not exceeding the s-im set forth above, and also In case sull Is brought upon this bond a reasonable attorney's fee to be fixed by the court. This bond Is executed pursuant to *he provisions of Chaptor 3 of Division 5, Title 1, Government Code of the State of California, and shot I Inuro to the benefit of any and al I persons entitled to fl le claims under Art i c i e 2 of Chapter 2, of Title 4, or Part 3 of the Code of Ci v I I Procedure of California as now or hereafter amended. No premature payment by sal d County to sal! principal shall exonerate ar.y surety unless the City CounclI of said Clfy AhalI have ectual notice that such paymont Is premature at tht time It is ordered by said City CounclI, and then only to the extent that ouch payment shall result In loss to such surety, but In no event more then the ar.+ount of such premature payment. WITNESS our hands this 2nd day of February , Ig 8_7 STATE OF CALL I FORN11 A, ) ss, county of Rmmjtx LOS ANGELES City of Huntington Beach , INSURANCE COMPANY OF THE-1-9T QY Barbara Patton Surety Attorney in Fact On this 2nd day of February � 19 87 bef ore me 1..inda M.._1av� a Notary Publ d In end for said County and Mate, persnnol Iy appeared Bach, rPatton known to be to be the person who executed the within Instrument cn I-ehelf of the corporation tDoreln no"d and acknow- ledged to me that suc•�i corporation executed the saw .'L' lw • -•>i L�. ���NY. i�t: .7[+M.9•.-...HlM.'YI.fA�� �f.Il � I � i {i� `,� •,�. C�r•r _ to �h LOxcscvu1rrr APPIRO1ED 13 TO ?OPW GAIN, RUTT011, Citr Attorney. I3y: Degu't CityrAtta1•r�_► * 2/11d%9 7 HOY. OFFICE: S.A'•. Ccrti(i:.d rup) of KNOW ALL 1: EN 13Y THE ,E PRESENTS: T fiat the tnsur ynre Company of the tt'est, a Corporation duly aut'-orited and cx41;np under the Iays of the State of Cal Ifprnii and having its principal office in like City of :an Dit-ao, Califurnia, does hereby notninaIa, constitute and aD,ointt AT,I.El,1 JAYtiE ' 1.INDA. JAYNE BARBARA FA'1"I'OP1 1ls True .:nd iz.r?ui Atiarrtcy.$) in-I-aet. vrih frill po';:er and authorlty ficrcby conferred in its narn:. plate and stead, to ear cute, seal, ackr& .,v ledge and deliver any and alf t)unds, unr1trtakings, tr; r;,niiancm or other written ohligatione in the nature thereof., This Power of Attotrey is g,rn:ed and is signtd and scared by fr.rsirnllt• under ar,d by the authority or P,.e folrc:.ins ry,:0 ;on r•tlop!t-d by the G'.�►d of Me,lors of the Irn!urence Cam;,arry of tf.e 1';.st at a -:,ceting duly called and Feld on the Slrath C!sy of Fr-brtriry. 1973. s•.hich t3;d msolul%n I.as not i.cen a.r.E,idtd or rEticinird and of %%'ok-h the tollcwing is a true, full, and tonip!cttt c c py: "RESOLVED: 11at the President Of Secret;,ry tray trr,in !,rr;,: to time appo,'ni llorreys•In-fact to rcpre:cnt and act for and on behalf of tnP Cu.-nFany, and either the President or Secretary, the 1-N-erd of fired trs or Exe•cul4e Coi.-ani►lie may at any I;tT-,a Icmove such Atlatney;-in-raet and r evoke the: Pcv.er of AtIorncy,iv,.n him ar her; And tie it further "RFSOLVE D: That the AtIorncy-in-fact may be given full r,oiv:r to c.ecute for and in the narr,e of and on t- 'calf ,-I tl,c Coin; any any anti a'1 bpnds and ulnderfi: ngs as the bt:;inesS of the Cornr:any may trquire. ; nd any such bonds cur ur'ertaStings cx ecutc d by any such Atfraney•in-Fact shall be as binding upon the Corrirsny as if signed by the Presider.• at,d sk'aled and zttr•sled by the Sr-cretary," IN WI f NI -.SS %•:HEPFOF. Insurancr Company of the 1'1es: has r_aused its official ;cal to bt- hr.•rrunic affixed and these pre!tn!s to be signed by its dull' au;`inritr•d officers this i I'M DAY OF ND\'EF- R1'.R 19,95.. `L jr C` I':SURAi10E (C' .P:;t.Y ! F Tel: WIST N 4 C..- �, I r �a(` ' cam_- �- Lr �'(- :t - ,C:riesident STATE OF CA1.11`013I41A SS: COUNTY OF S l'i DIFGO s1Il On this DAY OF ti�r\rFJSHF:R lu� al the subscriber. a Nolary 1 ul.,) c of the State of California, In and for the County of San Diego, duly cotnm:;sionr_d and qualified, came Ei Nt '.ST PAAY , Ncsident of INSURANCE CO`dPANY OF THE %`:EST, to me personalty known to be the individua' and uff;cw dvscribrcl in and v.ho executed the preceding instrument, and he acknow- ledged the t:eeufian nt the wrne, and t tang by one duly sworn, depmrth and with, that he is the said offices of the Corporation aforesaid. and that the s.aat affixed to the pie:rdiny iostrtiin: nt is the Car7nratr Sera! cf the said Corporation, and that the ,aid Corporate Seal and his signeture as such afficrr ►%-C'e duty affixf-d and A,%cri!;ed to the said ins:rurnent by the authority and ditection of the -.ald Cotrio-Oion. IN WITUF55 %YHEREOF. I have here;, -MO set my hand and affixed my Officlal :Seat, at the CQv of San Diego. the day and year first above written. y •' a-f A..�. �t-�. NORMA PORIE=R .11 f, t,at fl'"t)�• tl.IiF1. MA tr 91 tr.: 2Tn f_ty let t. ISH r STAi E OF CAI_IF'OF NIA SS: -COUNTY OF tall DiEGO 1 1, 14� (�/:;� .� •''d. I.1:1•�•r• 1'.'�r;, ::,=!o�i�� of t'.r Ir! r_ar• . `•} v' thf i'.Et'. '�'..�. .i �E:llt�' ,'�f.! tr., one -r., 1 OF !, 1 T U: , Y. of !rt',i-', t'.e toll .',as i- 2 full, trut, arld c •rct COPY. f! 1,.1: tpt„ ' Ef!t:•...d has no' ' .ar. r: vc':ca, IN �':I f `.: �`;�'l.f:FC:F, 1 ha' I. r• !p sut� cri :t 1. rt rt,. c ! t c • � ! ..` a4 .)r "t;a-)'. An., � f ► E� t'� COr. G'J![ _:mil O• .>••�e f:G this 2tld e. j of Febi'Uary, �9S7 ICW CAt_ 17 (RIEV, S;112) �,�r if�x�'► J FAITHFUL PERFDRMANCE DOW KN()W ALL MEN BY THESE PRESENTS: BOND NO. 30 26 40 PREMIUM: 5184-- 00 That we,_. JOSIP KOVAC, 9272 Cloudhaven Avenue, Huntington Reach, Ca. 92646 as principal,. a-r,d .JU-91IR©h1...N COME tie Y DE IM WEST, P.O. Box 2039, Tustin,C:t. 9?.601-2176 surety, bra he 1 d and firmly bound unto the CITY OF HUNT i NGTON I£AGI, URAWE CDUNTY, i n trio sum of TWENTY-FIVE THOUSAND, FIVE HUNDRED EIGHTY and NO/100 Doi iars is 25120. 0G, I awful nmey of the United Staters, for the paymort of which sum, wol I and 'truly to be made, we bind ours©i vas, jointly and several I y, f ice+ I y ty these prosunts. The condition of the foregoing obllgatlor, Is such that whereas said prliSc',pal has bewon awarded rand Is about to entor into the annexed contract with the Cl*y of Huntington Beath. County of Orenge, State of California, and Is required by said City to give this bond In connection with the executior, of said contract; NOW, THEREFORE, If the said principal sha l ! so I I and t ,uly do and perfcwm al I of the covenants cnd ob 1 l gat lens as said contract on spec i f i rid tharel n, then this obligation shal i be nu! I and void, otherwise It nhal I be and ramain In ful I force and offict. No prwnai.re payment by sald City to said principal shall exonerate any surety unless the City Coinci.l of said City steal i have sctual notice that such payment is premature at the time It Is orderod by said City Counc 11, and then on i -j to the extent, that such payment she I I re.�u I -r In I oss to such surety, but In no event more than the amount o1 such premature payment. WITNESS our hands this 2nd — day of _ February 1, iy 67 JOSIP Y,OVAC BY: Principal INSURANCE COi�AN'r OF THE WEST Barba Patton Surety Attorney i n Fact STATE OF CALI F�:NIA, ; ss. County of wma4a LOS ANGELES City of Huntington (teach On ,his 2nd day of February 19 87 -, bef ore me Uf�rtvt LINDA M. , a Notary Public In and for sold County and State, personally sepeared BARBARA PATTON' k•. +�•n to be to be the parson whn executed the withih Instrument ar behalf of the 4arporatlon therein nanod and acknow- ledged to me that such corporation executed the sane. t �r `r• Y ,. ice. ".�J:• - � .. ' (>-17 'A.V90VE1) AS TOf F0PA C -% 11, iT(t V T021,. C1 ATTOTrioy, V : Dept: ty City Attorney 4 , 2 INSU..ANCI.4 (`()�MPANY 01-4�! 1 Ili wvs,r rc.?. of P(a 11:1111 O -N1*" CORM---y KNOYN At_t_ 1: E-N BY T11f=_SE NJFl SEr47S: 'Mat the insm;lwn a Ccm;•eny of th! '.:rst, A C-vporation dilly .+uft ;irired i d cristin9 I,rCer if1! .tf lht Ss_te of C lforr,ie ind Navin.; fts principal office in flit City of I;sn Dit•ja. Califurnia, do^: VuJ by constitute en^, r •; o;nt: Lt: 7" i r,T, t �t.NE T.I;Ji1A 311'iI.� its tt::r ..c. u .. Icl:rtc;�(s) in F',Jet. t•.ith full rr .er ;r,d ; tltl,ority hi:-cby ronfr_rIe! in Its r'.ame, r':c^ cr.d ;!tsd, I.) ', - � �Y r1 !S. -t �?5, r• y�i, n; �s c. c'1! -i n r,„f�, ion; in t: �_ r,;t u: r �!•.- f, This % .er of Al!Glacy is:nC1 .r s'rA tfy I. r• _nr LI t.�.: Jig ..:i'y' i.,i i�.0 1C.11;-..;,g f•••: c.;11Ut�:/R 1!�P. •:.:td of V1 r!Ir.