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Josip Kovac Construction - 1987-01-05
THIS AGREEMENT is made and entered into on this .1.C7ft�i day of _ d,%r 1987, 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." WHEREAS, 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 sidewalk 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 follows: 1. STATEMENT 0 w-ORK; AC EPTANSF. OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its pro- gress or prior to acceptance, from tho action of the elementtt, 1. from any unforseen difficulties which may arise or be encountered in the prosecution of work, and for all. other 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 wiEh 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). 2. ACQEPTANCE OF CQNDITIONOF WQRK: PLANS AN SPECIFICATIONS 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 this 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 force and effect as if the same were set 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. I 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 CITY'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 Ccuncil of CITY, and any revisions, amendments or addenda thereto; D. The 1985 edition of Standard Specifications for Public Works —Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments 3reto, written and promulgated by the Southern California chapter of tl�e American Public Works Association and the Southern California District Associated General Contractors of the Cali- fornia Joint Cooperative Committee; E. Bid documents including '.he Notice Inviting Bids, the Special Instructions to Bidders 7,A 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. • raferred to as "DPW"), without whose 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. •y•*Colo CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreemex:c or the Contract Documents, the sum of twenty- five thousand five 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. ww' t :4- 0-4agEopm.. CONTRACTOR agrees 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. AMENVi �_ • �_ The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as 4. w required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the 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 PROTECT and in accordance with Section a herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decade the time and order in which the various portions of the work shall he 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 work of CONTRACTOR on the premises. 6. S'BANGES ODNTRACTOR 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 nu 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 DPW. When directed to change the work, CONTRACTOR shall submit immediately, to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost 5. 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 parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in comr^encement 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. 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 .t=,nt 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 work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appro- priate repair or replacement at CONTRACTOR'S risk and expanse. � i •1� i i f Y� � �!!} � if. � �• i CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the CsIi- fornia Government Code Sections 32900 et seq. The CITY has ascertained from the Director of Indus- trial Relations of tha State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this 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 sh311 pay not less than said prevaili -age rates to all workeL. toyed on this Public Works Agreemeu,, as required by California jqr Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California LC12orCode, CONTRACTOR agrees to secure payment of compensation to every employee. Pursuant to Section lr of this Agreement and in accord- ance with Section 1774 and 1775 of the California LMbor Code, CON- 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 CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, 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 hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section it12, keep an accurate record, open to inspection at all reason- a,te hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOR LAW -- PENALTY Pursuant to Section 13 of this Agreement and in accord - once with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or per- mitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labg,r Code Section 1815. 8. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. CONTRACTOR agrees to keep accurate payroll records showing the name, address, social, security number, work classi- fication, straight time and overtime hours worked each day and week, and the actual per diem wages p:jid to each journeyman, apprentice or worker employed 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 Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. It is understood and agreed that the CONTRACTOR is, and shall be, acting at ail times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disabilitj insurance com- pensation, unemployment compensation and other payroll deductions 9. t••�.. `�'.�'•.3�-.res+., �5.-,x.-�.IO•�a._.....�1G'�i''"`r_ - •.try -:Vt#�i':_r:e: for CONTRACTOR a•nd its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. It is agreed by the parties hereto thatin 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 set forth in Section 4 herein, damaga willbe 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 ($250) per day for each and every working day's dolay in comp- leting the work in excess of the number of working/calendar days set forth in Section 4 herein, wh4.-' sum represents a reasonable endeavor by the parties hereto Lo estimate a fair compensation for the foreseeable loss.%s 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 f rom 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 without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the publicenemy, fire, 10. �Ml floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors die to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the 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 justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or com- pletion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 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 thaa 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 of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the com- mencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CiTY or delays by other contractors or subcontractors, will be allowed and said extension of time for compl+ation shall be the sole remedy of CONTRACTOR. 11. (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site difforing materially from those indicated in this Agreement or the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of 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 required for performance of any part of the work under this Agreement, whether or not changed as a revAt of such condi- tions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time atenzion No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. The quantities listed in the bid s^hedule will not govern final pa)mtent. Payment to the CONTRACTOP, will be made only for the actual quantities of contract items used in cinstruction of the PROJECT, in accordance with the plans and specifications. 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 to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR 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 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. Each month the DPW will make an estimate in Writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten pErcent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous pay- mentr% since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faith- fully executed fifty percent (50%) or more of the value of the work as deterriineu fzora the bid schedule, and if the DPW Cinds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred porcent (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. amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed 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 -a ice shall not be considered as an acceptance of. any part of the work. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 22 of this Agreement. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DOW 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 material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in con- nection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 14. 25. WAIVER QF__CLA1MfA 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. f I Vey i *, CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, 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 awarded to CITY by a court of com- petent Jurisdiction. Pursuant to California Labor Code Section 1861, CON- TRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liabi- lity for workers' compensation; CONTRACTOR covenants that 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 ($10n.