-T SnV of 11.0 :".1! at .� :!. i� +,ly C.:;�c� :t:' _'d G;•, Pic 1 of :,r 1'7i� \•,l,i'.fi V',Q rea^11 ,. t ., .I _ )', �. Jti�r, }, ., not t'• :n dI� :::,. .,..� d ; r �t ., ,'ct � ! - c.•,,y: .. IZr�'�i'•t t-1r i'.. (:: rl—st t is l it-,;:Ic nt U.' [r-t.f •_1..(�' .:',�� f1 .,.,. ti,��� in ! ,� _'n1 A! I• .r • .I .If cif ',. 1" - , ." � _, , ' .i � _ '".��t tc ,. ':t , ..ct fvr a'•Q C:-. t� l.••:1.,(ij', ar1d C111,Lr U c r;t, .,_nt Clr `:r;.fCtl:�', t''�E fd of r7i' iG': or i C any fl .. rC .11�.` :,II.-rr.cy' •i'•I .'Lt 1'id li - "r_ 1,1:C i i...L0f i %,!!C'.'V. .�� t •1 f c 01-Vari: i!•.•t !ht Aflol. _� 1( l.•lt fr ty' 1•. jrVf.r, f111: �• _. tC ( ,i ':ilt (.. _' i!) t' ( I'... `i1 :: ! If .ter "•t' ! Ilj �',li`'ll i` ',:I: �'�� ,,.'i: flCl-.111��; ,!s 1l,. 1)' .'.', S of the Cr, ;ny r, 1y I .Ir, '� i'/:}1•`.�.,, ''S ::rl. 'r, i' ., G'r,•:u�y by ,:ty• uJJI : �i' . ,.'f i .•�.!1 t :` 71? i _ ,'; * n � t`' ii,i lie ,^ : 1'`t :r � :.s It i �'. C! i:�' ,l ,t i.. i . 'lf � ! ., .a .!ti'S!1'C�i lJy ,,%I -i C:r•' •ry. • • , -fi -- n%' of t' •. 's! 1•.,5 c�..•cd ils o`fir:,II to and ttic;r. flrt _n!s to II AI f+:'' ' ._ :'t.}`., r'I2 1 +'rl5 51, i is 7`- 1 AI' I ._,• I On this c thr s(iL-scri;ler, a No!ary P')J:Ilic c. Me Mate of California. in and for Lrie County of rtn (•iiego, du!y and QuatilihV, re:;1E I t,irP.ST itrtl7} , r rC, r!.rlt Of lNSU►{i,rl 1„ t INSURANCE CO t'.• NY OF THE of .,T. to me io tit the indi0J3 .-at rnd officw cl—crihccl ir, and s.no r-rcuted 11ht preceding instiurnent, anJ he acknOYY" Ir;l c� t'ir c.l-;ut::1n of the s3mt, ,)rid 2:e1ng by rri^ dwy .-.%jin, u•_Dencth and sailh, that he is the said officer of the Corporation -'u;Cr ;Iid, z -•6 that 2t:e :!at a1'i>,Cd to th! pre._:!i•1g iricirtJG�,�nt is the C'E, -eta rra1 of the Said Corporation, and that tt,e -aid Ccir; :ate St'31 and `Is si;naiu:e v.-Ch offi.0 i-.ele d-_:ly 4!'7,,cd .t"d to the said instr,;ment bil flit aulhzritly rnd CuG•r',�n of V.• .61 Co+L :'tloR, IN 11'i7':ASS 1',':tEi;iOF, f 1:;ve t,,. c,tta :f't m}' cr O•r;cia. a 1, ai the City of Sion Diego. the day and )car S"Ira )rlr��f •4, l"Y.1 r,�'4•.•rr. rrr41 tar 4ri a1•i4',-'4*DV ILL F'R �� u . i'..-.-'-.:: ,• is ► r, t , - 2 )Sir r c I ! C • r.t`t'r afa \!ate', 1,t Lrltl .ral 0Y'1 i i � .•ter • r • . l A -COUN 1 Y OF S OF K%VCAL 37(REV.5'i{Z) t _ .f a. C! 't%r. C . RETURN TO: CERTIFICATE OF INSURANCE APPROVED AS TO FORM • City of I4vmIryton beach TO Inwranae A >renefits Dirieioa P.O. son 190 CITY OF HUNTINGTON BEACH, CALIFORNIA City Attorney Hun1M/ton taeeoh. CA IZ644 A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been Issued to the insured by the underbigned and are In fo(a" at this tint*. If these policies are cancelled at changed in such a mannor that will affect this certificate, the Insurance company avast to give 30 days prior written notice, by mail, to City of Huntington Brach, Insurance and Benefits Division, P. 0. Box 190, Huntington Bach, California 926U. Name of Insured JOS I P KOVAC Address of Insured 9272 C1 oudhaven Avenue, Huntington Beach, Ca. 92646 Location of Work of Operations to be performed SIDEWALK CONSTRUCTION ON ELLI S AND GRAHAM, AND ACCESS Deacelption of Work or Operations POLIC ES iN FORCE GENERAL LIABILITY i(X) COMPREHENSIVE FORM V) PREMISES — OPERATIONS h{X) EXPLOSION AND COLLAPSE HAZARD )4XI UNDERGROUND HAZARD AXI PRODUCTS COMPLETED OPETIATIOW! HAZARD ft) CONTRACTUAL INSURANCE )IX) BROAD FORM FROPERTY DAMAGE 4X) INDEPENUEN'T CONTRACTORS ,jXi PROFESSIONAL LIABILITY/ ERRORS & OMISSIONS AUTOMOBILE LIABILITY COMPREHENSIVE FORA{ OWNED b�k HIREn (Xk NON -OWNED EXCESS LIABILITY () UMBRELLA FORM (1 OTHER INSURANCE COVERAGE WORKERS' COMPENSATION AND Weiver of subropilaM 1r011n Workers' C*frpwmtion tnswer. RAMPS A7 VARIOUS LOCATIONS POLICY NO. Effective I Expiration :BP 500865 11 /15/87 r /15/88 CBP 500865 11/15/87 P/15/88 wra87 1 lss32- 05 1/15/8;' 11!15/88 LIMITS OF LIABILITY In Thousands (000) 1,3 002,000 _ GSL Each Occurence S 1 ,000.000 CIS Each Occurrncs s Statutory Name of Insvrence Co. 6 Self Insured Retention or CLASSIFIED CORP. $250 P.D. 1NSURANC Ded. CLASSIFIED INSURANCE CORP. ;250 P.D. Dec. FRE140NT INDEMNITY COMPANY Additional Insured Endorsement: The insurer egreas to previde an endorsement to each policy shown above as fellows (excluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, totnmlttees, cc..imisslins, boards and any other City Council appointed body, and/or elective and appointive: officers, servants or employees of the City of Huntington Beach, when acting as such are additional ►ntureds hereunder. Such insurance is primary and not vxcess or_contributing_to any other insurance of the City of Hunt_ingtntt Brach. ^ _.��.._�_^'�.1 T.aT. •^-_.r'��_�: L: _.. a=T.,..�.: __.S _it.�=.� ::�..1.^�7S'S�Z''�.L;Y'T_"'_�'..':.-�.=�'/��:2'1 ::��:Z'=� ::_�.�"—_3'�3: This t ..ficats it iarued as a matter of information. Yhh certifies* is not an insurance policy ind don tint emend, ss"end or alter the cover*r afforded by the psiicirs fitted Mteln. Notvntiatand:nj an-, raquirerncnt, term or condition of any contract yr other document with respect to which this certificate of inwrenvo may be issuoo or may pertain, the insurance attornid by the palicies described herein b subject to all the terms, exclusions and conditions of suchV010"• 1} Classified Insu►•anc2 Corp. !!LLEN JAYNE I)iSURANCE, INC. �LEC'emon� Ind�ml�'>C.� LT 166 All ancy or grokwsee lnsuranca Co►nperry rea Cd . s 5It, .Q.s..Ang r.sa ..+a Z 2/20187 . .0 Anne l es i Co. , _ 40 05 ka:r+s o! tin to�e�intert A:r� harl.ad Z;i�atws � ; D t ��'r��� _-12.1 3?-ti3 t1 -------•.-.- NOTt: Authorired e/ents if Tetwpltanr nurnl.�cr eiertsture rnsV M Me event i>ra phcyd irtswstva through an sasney a"nsmont with the insorf►, If insurance Is Wokttett, authorised eiynelure must he flat of to official of the Insurance company. SEE REVERSE S106 FOR HOLD HARMLS93 AGREEMENT I The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of M permit or license: and that it be kept current for as long ds that permit or licence is in force. The certificate you now have on file with the City will expire on the date showh on bottom of mailing label. Please have your agent submit an updated Certificate of Insurance, on this form prior to this expiration date. Failure to comply snay result in the cancellation of your permit or 11"nso and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Reach. THE CITY Or HUNTINGTON BEACH MUST BEAN AODiTIONA L411111111111110 INSURED. All Certificates of Insurance should be mailed to the insurance and Benefits Office, City of Huntington Beach, P. O. Box 190, Hunting- ton Beach, California 92648. If you have any questions, please call this office at 536.5990. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, 1 Sole proprietor/General Partnership/California Limited Partnership/California Corporation/ Other I (you must circle the appropriate choice u! fill in the blank) hereby agrees to clafend, Indemnify and hold harmless the City of Huntington Beach, Its officers, employees and servants (herelnefter collectively referred to as City) from any and all loss, damage, cost, expense, liability, claims, demtnds or judgment% arising directly or Indirectly out of the work, project, event or other purpose for which thtr accompanying certificate of insurance is providers, regardless of the active or passive nature of any negligence by City except when such liability arises from the sole negligence trr wrongful misconduct of the City. This agreement extends to cover the actions and omissions of third parties as wall as those of the Insured Contractor (indemnitor) and the City (indemniteas). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor. Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awarded to Cl by a court of competent jurisdiction. SIGNED: By: __ Q ;'JC*VC Title: iC1/1ie!?Am By: Title: if a Corporation, TWO OFFIC must sign: or, in thn alternative, present satisfactory evidence of your authority to bind your Corporation. PI O 6186 a J'n Jig CITY OF HUNTiNGTON BEACH Insurance N Benefits Division '`r' P.O. Box 190 ,KAIAIL W%L" Huntington Evach, CA 92648 MEfUANTO: =;siiir1.A7E OF INSURANCE f.,ty of Huntlnoon Heath TO insurance a, Benefits Oir4100 0 P. 0. son 190 C Y OF HUNTINGTON REACH, CALIFOFINIA Huatlnetoa heath, CA l:ZMi A MUNICIPAL CORPORA'riON APPROVED AS TO r0kM City Attornry This it to certify that the policies of Insurance as described below have bean issued to the insured by the ur►dersigned and are In force at this dme. If t1h9se policies are cancelicd at changer! In such a manner that will affect this certificate, the (nturance company sprees to give 30 days prior written notice, by niail, to City of Huntington peach, insurance and Benefits Division, P. A. Box 190, Huntington } Beads. CallfocnIs 92648. Name of Insured JOS I P KOVAC Addressof insured 9272 Cloudhaven _Avenue. Huntington Beach, Ca. 92646, SIDEWALK. CONSTRUCTION ON ELLIS AND GRAHAM, AND ACCESS Location of Work or Operations to be performed .. Description of iNork or Operations _ RA14PS AT YAR I ll.Q S LOCATi 0Ns POLICIES IN FORCE GENERAL LIABILITY XXI COMPREHENSIVE FORM XX1 PREMISES — OPERATION3 XIX1 EXPLOSION AND COLLAPSE HAZARD AX1 UNDERGROUND HAZARD *1 PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE J(1 BROAD FORM PROPERTY DAMAGE )JX1 INDEPENDENT CONTRACTORS �XI PROFESSIONAL LIABILI i'Y/ ERRORS S, OMISSIONS AUTOMOBILE LIit.BILITY I I COMPRCliENSiVE FORM 40 01YNED IKk HIRED Dtk NON -OWNED EXCESS LIABILITY 1, 1 UMBRELLA FORM 1 i OTHER INSURANCE COVERAGE WORKERS' COMPENSAI !ON AND MwiVW of sutrowion from vywk«s' Compensation insures. POLICY DATES^ _ POLICY NO. Effective I Expiration 6P 500865 11/15/87 n/15/88 CBP 500965 11/15/87 h/15/88 WN87118832- 05 11/15/87 11/15/88 IMITS OF LIABILITY In Thousinds (000) S 1 ,000,000 CSL Each Omwence s I xoo 000 CSL Each Occuranae S Statutory ame of insurarw C'a Salf Insured Retention w CLASSIFIED INSURANCE CORP. $250 P.D. -.Ded. r CLASSIFIED INSURANCE i CORP. F $250 P.D. Dec. x 1 f FREMONT INDEMNITY '' COMPANY Atiditiuttbi insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows lexcl d worker's comp.) The insurer agrees that the City of Huntington Beach esid its City Council, and/or all City Council apiminted praups. committees, commissions, boards and asny other City Council appointed body, and/or electiva and appointive officers, servants of employees of the City of Huntington Beach, when acting as surh are additional insureds iheteunder. Such insurance h primary and not excess a contributingto any other insurance of the City of Huntington Beacti!t. D'" - rS"��r3' �.•Z'- =Clt:: .-�:��_?� �5�"� SY 3R••�-•_.T�=�-«-.•"3'.�5= ;�L:���1 This tartiflans Is Issued as a evertor of I[Movvmtion. TNs certificate is not an Insurance; policy and dow not emend, extend or alter the coverage aflardod by this plkhe fitted (mein. Notwithstanding any nequ°riment. term or condidan of any contract or other document with ra "cl to "hIch this csrlifkeee of tnewsrsae rwy he issued or r y pertaln, the Intursrice alfo-de,d by the po!icifo described herein is subleet to all the terms, oxcluslons and condflons of "'c"°a`k`' "I) 1) Classified Insurance Corp. ALLEN JAYNE INSURANCE, INC. 2UreWnt ,l j_t rnnnnrty ►ieermv W arwher"" r Insurances Company rea , Ca. _.__.._ 2/20/87 retest Aashoritrsd SMnetceej� Dow wy��331 _ NOTE: Art%wited rlenatwa vnel► be the Monts If aeewi %as pieced insarenso 0"Viih an O"ICV aPresr►"I With the Intum. (f insurance Is brcfier*at, Authwil6d tlptaturn must be thet of an afficiai of the Insurance company. SEE REVERSE SIDE FOR HOLD IiARMLES,S AGREEME4T I The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or licerne: and that it be kept current for as long as that permit or license Is In force. The certlfk*te you now hgva on file ►vith the City will expire on the date shown on bottom of mailing label. Please have your agent submit an updated Certificate of Insurance, on this form prior to this expiration date. Failure to comply may result in the: cancellation of your permit or [feints and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Beach. ' THE wry OF HUNTINGTON BEACH MUST BE AN ADDITIONAL 111111111103 IN£UnED. All Certificates of insurance shoeld be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. 0. Box 190, Huntirst ton Beacli. California 92648. if you have any questions, please cal! this office at 536.5990. 1 ' DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, a Sole Proprietor/General Partnership/California Limited Partnership/Californis Corporation/ Other (you must circle the appropriate choice or till in the blank) hereby agrees to defend, Indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter collectively referred to as City) from any and all loss, damage, cost, expanse, liability. claims, demands or judgments arising directly or indirectly out of the work, project, event or other purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any negligence by City except when such liability arises from the sole negligence o- wrongful misconduct of the City. This agreement extends to cover the actions and ornissions of third parties as well as those of the insured Contractor (indemnitor) and the City (indemnitees). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall he reimbursed to City or may b•a awarded to City by a court of competent jurisdiction. .} SIGNED: By: By: This: If a Corporation, TWO OFFIC R5 rnust sign; or, in the alternative, premnt satisfactory evidence of your authority to bind your Corporation. P10 6/86 JflCiTY OF HUNTINGTON BEACH Insurance & Benefits Division P. 0. Bust 190 MA,..G"o.MKM Huntington Beach, CA 92648 ... Nrrur�rr�eNOWH Vvia INTER -DEPARTMENT COMMUNICATION To W'eyne Leo From 1ps fVtS A cwunting Officer City Mxj veer Subject Aaqu !3 t for Pmpsnti Date Much 13, 1987 Transmitted th is an invoice and request fnr 'Progress Payr.+ent from 272 ngbon Beach, CA.. The contract amunt, to date, is as follows: FMAL PFCX�M PAYMMr Dh= HUCH 10, 19 87 Total Contract Bid Price . . . . . . . . . . . . . $25,580.00 Total Earned to Date . . . . . . . . . . . . . 28,120.00 Less 108 Retention . . . . . . . . . . . 2,812.00 Subtotal. $25,308.00 Amourjt.pxeviou's1y Paid . . . . . -0- A*rotbt D,je Under This Papent. . . . . . . . .__. LC:DRN:tw cc: Brude-G.ilrner Bi 11• t6de11 7txn Blackburn Glen Sorun CC File 582 "Payments" w � i STATE OF CALIFORNIA, j COUNTY OF "OS AtiCE ES n KV Cal 316n (11. Cf ITIZIRL KAL Lf;`v'D.,! PA. JAYNE l4J:•i.� 2,.7(: CAI'FCR;fVA l: 5CLi0ITY Nr Cc•r,rt ,fain U;. M 1 7?. 190 ON ?fay Z 9 t! 87 before rne, the undersigned, a Notary Public in and for said State, porscaally appeared _ BartULra_t'atton _ __ _personally , known tome to be tfM AttorneyIn.iact of Inturance Company of the West, Itle cosporatlon that executed the within Instrument, known to me to be the person who executed the within Instrument, on behaff of the Corporation, therein named, and acknowledged to me that such Corporation execute f the same. WITNESS my hand and otriclai seal. l Nita FulAc Ina Ifr uld M' . INSURANCE COMPANY OF THE WEST P. 0. BOX 1115563 -SAN DIEGO, CAL IFORNlA 92138-55G3 (619) 546.2400 (8DO) 532-3702 KNOW ALL MEN BY THESE PRESENTS: MAWENANCE BOND �agta tQ-Cr,©9 nNrc,� ', •C1+'•�1 - Bond No 30 26 40 - A ` C, PRIMMI : INCLUDED IN CHARGE FOR S" PERFORMANCE BCND That—sMSIP_KOYAC,3272_Ciimtington Beach C . 92646 _ _—. as Principal, and TN'; 2AN �Q!]1pbjti QF 'i'NF S�7FS'P u cormration organized under the laws of the State of C;-L1i.fQMisL- and authorized to do a surrey .,)u;iness in the State .,__California as Surely, are hold and firmly bound unto the CMIY OF H[UTRiaiiiJ BEACH, CW--,U 3RNIA in the sum ot` %TDnY-EIG4T ONE HUNDRED_� sa NQ1jQ0--- -- - --- - ----- - -- - _p(s 28 ,120.OQ_ .), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bird ours::ves, our heirs, executors, administrators, suezossors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 22til day of May. 987 WHEREAS, on the 20t•h ria= of T 19R7 the said_ .7n. TP KMLA _ as ccntractcr, entered into a contract for MNS'TKMION OF S:Q39N I KS ON FIJIS AVCNUE, 540' + EASi' OF BEACH BU'JLF'VPM AND ON GRAHAM STREET, 500' + SOUTH OF MF-ZMgLM DRIVE, THE 0ONSTRUCrI0N OF ACCESS PAMPS AT VARIOUS ICCATIONS IN 71!E CITY OF HUNT0c W BEJ'CH, CA. for the sues of 'iL.'UM-FT E 2110EMM' FIVE 11rNT 6M, ESMM-_RiYd..Nall f�l�-- --- - - WHEREAS, urrtr the terms al the spectfications to said work. the said 7t14Tr- xr"j,�� is required to gire a bond for - - S III- --and - NO1100, 0QT1-ARSS - - - -- -- (! 