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 subrogation. CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereundfor, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insur- ance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed 16. • operations and all owned vehicles and non-ovrned 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 Dollars ($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 certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and ob.all 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 10 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. If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of 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. ffi6 • • . ►r : i : r : rA4W � limey CONTRACTOR agrees that upon completion of the work to be performed hereunder, or Lyon earlier termination of this Agree- ment, all original plans, specifications, drawings, reportno calculations, maps and other documents pertaining to this Agree- ment shall be delivered to CITY and become its sole property at no further cost. KHMWEOR C21M.-I tel 0XI 4 0 &1/ 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. K .. ' .0 CONTRACTOR shall employ no CITY official nor any 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 GovgrnMent Code Suctions 1090 et seq. 33. ATTCRNE_'S FEES 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 names CITY as a party to said action or by reason of 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 required of CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES All notices required or permitted hereunder shall be 19. i •t;s+ delivered in person or by registered or certified mail to an authorised representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 35. GAET0,1w$ 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 PAGE NOT USED) 20. 36.1V�IRETY The foregoing represents the entire Agreement betwee;,i 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 eZAG� J &IP KOVAC:, Owner ATTEST: City Clerk REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH 6 )4a APPROVED AS TO FORM: 'j_l City'Attorney kj!1. INITIATED AND APPROVED: PaLp ZM C A City Administratof Director of Public Works X -U?7 1874L 21. t BOND NO. 30 26 40 PREMIUM: INCLUDED IN CHARGE FOR LAKW NO MATUtIAL ea'° PERFORMANCE BONA KW)W ALL MM BY THESE PAESQRSt Thatwel JOSIP KOVAC, 9272 Cloudhaven Avenue, Huntington Beach_ Ca: 92646 r: principal, and ox us n a. 2681-2175 survey, ar• nala and r,trmty aouno unTo The GITT Of tIMIFUTUN of Cal Ifornle, In the sum of TWENTY-FIVE THOUSAND,FIVE ar I100 lawful money of th. United States, for the payment of which sum, wel I and truly to be atmde, we bind ourse 1 vas, jointly and several I y, f Irm I y by these presents. The conoltlon of the foregoing obligation Is such that whereas sold princlpol has been awarded and Is about to enter Into the annexed contract wlth the City of Huntington Beach, County of Orange, State of California, and is required by sell rlty toylve this bond In connection with the execution of said contrectj NOW, THEP.E FORE, If the sold principal as contractor In sold contract, or subcontractor, falls to pay for any materials, provlslona,provender or for or about the performance of the work contracted to be doneor for my Mork or s labdone th#re&*, of any kind, or for amounts due under the Unemployment Insurance Act w Ith respect to such work or I abor, so f d surety wl I I pay the some 1 n on amount not exceeding the sum set forth above, and also In case suit Is brought upon this bond a reasonable attorney's fee to be f I xed by the court. Th I s bond Is executed punuent to the provisions of Ch&pter 3 of Division S, Title 1, Governmeht Code of the State of California, ano shal I Inure to the benefit of any and al I persons entltlod to ills claims utsder Article 2 of Chaptw• 2, of Title 4, or Part 3 of the Code of Ci v i I Procedure of California w now or hersafter omended. No premature payment by sold County to sold principal shall exonerate any surety unless the City Council of sold City shall We r.:tual notice that such payment Is premature at the time It Is ordered by uld City CouneI I, and then on I to the extent that such payment she I result In loss to such surety, but In no event more than the amount of such premature payment, WITLESS our hands this 2rid STATE OF CALI POiRAI A, ) ss, County of Rmmx LOS ANGELES City of Huntington Beech day of February „_ 19 $��,,,_, US i P KOVA[_: BY: � Principal INSURANCE COMPANY OF THE -WEST Barbara Patton Surety Attorney in Fact On this 2nd _ day of Februar up 8.,7..._.�.� Wore me � a "Tory Public is n ens! for sold Cuntr and State, persona 1 1 y OpPeared Aa rka ra • ea t tnn known to be to be the pirim who awecuted the within Instrument cn beha 1 f of the corporation t ! *In named and acknow- ledged to me that such corporation executed the same. .-c va -. - • •-.,n.H.,as ..w �'►� ('iiiyliL S�AI l'.7.r1 M. JAYNE le Coro Ito 91 Q=----.sir+ 14 W, 22. 135 A??MM 13 TO 70VXr 011L HUTTON, ftt')% Attorney i3q; Deputy City At 1,NS1jrANCE COMPANY OFIIiE WJ�ST F40r-AE OFFICE: SAN DIEGO, CALIFORNIA Certified Cojry of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the insurance Company of the West, a Corporation duly authorized and exis0he under the taws of the State of California and having its prinElpal office in The City of San Diego, California, does hereby nominates constitute and appoint: ALL•EN JAYNr LINDA JAYNE _ BARBARA PA7'1'ON Its true and lawful Attorney(s)dn-s'•act. with •full F:ower and authority hereby conferred in its name, place and stead, to execute, seal, ocknovdedge and deliver any and all bonds, undertakings, recogni: antes or other written obtisations in the nature thereof. This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Rexolutioci adopted by the boatd of Directors of the insurance Company of the %Vest at'a meeting duly called and held on the Sixth day of February, 1973. winch said Resolution has not t-ren amended or rescinded and of which tht; fotlow%rng is a trut, full, and complete copy. - "RESOLVED: That the President or Secretary rney from Urne to time appoint Allorneys-in•Fact to represent and act for and on behalf of the Company, and either the Presidcn! or Secretary, the Rcard of Directors or Exr-utive Cort+miltee may at any bins remove such Allwneys•in•F'act and resoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Atlorney•In•fact may he given full power to execute for and in the narnt of and on behalf of the Company any and all bonds and undertakings as the business of the Comrary may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shad be as binding upon the Company as if signed by the President and sealed end attested by the Secretary." IN WITNESS % IIERF.OF. Insurance Company of the West has caused its official scat to be hereunto affixed and these presents 10 be signed by its duly a%ith;rired officers this 117'If DAY OF NOVEIAMER 19RS.. W�►rsrr'i It.,SURANCE COr•91'Afn F T14E WEST air �r � wfi •' .. C.y- � .... - .. _ _ ...... �. -. _.__-... _ ....__... _ _ ,. President _ STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 11TH DAY OF iJ0VFJ1HER ItstYcse the subscriber, a No'ary Public of the State of California, in and for the County of San Diego. duty commissioned and qualified, rarne E'iVJE:ST PAADY .President of INSURANCE COMPANY OF T14E WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow• ledged the execution of the same. and being by me duly sworn. deposeth and said:. that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding =-sstrurrent is the Corporate Seal of the did Corporation, and that the said Corporate Seal and his signature as such officer were duly ttfii<ed and !ubticri5ed 10 the said instrument by the authority and direction of the said Cotpo, alion. IN WITNESS WHEREOF. I have hereunto set my hand and alfixt•d my Official Seat. at the City of San Diego, the day and )car first above written. r r . r r . • . • • • • r • . • • • • • NORM.A PORTER k tL•�.+0 r�I+Ssndw�Cnxyp ,- tIJ Cbr. •r X [1P Itrr E. ISilt if.r: •fr i•rti�xr� .♦rrrlr.r•Ra �•i i r�.i•�rrS•� .•11 STAI E OF CALIFOR141A SS: -COON TY OF SAN DIEGO No:ary Public t, the Uli.�'�.s'�lQ. i1� i•L� S. lr'1y, tt')• di . C Jh^e CO'.."}' v •••C ..!S .. � C'.� � :e:l�.)' r !� tl.t Ot�9�f.:. �'►�':.�.I� OF AI i•. a full. true and r. ra copy, r; •r 1;1; tu�ct ar,: et!t;: hts no: :tnr:rtatC. IN V.,j I f.: I'._ %'i11r..RF CF, i has: h re::^'O Z, r--'.• rime as S!;.t:ary. ane t!f r t-• '• • CCtaG'a'e !Lit of ht Cr-.: '1t :.n• this ?.nd e.-y of FC-bruary, 1987 V t• a/ao,tgj� Sr at ICW CAL 37 (REY► 3r'112)--_— FA 1 TH RX PERFORMANCE M KMOM ALL MEN BY THESE PKSENTSs BOND NO. 30 76 40 PREMIUM: $184.00 That we, JOSIP KOVAC, 9272 Cloudhaven Avenue, Huntington Beach, Ca. 92646 SS principal, and TBUBA E .