2� ? �� -� ). to protect the CITY OF M=INO`jtZN_ FZrH, M.TFnB I-rt •+gainst the result of faulty materials or workmaruhln for a period of one year Iron and afti-r the date el the coaspletfon and acceptance of tame, namely, until M.""I 29P ICI+SR NOW, THEREFORE, if the eaia .TnSTp Emma shall for a period of ane Year from and after the date of tha completion crd acoeDtance of same by sal f' ' replace any and all defects arising In said work whether resulting f-rors defective matertals or defective werkmarultip, then the above obligation to be Vold; otherwi.d* to retzaln in full fora and effect. �T�SIP KOVAIC BY INSURANCE COMPANY --O7t—_- E WESBy— r ara Patton, Attorney vi Fact IM-CAL-1311 INSUR.A_ . C E COMPANY OF T WEST H0:1E OFFICE., SAN DIEGO, CALIFORNIA Cenified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTSr That the Insurance Company of the West, a Corporation duly authorized and existing under the taws of the State of California and having its princirC ,,ffice in the City of San Diego, California, does hereby nominate, constitute and appoint: ALLi',N JAYNE L IDA ' YNE - BARBARA PATTON its true and lawful Attorney(s)-in•Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, .rcknowledge and deliver any and all bonds, undertakings, recognizanrei or other written obligations In the natu. a thereof, This Power of Attorney is granted and Is signed and sealed by facsimile under anti by the authority of the lo,lowing Resolution adapted by the Soard of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth clay of February, 1973. which said Resolution has not been amended or rescinded and of which the following Is a true, full, and complete copy. "RESOLVED: That the President or Secretary may from tine to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company. and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Altorneys•in-Fact and revoke the Pc,-Aer of Attorney g; . en him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full poser to execute for and in the name of and on behalf of the Company any ano all bonds and undertakings as the business of the Company may require, and any such bends or under takings executed by any such Attorney•in•Fact shall Lie as binding upon the Company as if signed by the President and scaled and attested by the Secretary," IN WITNESS WHEREOF, Insurance Compan of the West has caused its official seat to br. hereunto affixed and these presents to be signed by its duly authorized officers this 111i DAY OF NOVEMBER 1985. INSURANCE COMPANY OF THE WEST Pres:dent STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this11711 JAY OF NOVEMBER 'U%gi;e the subscriber, a Notary Public of the State of lZallfornia. in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY , President of INSURANCE COMPANY OF THE WEST. to me personally knowr to be the individLal And officer described in .snd Nfin executed the preceding instrument, and he acknow- ledged the execution of the same, and be(ng by me duly sworn. deposeth and sailh, that he Is the said officer of the Corporatior. aforesaid, and that the seal affixed to !hu preceding instrument Is the Corporate Seal of the said Corporation, and !hat the sale! Corporal:. Seal and his signature as suet officer were duly affix,id and subscribed to the said Instrument by the authority and dirertion of the ;a.d Corporation. • iN WITNESS WHEREOF. i have hereunto set rry hand arsd affixed my Official Seal, at ttt City of San Diego, the day and year first above written. NO MA PORTER .t: ^ {y NGIARt PUBLIC-UlLMINIA r�� F�rrc� o:tca m tan �hpo �/+h f �.�1.�.t.F.`.iF,�".'I.V I..'14Sh4•h't'� �.Al'14tNMrt STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO Notary Public I, the undersigned. Richard S. King, Secretary of the Insurance Company of the West. do hereby certify that lhv or'ginal POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, Is In full force and e'fect, anJ has not been revc .od. IN WITNESS WHEREOF. t nave herevnto subscribed my narrw as Secratary. and fffixed the Corporate Seat of the Corporation, this 2901 day al 144y &7 . ICW CAL 31 (REV. 5/82) 8 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Att.:ntion: Subject: Certification of Compliance with Title VII of the Civil Riqhts Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. V Title - hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title���! `_1 � 0 LI ,DECLARATION OF SATISFACTION OF CLAIMS T , JS• state: (Name -of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled t'C r8.2 and dated - 2 Q- 9�' . 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-m_!ntioned project have been paid in full. 3. Th.a following are either disputed claims, or items in connection with Notices to withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and ccrrect. Executed at AuAralMd 4.004 on this day of ' 1-9_" OdEmOrdeamw iSignhtl re of Conti actor lei WliCN RECORDED MAP1 TO: 0 cin OF HUNTIN TON et`P..`I1 Office of ii:c, City Clerk P. O. Ro-A IOU Hunimmon Dc.!ch (;alif. LV64-F 87= ! 99798 r EXEMPT C7 _.... iJOT I(:C OF (',Ot-'�LET i ON CLUB -� gEr_r1i:)ED IN n•,: ,C,AL VIECOPID:, OF Oii:41GF. UOU!"Y C:t.iIFOR't�A -11;12 pm P.P i 13 �- .„fit. �.• �r.J'��'a.,G ��' ., ` _) NOTICE 1S HEREBY GIVEN that the c.orltract heretofore awar•dod by the Ci ty Counci 1 of the City of Huntington Beach, California to Jorip ovac.,a sq e vt)rietpr,,-. tip who was the company thereon for doing the following work to -wit: for the co►, struction of access ran':ps and sidete;alk at various locations within the City.of Huntington Beach That said work was completed by said company according to plans and specification:, and to the satisfaction of the City Engineer of the City of Hurntinr,ton Peach and thaC :,aid work was ,Iccepted by the City CCUnCi 1 of 4he City of Huntinrton Beach ,it a regular meeting thereof held on _____ A,iri l 6, 198 That upon said contract tl:�_ _ _.Ins��r_atiL� Lou,pany .t►f_th2_. &;t was surety for the bone, given by the said compan; as roquired by law. Bated at ►nti ngton Beach, C.al -I fornia, this _ 81;11 � day of AC ri ; M 193-L. STATE OF CALIFORNIA County of Orange j ss: City of Huntongtor, Reach Alicia M. Wentworth City Clerk and ex -off c io Cie of the City Council of the City of Huntington Beach, California Byce,� Ccnnie A. frockway, Cep ?/11Y I, ALICIA M. WENTWr'iRTH, the duly elected and qualified City Clerk and ex-officio Clerk of c.he City Council of the City of Hunti%ton Beach, California do hereby cercify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF C'r.1MPLE110N was duly and regularly ordered to be m-no,'-ded in the Office of the County Recorder of Orange County by said City Count'.'. Dated at Huntinmton Eleach, Californir, this _6th day of Agri; , 19 87. This docuetnt is solely f lr thm official bustness of the C .ty of Hcurtin!tan 'beach. is contem- plated under Goverment Cods Sao. $203 autd avould bo r+oaorded pro* •t ebarge. ,Alicia M. Wen worth -may-Cleric and ex-o f ici o trk of the City Council of the City iuf duntington Beach, California 12 7. �01 0244�' /� Connieoc�.vay; 'NeP3y I 0 WHEN RECORDED MAIL T0. F R �, 1E D D p D� c►9 tao� COMPS j with O GI rY OF HUNTINGT ON. REACH x" M T Office of the City clax FT�, P. 0. Box 190 Huntinvfun Brach. Calif, 92Fdt' NOTICE OF COMPLETION 87iJ99798 _ �, w i�17 r Az aEGop0E0 IN OFFICIALFIEcoADS I OF pFIANGi: Co11HTY. CALrF0W A -I130 PM APR 13 87 I NOTICE IS IIEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Josip I:ovac, a sole nro}Lrjgtgrship who was the company thereon for doing the following work to -wit: For the con- struction of access ramps and sidewalk at various locations within the City.of Huntington Beach That said-.gork was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on April 6, 1987 , That upon said contract the _— Insurancc._C inpany of tl,p West was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of _ Ap -i ')�. STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach Alicia M. Wentw9rth Ci y Clerk and ex-o • i c o MR of the City Council of the City of Huntington ©each, California By { conS., Brockway, Dep I, ALICIA M. WENTWORTH, the drily elected and qualified City Clerk and ex-•offic:io 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 COMPLE..'fION 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 _ 8th day of ,kril , 19 87. This document In anlely for the official, tusinoes of the City of iiuctifirton Bench, as eoatem- pletwd under Government Carib Soo. 6103 and should be recorded *, o of obarge. Alicia ICI. Wentworth City Clerkkand ex -at f i cio er of the City Council of the City of Huntington Beach, California Olin fe :`Iiroc kway , er,15V y REQUES-t FOR CiTY COUNCI ACTiON Date Submitted to: Honorable Mayor and City Council Submitted by: C! arles Thompson, City Administrator �•�i Preparers by: Paul E. Cook, Director of Public WorksE Subject: Construction of