(�;jP, j�,QF B�,}�, i--F„�►,t�o , 2Q39 TTusti ,Cap_ 92681-2175 surety, era held and firmly bound unto the CITY OF HUNTINGTON IIEAOI, ORANGE COUNTY, In the sue of TWENTY-FIVE THOUSAND, FIVE HUNDRED EIGHTY and NO 100 oo 1 1 ors If 259580.0 , lawful way of the United States, for the payment of which sum, wel 1 ana tru I to be ends, we bind ourss 1 ves, Joint I and severe 1 I y, firmly by these presents. The condition of the foregoing obligation Is such that whereas sold principal has been awarded and Is about to enter Into the annexed contract with Tina City of Huntington Beach, County of Orange, Stwte of California, and Is required by said City to give this band In connection with the exocutlon of sold contract; NOW, THERE10RE, If the sold principal shal 1 sal 1 and truly do and perform el I cf the covenants and obligations as said contract on specified therein, than this obligation shell be null and void, otherwise It shell ae and remain In full force and effect. No premature payment by sold City to said principal shill Ixonsrote any surety unless the i City Councl.l of said City shall hove actual notice that such payment Is premature at the time it Is ordered by said City Council, and than only to the extent that such payment she 1 1 re;u 1 t In loss to such surety, but in no event more then the amount of such premature payment. WITNESS our hands this 2nd day of February w� ig 87 t JOSIP KOVAC BY: Principal INSURANCE C ANY OF THE WEST- BY:A'4'Aca Barba Patton surety STATE OF CALIFORNIA, ? as. Attorney in Fact county of o#hW LOS ANGELES City of Huntington Beach On this 2nd day of _ February i9 87 r before me LINDA M. , a Notary Public In and for sold County and stet«, personal I y appeared , BARBARA PAT_ TON kwmn to be to be the person who executed the within Instruiaent on behelf of the corporation therein named and acknow- ledged to w that such corporation executed the same. ; i _. APPROVED W5 TO FORUv �. 0�17 CAIL ITUTTON.. CityAttorney 2 T.J . Poputy City Attemey .::J INSUANCE COMPANY OFTVIE \V 'F HOME OHICE: SAN DIEGO. f.AUFORNIA Certified Copy d POWER OF ATTORNEY KNOW ALL MEN BY TIIESE PRESENTS: That the insurance Company of the SNest, a Corporation duly authorized and existint under the lam of the State of California and having its princlpal office in the City of San Curio, California, does hereby nominate, constitute and appoint: AL%SN X-064 LINDA JAYNE _ BARBARA PA7TOR its true and lawful Attornry(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal. acknowledge and deliver any and all bonds, undertakings, re:ognizances or other written obligations in the nature t%errof. This Pa%ver of Attorney Is granted and is signed and stated by facsimtte under and by We authority of the following Resolution adopted by the 13card of Directors of the insurance Company of the %'lest at'a w4c!ing duty called and held on the Sixth day of February. 1973. vvMch .aid Resolution has not been amended or rescinded and of which the toitowing is : true, full, and con ptcte copy: "RESOLVED. That the President or Secretary may from time to time appoint Attorneys•in-Fact to rrtpresent and art for and an L-elalf of the Company, and either the President or SF-crelary. the Bn3rd of Directors or Ekocutive Committee may at any time (Emove such Ailorneys•in-i ar.t and revoke the Pourer of Attorney gl-'en trim or her; and be it further "RESOLVED: That the Attorney-in•fact may be given full power to execute for and in the name of and on blthalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Aft orneyin•Fact shaft be as binding upon the Company as if signer' by the presider.; and !ealed and attested by the Secretary." IN WITNESS WHEREOF. ir•surance Company of the % rst has caused its official scat to be hereunto affixed and these presents to be signed by its duly auMnri: ed officers this 1 1 TH DAY OF 1701.1EtdBER 1985.. �- Ir;SURANCc •:01.!PAI1Y f THE WEST A t+ M�i d-• �G-% r s• c der>d STATE OF CALIFORNIA SS: COUNTY OF SAN DIFG0 On this 1111"0 DAY OF NOVF.M.PER 1AM1e the subscriber. a Notary Public of the Stale of California. in and for the County of San Diego, duly commhsioned and qualified, came ERNEST RADY . Prr.;ident of INSURANCE COMPANY OF THE WEST, to me personally known 10 be the individual and officer descrihed in and "o executed the preceding instrument. and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and with, that he Is the said officer of the Corporation aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation. and that the said Corporate Seat and his signature as such officer %titre duly atti.ed and sub%cribed to the said instrument by the authority end direction of the %aid Corporation. IN WITNESS WHEREOF. f have hereunto set my hand and affixed my Official Seal. at the City of San Diego. the day aid )-tar tit si above written. ti��.1•.