Sidewalks and Access Ramps — Variou 4w �-� G 1,, ocatl Consistent with Council Policy? [ I Yes ( ] New Policy or Exception Statemont of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: t ,, Statement of Issue: Kovac Construction has completed the construction of sidewalks and access ramps at various locations throughout the city. Recom mendation: Accept the improvements and authorize the City Clerk to file the Notice of Completion. Analysis: On January S, 1987, the City Council awarded a contract to J osip Kovac for the construction of sidewalks and access ramps at various locations throughout the city. The construction of theso, Improvements is now complete, per the approved plans/specifications and therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a surnmsry of contract cists: Counci__l__ARPr__oov�ved__ Actual Ex enditure Contract Amount:—"$250530.00 $25,580.00 4cnstruetion Contingencies (1096) 2 3i8.00 2 540.00* Total $'28" 138.00 $28,T 20.0 f *Construction change orders included censtrueting two additional access ramps at Cot;tinentai and Brookhurst Avenues ($560.00 ca. — total cost $ I,120.00), Installing handicap rams at Yorktown and Brookhurst and Kamuela and Brookhurst ($560.00 ea. — total cost $1,120.00) and modifying wheelchair ramp at Frankfort and Hill to meet specifications for acceptable grade ($300.00). Fundln,tSource: Funds of 31,200 are budgeted In fiscal accounts 893640 (Sidewalk Access Ramps). Alternativ3 Action: N/A Attachments: Norte CWT:PEC:DRN:lw 1206g Mo live CITY OF HUNTINGTON BEACH r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 20, 1987 dosip Kovac Const. 9272 Cloudhaven Dr. Huntington Beach, CA 92646 RE: ConGtruction of sidewalks on Ellis Avenue, 540'{east of Beach_ Blvd. and on Graham Street, 500'± south of Meadowlark Project CC- 582 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach, a Certificate of Compliance form and -the Declaration of Satisfaction of Claims. The Certificate of Compliance Form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETE MIT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office, before tt,e City cart release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include Specific viording for a one year warranty, then a rider or separate bond must he submitted. Should you have any guestiai•s or concerns regarding the : nclosure;,or itcrss that must be on file in this office prior to relea:.-- cf retention Funds, please call Don Noble, Contract Administrator, 53b--j441. Al irin M. Wentworth ri►v rlrrk cc: Don Noble, Public Works Dept. Lnclosures: Bid tend rash Crint.ract. Cert i I it alr of romp ianrtr Declarrri.irm or 5ati,t-riction at* Clnimn f7ri.pkm: 714413"ZVI 17 A, CITY OF MI.JN'TINGTON BEACH r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 20, 1987 Damon Construction Co. 500 E. Gardena Blvd. Gardena, CA 90248 We are returning your bid bond which was submitted with your proposal for the construction of access ramps and sidewalks at various locations in the City, Project CC-582. The contract for the job was awarded to Kovac 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 E ITOkphomat 71463642271 t r- '�. CITY�OF HUlY'r"'ING BEACH Mb MAIN STREET - CALIFORNIA 92'"S OFFICE OF THE CITY CLERK February 20, 1987 Arm & Hammer Concrete 14522 Greenwood Lane Tustin, CA 92680 We are returning your bid bond which was submitted with your proposal for the construction of access ramps and sidewalks at various locations in the City, Project CC-582. The contract for this job was awarded to Kovac Cons ruction of Huntington Beach. We would like to take this opportunity to thank you for your interest in submitiIng a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure 179kphrorw: 714.63'.ow1 I BID PROPOSAL. �5z a l-roae9c . Firms Name To the Honorable Mayor and City Council, Clty o.f Huntinjton Beech, Califarnla: in compliance with the notice Inviting %soled proposals for the Constrt&lcn of sidewalks an Ellis Avenue, 5401+ east of Beach Boulevard and on wham Street, 5004 south of Meadowlark Drive. The Construction of access ramps at various locations. OC-502 I hereby propose and agree to enter Into a contract to perform 'the .1aiork herelh. dascribed and to furnish the Materials therefore according to the plans, specifications and sPatial 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. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by 'laws, rules or regulations of which prohibit or, prevent. the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or rnaterlalman from bidding to Any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incldental work necessary to deliver all the'improvemants complete in place In strict conformity 41th the plans, specifications and special provisions, on lilt In the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN iN WORDS PRICE TOTAL Construct concrete sidewa3k on Ellis Avenue at 1. 900 s. f. i(.�� L��ts�e%f pPr S.F. Construct concrete sidewalk an Graham Street at 2. 3500 s. f. s. f. ` tiaF_. 61 P-1 MEM APPROXIMATE ITEM WITH UNIT PRICE II NIT NO. QUANTITY WRITTEN IN WORDS P IACE TOTAL ConstYuct =;ws raups at the following locations: Springdale Street at Chinook Drive z. Lunp Sum NA corner, td. 2 at Lump Sum price of .. Springdale Street at Chinook Drive — -1. Lump Stra S/W corner, 'td. 2128 a Sutra price of de- 801 Frankfort: at Hill Street, N/E co Std. 212E at TAm Sum pri e o ✓ r+ Ellis Avenue at Uemion bane S/E 6. Ltmp Sun corner Std. B at Jam pr7� of ! . ��7 �' x D-00 Ci Ellis Avenue at Deni.on Lame SAI 7. r sum corner, Ste. a Lu�a,Sum price OfvJ12B ..� 90-00 Q XAMP sum Ellis Avenue at Chapel Dane, 5/E corner, Std. 2 at LuW Sum price 9. Law Sun Ellis Avenim at Chapel Lane, S/W cornA.r, Std. 212A at lApp pride of 10 . LUnp, SUM Ellis Avenue at Vallarta Lane, S/P corner, S • . 2121 C at St of Ellis Avenue at VallLar a Lane, S/W 12 . Lurrp 5tm eoutier, Std. 21ZC at L aP ST pr .. .� P--2 I IYEM .._.,...ram,. APPROXIMATE ITEM WITH UNIT.PRICE UNIT ....... NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Ellis Avenue at Newland Street, N1W 12. TU sum corner. Std. 212 yat Sum pr ee og © 7�0 - o o Ellis Avenue at a land Street, S/W 13. Lump Sum comer, Std. 2 at of r• Indianapolis Avenue at Kilkenny Lane N/E corner, Std. 12B at, Lump 14. LuV Sum price of •' J Indianapolis Avenue at Newland Street, N t corner, Std. 2 B at S � 15. Lump Sum price of < 00 o� -- ©0 40 Indianapolis Avenue at Newland Street, VE corner, 90. 212BIt Sum 16. Lump Sum price of '� , ,%0 nQ Cq Indianapolis Avenue at Newland Street, 17. Lwr Sun S/W corner, Std. 22B at Lund S , price of Atlanta Avenue servi,c a road at Bali►-1a Lune. (tract curb return). N/W coa.T,er Is. Lump Sum Std. 212E at Lump S= price of Atlanta Avenue service road at Bastia Tare (tract curb return) , N/E corner. 19. Lump Sun Std. 28 at IA4 Sqjn pri of 400 _ o a Q 0 Atlanta Avenue at r3tleld Lane, N1W corner,-1'ttd. 2 Bat T pqp S 20. ramp. Sum price of ,li-' ter. t1%'.� a Atlanta Avenue at Greenfield Lane, NA o©mer ,,..Std. 212E Ott Inv Sump . '-% 21. Lump Sum ��' • A f , of0 ,,.,,__... (4 6 o P~3 M, w ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT. NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Brcx*hurst Street, Korth of 16iz ctmn Avenue, west side, Rmcho 4tmtingtcn 22. Lump Sun Entrance, NN 'ti�rner, td. 2 P,at 7D0 -- o 0 706) I"r Sum 1 Brookhurst. Street North of ; Yorkt wn Avenue, west side, Rancho iiuntington 23. ILUP Sum Entrance, SA corner, Std 2M at 700 — 00 7042 Lump Sun price of , -41 Brookhurst Street at Constitution Drive, N/W corner, Std. 2 at I 24. Lunp Sinn Sun prise ofe7 Brookhurst Street at Constitution Drive, NIB corner, Std. U2B s Lutes 25. Lump Sun Sun price of 70© Florida Street at Shaffer Circle, N/W coM Std. at Lures price of 26. Lug Sun r ,5�"Ov - Goa 04 Florida Street at Shaffer Circle, SSW oarrxj�,, Std. 2 B at Sum price 27. Limp Sun of �� ' �,.�✓'O©� o o r^ ..> C� Warner Avenue at Magml,ia Street, N1W corner, Std. 212E 0At Lmg Sun p ice of 28. Lurp Sllil %L'/Q Brookhurst Street, south of Adams Avenue, west side, shopping center, 29. Lump Sun entrance, N/W coroner, Std. 2PC at ✓ 00 ..- 00 r r-� Lurp Sum price of'� 7 c Brookhurst Street, south of Adam venue, west side, shopping venter. 30. Lump Sun mtrance,, S� corner, ,StA. 212C &t. Sum P--3 . W ITEM NO. 31. 3l. APPROXIMATE QUANTITY LUT Sum Lump Sum tTiM WITH UNITM'RICE WRITTEN IN WO' RDS Hr6okhurst Street, soaith of AM= Avenue, west side, shopping center ei tmoe, N/W corner, Std. c at Lurp Sum price of Hrookhurst.Street, south of Ad" Avenue, west side, shopping center entrance, S/W corner Stud. 21 at Limp Sum price of UNIT PRICE o TOTAL 1� pa Total amcxmt in words �vOr1��tJc� �i�o�toP�o�o�l� Af Total! Amount in Figures /► � r f� 'may/ P-4 It it Ord the►t file appaDD�desaat» gss�titiii s1 z j►Z1 tit! i�r� inp p�+a sal schedule are soWy for the �tinq the o=prlacxs CW bids snd'that the catttzac 's tim 11 be 0=0*4d upon the teals of the WbML qu hies in the wcwke. whether they be sa ar Less thou ' LhMe shaft hsa " at the unit prides bid in the peopoeal �rduls. Its undweigned tiakieurg i, - nds this contract time limit allot-b■d for the contract. is . . 60 csalvrdeuc days. if curried the cxani7aret, the u niksrsiWmmd hereby agrees to sign said c ontxact Nd furnish the neoess my bwds within ton (10) days of the awwass.d of said aa iftmiet, and to begin work within ten (10) days froea the date of approval of the contract by the City of Muntingt oin eeache Calitaarnia. The uniUmnigned bas exmdx d carefully the site'of the WArk cant MIxtaed, the plans rand specifications,, and the proposal and, contract farr a . 1lW xdMI eion of a bid shall 'be oeaclusive evideince that: the b33der has inweatigated grid is satis- fied as to the coedit ims to be enommiGered, as to the , quality, Wd scope of work to be performed, the gaantitien of v aterialss; to be furrdxJ d, and as: to the xvquiramnt of the paaposal, planar specificatti�ans, a�n/d the contract. Aoo6t9mrying this is NMICE : Insert the wools "Cash," *Certified Check," or "Binders Sond#( � as3 the ca s may be, in an a momt equal to at least 10 pe cent of the botat bird price, pwpible to the City of fhant ngbon Beach. %to undersigned dits the Avoca name sae=it y as a proposmLl and agrees that it shall be , forfeited to the City of MmUnyton Beach as iicmd dated da-tages in cane this proposal- is accepted by the City and the undersigaed shall fail to exe=te a contract fair doing said work and to fumU;h good and sufficient bond in the fom set forth in the speci.ficatiom and ocmtract documents of the City, with surety :satisfactory to the City within 10 days after the bidder has reoeived written notice of the award of the eonticact= o-.herwi.ne said security shall be returned to the under- signed. Lioec s a l in with an act parovidi.ng for the registration of contract 11ceneA ZQel �.+rar•r r �wrr SignaturQ of Bidder animas Address c�arr�G�yylJ�j� oG`�,_ Place of Aesi,dmice �tac DIRtsd thins .2 day of jZjG 'eiciderr shall signify receipt of all Addenda here, if any: Addendm No. Date Aeceived BiddFr I a Signature City of Huntington Beach Dept. of Public Works Attn: B111 Wadwll 2000 14ain St. Huntington Beach, CA 9:'548 Dear Mr. Bill Wadwll, 0 J. Kuvac Construction Josip Kovac 9272 'Cloudhsven Huntington Bench, CA' 92646 December 15, 1986 Please refer to the construction of access ramps at various locations, CC-582. As you have requested, I have obtained a Traffic Signal contractor. The electrician is Tum De Barge of De Barge Electric; 910 N. Bewley; Santa Ana, CA 92703. His state license number is 375057. I really appreciate your patience with this matter and allowing ine ample time to resolve this problem. I am looking forward to working with you very soon. Thank Your, Josip Kovac J. Kovac Construction REQUEST VbR CITY COUNCIL AT, ION Date Submitted to: To Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administra-tore- , Prepared by: Paul E. Cook, Director of Public Works APPRoti'CU Dy :3ITY COUINC1L CITY Subject: CONSTRUCTION OF SIDEWA:..K5 AND ACCESS RAMPS - VARIOUS LOCA CC-582 Cansistent with Council Policy? [xj Yes ( j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, AttaMments: !} STATEMENT OF ISSUE. - Pursuant to City Council approval of October 20, 1986, bids ware received on November 25, 1986 for the construction of sidewalks and access ramps at various locations throughout the City. RECOMMENDATION: Accept the low bid submitted by Kovac Construction and authorize the Mayor and City Clerk to execute an appropriate contract :n the amount of $25,580.00. ANALYSIS: On October 20, t986, the Ci1v Council approved the plans and specifications for the construction of access ramps ©t various locations throughout the City snd authorized staff to solicit cGt►struction bids. Bids, as summodzed below, were received and upened on November 25, 1986. Contractor Bid Total Kovac Constm, Lion $25,580.00 Arm & Hammer Construction 37,124.00 Damon Construction Company 44,400.00 Staff reviewed the bid proposals and recommends the acceptance of the Kovac Construction submittal. FUNDING SOURCE: R-oject Cost.: Construction Contract $259580.00 Construction Contingencies 29550.00 0.00 Total LIZ Source of Funding: Funds of $31,20CLOO are budgeted in Sanate Bill 821 Account 893-640 - Sidewalk Access Ramps ALTERNATIVE ACTIONi 1, Reject the low bid arc; !3*iert gnother contractor. 2, Reject all bids and forego Improvements. XrTACHMENTS: I. -cation Map 2. Notice Inviting Sealed Bids cc-582 rlo 6M3zq J m W a 6� LOGATION tAP — CONSTRUCTION OF SIDEWALK ON ELLIS AVE. � 4 ON GRAHAM ST. CONSTRUCTION MT -� OF AdGESS TAMPS AT VARIOUS ar.r,q� LOCATIONS. • tr7 R •�* I ENQTE5 ITELQC - TION NUMBERS. • u. Sj I EDINGER SOLSA `� A _ 09.2. , �lf:e = a 2 `' d 7 6. 9 e I1. IJ W 1!LUs 2 ..wo gas_rs _P.---.ELL15 1 ow INDIAnAPOLIS i i .i.a..+v rw. _ � AdAKS f � V 'I'll a ` GARFIELD • 1 t D is�f7 � mf_v 44 A NN tR M I --� r IMOIANAPOLIS e►M. I 1 +.as carwav 2 � ATLANTA HEIL LYORKTOWN r y NY i 401ANAPOLIS awd►*+ev —.�r...ny.t.+»1r:..._ . "-1.Y./.f>KG AinV.w- err.,..... NOTICE INVITING SEALED BIDS CC-582 Notice is hereb lven,thatthe CIt :Councll of the City of Huntington Beach, California will receive sealed'blda for the cone ruction of.sldewalks on E111s'Avenue and on Graham Street. The construction of the access ramps at various locetions'In theCity, of Huntington Beech, California In accordance with the plans and specifications and spsclal provisions on file In' the of flee' of the Director of Public Works. Documents will be evallable on November 18,.198_6. A charge of .$20.00, not refundable, will be required for each set of specifications and —accompanying draw ngs. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Corner Quantity Construct Access Ramp at the following locations: I. Construct Concrete Sidewalk on Ellis Avenue 900 S.F. 2. Construct Concrete Sidewalk on Graham 3500 S.F. Construct access ramp at Lhe following locations: 3. Springdale Street @ Chinook Drive N/W Standard Plan No. 212-B Lump Sum 4. Springdale Street @ Chinook Drive S/W Standard Plan No. 212-B Lump Sum 5. 801 Frankfort Street @ Hill Street N/E Standard Plan No. 212-B (modified) Lump Sum 6. Mills Avenue @ Demion Lane S/E Standard Plan No. 212-B Lump Sum 7. Ellis Avenue @ Demion Lane S/W Standard Plan No. 212-B Lump Sum 8. Ellis Avenue @ Chapel Lane S/E Standard Plan No. 212-B Lump Sum 9. Ellis Avenue @ Chapel Lane S/W Standard Plan No. 212-B Lump Sum I M Ellis .Avenue @ Vallarts Long S/E Standard Plan No. 212-C Lump Sum 11. Ellis Avenue @ Vallarta Lnne S/W Standard Plan No. 212-C Lump Sum 12. Ellis Avenue @ Newland Street N/W Stardard Plan No. 212-B (modified) Lump Sum 13. Ellis Avenue @ Newland Street S/W Standard Plan No. 212-8 Lump Sure 14. Indianapolis Avenue @ Kilkenny Lane N/E Standard Plan No. 212-B ' Lump Sum 15. Indianapolis Avenue @ Newland Street N/W Standard Plan No. 212-8 Lump Sum 16. Indianapolis Avenue @ Newland Street N/E Standard Plan No. 212-B Lump Sum 17. Indianapolis Avenue @ Newland Street S/W Standard Plan No. 212-8 Lump Sum N-1 to"* 1 18. Athanto Avenue @ Pestle Lane (Tract N/W Curti RaturO Service Road Standard Plan No. 212-8 Lump Sum 19. Atlanta Avenue @ Baetle Lone (Tract N/E Curb Return) Service Road Standard Plan No. 212-8, Lump Sum 2(1 Atlanta Avenue @ Greenfield Lane N/W Standard Plan -No. 212-B Lump Sur.l 21. Atlanta A%�enue @ Greenfield Lane N/E Standard Plan No. 212-B Lump Sum 22. Brookhurst Street, North of Yorktown N/W Avenue, wont side, Rancho Huntington Entrance Standard Plan No. 212-A Lump Sum 23. Brookhurst Street, North of Yorktown 5/W Avenue, west bide, Rancho Huntington Entrance Standard Plan No. 212-A Lump Sum 24. Brookhurst Street @ Constitution Drive N/W Standard Plan No. 212-B Lump Sum 25. Brookhurst Street @ Constitution Drive S/W Standard Plan No. 212-B Lump Sum 26. Florida Street @ Shaffer Circle N/W Standard Plan No. 212-B Lump Sum 27. Florida Street @ Shaffer Circle S/W Standard Plan No. 212-B Lump Sum 28. Warner Avenue @ Magnolia Street N/W Standard Plan No. 212-B Lump Sum 29. Brookhurst Street, South of Adams Avenue, N/W west side, shopping center entrance Standard Plan No. 212-C Lump Sum 3u. Brookhurst Street, South of Aderns Avenue, S/W west side, shopping center entrance Standard Plan No. 212-C Lump Sum 31. Brookhurst Street, South of Adams Avenue, N/W west side, shopping center entrance Standard Plan No. 212-C Lump Sum 32. Brookhurst Street, South of Adams Avenue, S/W west side, shopping center entrance Standard Plan No. 212-C Lump Sum N-c DATE s ' November 25, 1986 Cl) EIIGINEER' S ESTIMATE: 35'. 9 JOB AND CC NUMBER: Ccnst. of sidewalk on Ellie/Graham; CC-582 w �01-t " 0 40 FAWWn� w BIDDERS NAME TOTAL BID AMOUNT Fran & Hamner Concrete '30/ Damon Cons t. Co. r Kovak roust. q► , X., OZ ^aN Si131J AL;D Q3hi3;13$ . ., - �..._� .+d�,..v,•o_r.'�: �� ;r,�:1'�fY�47i 4 ,•L�3 .....�.t��t,1 _. �1 REQUEST ` eOR CITY COUNCIL A4tTION Do% Submitted to: Honorable Mayor and City Council SubrWby: Charles W. Thompsun, City Administrator prgpwW by. Paul E. C'ookj Director of Public WorksV Subject: ACCESS RAMPS AT VARIOU:; LOCATIONS AND SIDE ELLIS AVENUE AND GRAHAM STREET; CC-582 Consistent wM Council Policy? t)9 Yes (1 Now Policy or Exceptimi Statement of issue, Recommendation, Analysis, Funding Source, AtternaMve Actions, Attachments: STATEMENT OF ISSUE: Pursuant to Council authorization, the plans and specifications for the construction of: (1) access ramps at various locations throughcut City, (2) sidewalk un Ellis Avenue oast of Beach Boulevard and (3) sidewalk on Graham Street south of Meadowlark Drive, are complete. RECOMMENDATION: Approve the plans/specifications for these Improvements and authorize staff to solicit construction bids. ANALYSIS: On August 18, 1986, the City Council approved o resolution authorizing the submittal of an application for Senate Bill 821 Funds. The application was approved and the Jesignated portion of revenues were deposited with the City for project construction. Staff, through input solicited from various citizen groups, developed a list of thirty-three (33) locations where handicap access ramps are needed. Coupled with these Improvements Is the essential construction of sidewalk on Ellis Avenue east of Beach Boulevard and Grahnrn Street south of Meadowlark Drive. The plans/specifications for these Improvements are complete and therefore, the Director of Public Works requests an authorisation to solicit bids for construction. The Development Services Department, after evaluating the environmenta! Impacts of these access ramps and sidowalk construction projects has determined that the Irnprovemento ern "Categorically Exempt." FUNDING SC RCE: Revenues have been budgeted In fiscal account 893640 (Sidewalk Access Ramps). ALTERNATIVE ACTION: Den} appmval of plans/specifications .end authorization to solicit construction bids. ATTACHMENTS: 1. Project Location Maps 2. Erovir unmental Exemption CW T:PI: C:DRNrdw P10 SM r dq�A ON P bXMCE OF EXEIKMON TCk Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Cowty Check CoWty of _ Yorange YiL���Y♦. ass Ramos & Sidewalks t • FROM: (Public Agency) City of H:B. Guth of Beach Blvd. and Graham St. south of Meadawl ark Drive t on— pecs sc ation—city Oran Curb sidewalk removal concrete raml2s, side al!;pnstr Iption of Nature, Purpose, and Beneficiaries of Project existing R/W Cl ty Counci I Name o'PublicAgency Approving Project Name of Firson or Agency Carrying Out Project Exempt tatus: Check 0-i- Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (See.. 13071 (b) and (c)) X Categorical Exemption. State type and section number, 5.15301 (c) Existing Facil ins vWy project is exempt: Pam Posten tact Person 714 e xtensic n 11 Filed by applicants 1. Attach certified document of exemption finding. 2. Has a notice of exemption been flied by the public agency approving the project? Yes _ — No, Date Received for Filing Signatu a Assistant planner Title Revise: i January 1985 T44 1 r as z z I 'j sl w IT LOGATdO MAP CONSTRUCTioN OF_SIOEWALK ON. ELL ISM AVE.-,lk ON GRAHAM ST. CONSTRUCTI CAN OF ACCESS RAMS AT VARIOUS 1 LOCATIONS. • ' 'TiON NUMBERS. o L EDINGER IOLSA m iNDIANAPOLIS • : ME1L XLLIS GA RFIELD s a "". ADAW a Aga Ir�w��ru I Iwnool. J INDIANAPOLISr�2p� �. . ATLANTA • 1rj.t *smK A1 , TOWN IRS" II,S11AiiAPpUi IMCS nwrrnr, BIDS CC--582 Noace eea�-h at the given that meal ll by : . bids wibe ieceiv+■d the' City of , stiGingtcn the affixe of the City Cl*xk at City Hall., 2000 Pkin Strwt, m itisqt on Heath, C:alifazaia, until the hour, cf 10:00-a.m. on, Nm r.:25, 1986,. at whit time they will be gpmW publicly wA m- rl alaxl in the Cou=; l Chadvxs for the ocmtsuction of. moons rat and sidewalk at various lomitions in the City of Huntirx3tan Beach. A set of plans, specifications, and other contract documents may be d7tained on riavm Iber 18, 3986 at the t: of Public Wbtks, 2000 MaLn Street, Huntington beach, California, upon reoaipt of a non-refundable fee of $20.00. FAch bid shall be - made on the PrCpasal Form &-A in tIm manner provided in the oontract dacunents, and aball be a :aVanied by a certified or eashiei' 9 ".check. or a bid bond' for not lass than lOs of the ammt of the bid, made • pa'y*le to. the City of Huntington Beach. The Coutract.or shall, in the perficrim 'of the %m=k and improments, cmnfocm to the I.ib = Code.of the State of Celifmiia' and other laws of the State of California applicable thamto, with the , exoeptian only of' such variations that may be mquired under the special statutes pumant to which pmowdiMs hereunder are taken and which have not been supetaeWWd by the provisions of the Labor Code. Preference to lobar shall .be given only in the manner provided by law. No bid shall be considered unless it is made ai a form furbished by the City of Huntington Beach and is made in accordance r dance with the provisions of the proposal requize rots. Each bidder must be Licensed and also prequaliified as required by law. The City Council of the City of Huntington Mach reserves the right to reject any or all bids. By order of the City Council of the City of Huntirx3tan Beach, California the 20th day of October, 1986. Alicia Wentworth, City Clerk of the City of Huntington Beach. 2000 Main Street (714) 53b-5431 I i1 fi i r i i Loft JeAn q �/� 1 r � i -•.F:Jra...h,..'.r�',t�t7+.,r... i�',��i.... :os. r.�..o...• .+..........,.,..� .. i El �.e�ti,...a....�»__. .. ....... ._..r..�.«.....;e.e,�-e •+vaf.Y Dtt•,!-...�,.M�'i �ef '1I\ Ay1f�Uh:00 10 PI:C1�111 .1a+k�7t:�.^,p•ftlt! �1 �i' R+r'1+S +'L iir�Q QU�/i1C nctK41 Cy UcG'rc 44 thfl 5uC5r+or Court G' 0: angs Sount), C111101noa, ►+umoer 4.6214 o'4+e0 s4 Su;:rb'rGer. IStEt, Ina jL•, 4g31. Cates! 11 sunt, 1063 STATE OF CALIFORNIA County of Orange i+o.a Ne.c.4I.H»� cw«w 131, Pes art"We it f1 M ) pow &am 10 t ce�/►M ++IN I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen ;car$. and not a party to or interested in the below enialwi matter. I am a p-incipal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and publisne:d in the City of Costa Mesa. County of Orange. State of California. and that a NoIlCe Of . Public Notice Invitincl Hids 3 ? CC--582 t r o' which copy attached hereto is a tru-e and complete copy, was printed and published in the Costa Mesa, Newport Se3ch, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said nev spaper for =arA tvX:vot>wt!ss to wit the lssue{si of November Zd 198 E November is . 196 6 November 23 198� I t96 I declare. under penalty of perjury, that the foregoing is true and correct. F_Yt'%cuted on _�ICYnr�hn r r►'�__ , �3C F._ at Costa Mesa, California. � Sigr�alur�l i z 16 !T'7 :' f. PROOF OF PUr3'LtCATIO a ,,s,-. DATE: Mvwber 25, 1986 ENGINEER'S ESTIMATE: JOB AND CC NUMBER-. C vist. of aide talk cn Ellis/Gra}umn; CC-582 BIDDERS NAME TOTAL BID AMOUNT Ann & Hamner Cbncrete �✓ ��j �� �. - .., C L�rrUr. t..�...► �_ lb. Q y � �. xova�c c]onst. e SHEET.OF--SHEETS e CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR:-Co-isiRumom ma Qo:jCtLf►7� DEPARTMENT OFPUBLICWORKS L•X.wv `-• BIAS OPENED ENGINEERS ESTIMATE CC No A � N f p No 1 W6%lr Gnm MAC" - 1 BIDDERS �.,-�,n��• v�• ���� • (�� ��• Boa• Iwo ITEIAS OF,WORK QUANTITY UNIT PRICE A14OUNT Pricz AYAIihT PRICE AMOUNT "RICE AMOUNT aNir&'Mjr-T C.o.Ne4c7E /w r r,445 1 C4C"5.v2eAVCr C'al*te. .ew E s .idL �� S.� � • �.V� •Q •O } �• s <<.• .�_ dcwjs7 L"z.r 40"ce.darAc T �600 �•� 2 S° S 75'0,�. yov p �- s.'Ir �#� •��5' m �� Fio l.�c,o T•,c��a. t • i 12 w .icv +�c, LtfK G �� � d �' G' ��, c" < <10ii''u or OL `T, dL POIA-G -J*7- Stro . u a CaQ.�tt►.. t� G .eo AF '7�iD'` �,�•`,ec Z.. 1 6-�: ,. o �• ELMS /FYt. 0- "001AN i4J ArLi;.S Avg t2 Ds tit tO+V 1. � _ Lamp �F � it.tas- 1vE M CHwpAi. aa'- Q tab 1W4 dC?. AF440 ► I e & - V;�u*A7* W . CLi��r ky3 a VL16L412TId i.N . tI. "p a #jArjWI _ a - AW-14 •wa a. Nr�u�►� WAT. eAfspins AQW.0vs �,v JAG �� wuY A#J. I..�._-I1.I N �A� IU« SvowG�4'o �� '•�co° i �,, Z-•�'" t iCaO.'s r, 40"i LuN w.. •• rp�L!►+., CeZ� �a I �,,• IN�D/IOIiIrC/Oi.►> AuT L� ,� Ujd.A� *r� �s. I�. m �„i �wN RV wa � Z?• o,� CCU ..-d- ,1 ITO.TALS,, - SHEET..,_Of_.._SNEETS = CITY OF HUNTINGTON S€ACH,CALIF. B#n S"NtMaRY QUECl" FAR: /s DE PARTMEN T Of 1°UBLIC WORKS =- SIBS OPENED 19_._._ ENGINEERS ESTIMATE CCI� AKFP No ".1411%C111% MIX" BIDDERS Rw ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRIG! AMOUNT iv�1•lwI�YOLtb 4V� �. 1i.FNt�1+�►..,� �•T " •• of �oL3..o �ii � l� •1t+ �i,i0�•aas:w ,nL•i :✓ir R 04Tumnrj- AVI¢ +P 5►L1+A Lsl. CT+E44T a.Rli 7.YL tV COR•vG� At �O`r�;� Liutz Jf'1Z.ir7► A v2! C 4 A3Tlw- L6L [7'J/Lr G. "r. op .� 30. A s o�1fis sswra� N A. �. row Sz3"' .- Ari'A aer• A V& e. 44LERar,a l-o 4-4 . a+src�c+rvK*Ir ST# Tejo ysamr.a•+wi -0v4 � R 1,Itt4,T ''y�. M'e `'�o�.�6Ttiw►N AYC ICi�t 4-.1 ve % . {oo � lt�fa�c�,l�rz4►�' !T d Qsr.�f 1/T7v f:o�� DC., ,,, ��."w 6�i++;°'D � 1 8U� � iTO. t� �w 4 M ''t' LZ t tiA w •. fNisP�t C.r1L.:. pbois►Al► ST. !�ld tr<tI�►rs .. j•ri m lomcgsaoui. w �� D.`x -� ct-•� �° t l ea "Lei biiiDlttw!!A stir. t` �i'I'A• avvtv �b wit 1' jd�,u 1Ill. l.a Car+ .r, 4�� �d. aaoWutcVt. r �e•4� �vr I w 11oS S �i ' •' me poo ftu ! . R'Qaaic' tr7 S't. s j• AID&" S ia» , v.� 5 tf*e+ amo %9&wat4. il..ay' n.. Vvc> IQ.C. i�t/rI � '4 ¢� vs ' ZRr..C>Dlt rtt�AtiT v dtp"L'p►ny xvi WI `"PC •S 4W 4ftbs. TOTaLS 18 go--'' ��, 5�"' 3o tLtf. ", ,�,�,• ,� I DATE: Irk'+%imber 25, 1986 ENGINEER'S ESTIMATE: JOB JWD CC NUMBER: Coot. of sidewalk cn Ellis/Graham; X-582 BIDDERS NAME TOTAL SID'AMOUNT Am & FIwmer tbncrete •3 0 Damon Cons t . Qb . !0�. Kovak Cans t . ) Shoot of i DEPARTMENT .CP PUBLIC WORKS LIST OF BIDDERS THAT HAVE TAKEN PLANS AND SPECrFICATIONS YOU �.._ JOB CC UO._582 00B DZSCRIPT10N:' Construction of sidewalk on Ellis, on Graham. construction of access ramp_ at vailous locations BIDS TO SE •OPEN_4DygMbgr 22 , 19__, 8 6 . PLAN MOO I NAME AND ADDRESS Acct. 893-640 $20.00 TELEPHONE NO,. MEiPT 110. %./ W S 1 1t I cc S OTHER_gb t?. L #94*4j 0 S PROJECT: =r 6. ip ,t1Ft.IGr t.J J LOCATION: 1c5 (i.e. AHFP, F.A.U. etc.) BIDDING INFORKhTIOW: x COST OF SPECS *<5. (non-refandablE ACCOUNT 1. OUT TO DID: 041041. /a i /4 k�s 2. BID OPENING: / 100. 'LgI /I k& 4 fe A M 3. LOW BID TO COUNC11:29C. ir to ARCHITECT: Np.. ~• ,ter--'r-----�. ADDRESS: REP.: PHONE # : PUBLIC WORKS PROJECT COORDINATOR: 15JLL 60" A e- L,, ESTIMATED ' COST OF PROJECT: � � � 2-yd:> oG ;M ,�•� •t , . i � s f,x,�. Pit• r- ,, � �.. ,� � � ,�� ,, Oak Iry CONTRALT CODE PUBLIC CONTRACT CODE 15107 �Yr J,- tti0U !kider!WVs+oof `of • wisMke• ;r The bidder shall establish to the satisfaction of the court that: (a) A mistake was made. (b) He or she gave the public entity ws•itten notice within five days after 1;- opening of the bids of the mistake, sped »;� in the ratice 1n etal ow the .+...r.�s«wr.r.+ ... . r •a.rr mistake occurre • (c) The mistake made the bid materially different than he or she intended it to be. i (d) The mistake was made in filling out the bid and not rlue to error in judgment or to carelessness in inspecting thr site of the wog x, or in reading the plans or specifications. Amended Stars 1982 ch 435 § I ^`'' •?11 Prior Law: Fortner Gov C J 4203, as added by Stars 1971 eh • 7-34 g :. § 5104• Notice; Absence of claim requirement ` of Cali . .:_ac%% Other than the notice to the public entity, no claim is required to be filed ••'': t•, and d �• before bring:ng the action. Amendrd Stints 19?2 ch 435 12. !, '.; in rnpctlti ve Prior Law: Former Gov C 41604, as added by Stars 1971 eh 15S4 ; 2. •�•:C'ncnt o, 2-Y § 5105. Prohibited participation in further bidding A bidder who claims a mistake or who forfeits his ci her bid security shall be prohibited from participating in further biddinf on the proiec: on NA-hich the mistake was claimed or security forfeited. Added Suts 1982 ch 435 l; Prior Law- Former Gov C J 4205, as added by Stats 1971 ch 194 12. I`ji :v consent of the § 5106. Award of contract to next lowest bidder her bin oecaust If the public entity deems it is for its best interest, it may; on refusal or •:�ii: entity in a failure of the szccessful bidder to execute the contract, award it to the _ 'Inds .vz:.G opened second lowest bidder._ a; c��..ts• If the second lewest bidder fails or refuses to execute the c:mtract, the lit, -- the complaint, in public entity may likewise gward it to the third lowest bidder. '� :d dollars (S5 JO), On the failure or refusal of the second or third lowest bidder to whom a 4 � he or she shall contract is so awarded to execute it, his or her bidder's security shall be IN. J IM0, a reasonable likewise forfeited, W Added Stars IY32 ch 435 12. ;�~k ':- Prior Law: Forma Gov C I a205. as added by Stats 1971 ch 1564 § 5107. Preference in setting action for hearing In all actions brought under the provisions of this chapter, all courts d;r_c;^r of the wherein such actions are or may hereafter be pending, shall give such .lie putilti. ea.i:', sctions preference over all other civil actions therein, in the matter of setting matte, within 90 the same for hearing or trial, and in hearing the same, to the end that all ' be dismissed. such actions shall be quickly heard and determined. Added scats 1012 ch 435 12, ' Prior Law: Former Got C 14207. as adde3 by Stats 1971 ch IS S4 12. t i►,,a Caw C4e01 I" Can Cc661 i t : A .hT ' M ;0': t 4 II •r } + r� t * k § 20172 ' ',f•�t PUBLIC CONTRACT CODE § 20172. Forfeiture of security , If the successful bidder fails to execute the comract, the amount of the bidder's security shall be forfeited to the city except as hereinafter provided. Added Seats 1982 .h 465 1 1 I. Prior Law: Former Go% C § 37933• as added by S!als 1949 eh 690 f J. ColtateraJ Retertnca: Cal Jur 3.'. htunicilvtlints 1326. § 201. T)eposit of cash or proceeds The ,:as,. .r proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, esti- mates of cost, and publication of notice are paid. Added Star M2 ch 465 ¢ 11. Prior Law: Former Gov C 137934, s added by State 1949 :h 690 § 3. § 20174. Award of bid to next lowest bidder, Application of lowest bidder's security The city council may, on refusal or failure of trtc successful bidder to --xccute the contract, award it to the: next lowest responsible' bidder. Yf the legislative body awards the contract to the second lowest bidder, the amount of the lowest bidder's security shell be applied by the city to the difference betwe:clt the low bi,i and the second loo.-st bid, and the surplus, if any, shall be resumed to the lowest bidder if cash or a then: is used, or to the surety on the bidder's bond if a bond is used. Added St.sts 1982 ch 465 111. Prix- Lau: Former Gay C § 37935. as added by Stars 1949 ch 69C -� 3. Callttcrul Rtrerea;ts: Cal Jsr 3d Mun:ci-pl.':in 1329. ARTICLE 4.5 [Contracts Awarded by Local Agencies for F_arhgi,ake RelieQ 20185. Application of article 20130. Recital on bonds § '10187. Reference to resolution on bonds § 20188. Rights and liabilities oQolders aud.taket s of bonds § 20185. Application of article The provisions of this article shall apply to contracts awarded by local agencies for earthquake relief subject to Article 5 (commencing W.;1 t Section 54125) of Chapter 5 of Part 1 of Division 2 of"the Guvernmero Codr. Added Stats 1932 eh 465 111, § 2018&. Recital on bonds Any resolution authorizing bonds may provide that the bonds inay rcclt: that it is issued pursuant to this chapter and bonds containing such recital are conclusively deemed valid and issued in conformity with this chapter. Adde.! Stars 1982 ch 465 J 11. 88 1Pw Coat coal ki:.l'r ter +fit � E M. MOWN I NUBLIC § 20187. : Referent - incorpor.- - Added Stets § 20188. Each tag.. coupons: chapter 4. .tided Strs § 20190. § 20191. § 20192. ` i § 2G:90. A The pro . Ml�nicip� : Section W Added Suit § 20191 An, ul$tr oth:r ; L OM .:1!) t,•�'tisr l .,L• ble ins.r... tion," "rc• ti.1r." Adaa! Stars) Pr':. TAM. (o • . s :9:1 �' i § 20192. '.'.. required Wh�ncv.: garrgc of :.. tt%;, ;haus