•.•.•i a°ri'r ��.�a i�.ri ►ias i�ati i�."r�•'.Y "� r�Q�iln,,A r OM ER _ t' f'` - r say DK v r-%Lw r ti D'0.a ry Public -a `S ;L Hl�,;: ;:�► fit Ira 1. 1Slt lit: f+'rara►ar•••.•♦tern • •-, ea , raA STATE OF CALIMO ,NIA S- -COUf4rY G- Sr.N Di!r:O tf • V. a.., •� _ 4`• - ram r1 .• , SI,:L Ci% .t�i�� 2: t) t ! 4'•i LI• ..K Ot 41T07,' full. 1 .-.IrPC'. Coat', . :r 2'�r.LSnD: IN WITN,:'S ',:.1?. i '.1 i•' 'C S _ r]+ 2n _., 3'}', a"C a'f t'.t CCr:.'2:t E:!I of the Cc this r2nd e.y o1 ' r• •jtrC / i �a8> 1%tSc� el ICW CAL 37 (REV, 51112) .u. RETUA TO: CERTIFICATE OF INSURANCE APPROVED AS TO FORM Clty of Dlrsefdln/o nn Boom TO h+Nwerree i N.rtaflss OiYI•lere P. 0.9" Its CITY OF HUNTINGTON BEACH, CALIFORNIA C" AeNrreey ,.� %y 407 71loothip �,*A MUNICIPAL CORPORATION This is to certify ttwt the poildes at Irmrwm as daeofibed below hew bom issued to tfw inwred by the underAgrod chid am In force at this time. If these policies we cerraNMd or 0millod In writ 0 lnenner that will affect this artifioft, the Ineuraewa eomp"y agrees to elve 30 days prior writlen notice, by mail, to City of Huntington tomb, ieawsnce and 1110"fits Divisbn. P. 0.11lox 190, Huntkglat Do•alt, Ctllif "14 . Nun of Insured JGS!P KOVAC z A*k*wofit►eured 5272 Clol av n A gDul;. Huntington Beach,,C_a. 92646 4 Looathm of Work or Operni+slte to be t SIDEWALK 'ONSTRIJL`TION ON EI.LIS AND GRAHAM, AND ACCESS E b"Wiloko -at Wok or Op"tw" MMP5 AT VARIOUS ,LQUI ONS POLICY DATtS LIMITS OF LIABI%.ITY of lfterm a• Cs►. i POLICIES IN FARCE POLICY NO. in Thou•rrds low) Sdf Inwr•d Ramodion w EHWtiw Exr,r•tion GENERAL LIABILITY (Xi COMM"ll"ENSIVE FORM 1XI PREWRES— OPERATIONS Z-I-%OOLQQQ--- CaL JXI EXPLC=ON AND Ewh COLLAPSE HAZARD (X1 UNDERGROUND HAZARD CLASSIFIED INSUI 1XI PRODUCTSCOMPLETED BP 500865 1/15/87 /15/88 CORP. OPERATIONS HAZARD $250 P.D. -Ded. (XI CONTRACTUAL INSURANCE JX) BROAD FnRM PRC)PERTY DAMAGE (XI INDEPENDENT CONTRACTORS 1XI PROPEMONAL LIABILITY/ ERRORS A OMISSIONS AUTOMOBILE LIABILITY (I COMPREHENSIVE FORM CBP 500865 1/15/87 /15/88 S 1 OQ08O00 CSL CLASSIFIED INSUI 4x1 OWNED CORP. Eck HIRED ttooh O $250 P.D. Dec. IX k NON -OWNED EXCESS LIABILITY 11 UMBRELLA FORM $ i I OTHER INSURANCE COVERAGE WORKERS! COWENSATION WN87118832- AND 05 1/15/87 1/15/88 Statutory FREMONT INDEMNII yMvw of smionMiatlen from COMPANY Wivolm' Gontpan•etlon Insurer. A"M � In.urod Endarsonrnt: The Imurer screw to orovide an endorsamant to each aolicv shown above as follows (exclodin4 wo*er's camp.) The insurer carets that the City of Huntington Beach and its City Council, andior all City Council appointed ymps, nommittees, cornmis*ms, boards and any other City Council appointed body. and/or elective and appointive off jeers, servants or empioyeos of tlu City of Huntington Bosch, when acting as such ate additional insureds herevinder. Swch insurance is primary w...i not excess or contributins to any other insurance of the_City of Huntington Beach. This eartlReet• Is bVAW us matter of Htfornnat;an. Thls a•rtificota is not an insurance polky and does not errrend, extend or o1w.. the oosw*Iie affm*W by the policies Hosed herein. Netwithmndan ine y rar,uirern I . t•rrn or aaadltion of MY MMM" Of ether dotrrr "t vdth nnspeet to wl•I thin oortif;aasa of h'w' was racy be Nomad or rnov pertain, the lawrrnso affowdod by the polieies deaorlbd herein bombOd to all the tel ts. exchok-Am and eonditiown of BALLW JAYME INSURANCE,_INC. fi2j 1► � Classified Insurance Corp. "tllie% T IQ& A00,018S.Ca ier�].�r� .._...w. i In•warras t�nrrnearny Brea, Ca. ...� �� � 2/20/@7 Los A Iftm of "aye1 �„ 2090_�.. A wi.- We 1407111 Aathmixod •yna are nay b• the wets it opnt ho placed IrNuronee Twol ar-0 w4w4 sr through an aeenry aer mont with the Inwror. If insurance b brokorod, onhorlted siyrc•stws must be that of an OfNclel of the insurenor company. NO REVRRSiE $101 POO HOLD HARMLESS AGREEMENT 1ANC u1NCE 'Y The City of Huntington Beach requires by ordinance that a Cartifkate of Insurance be on file with us for the issu ms of a permit our license; and that it be kept current for im long as that permit or license Is in force. The certificate you now have on Nle with the City will expire on the date shown on bottom of mailing label. P%m have your agent submit an updated Ceniika% of Insuranm, on this forms prior to this expiration date. Failure to comply may resuh In the cancellation of your permit or license and the closing down of your operation or event. This is the only notice of ca kwiletion you will receive from the City of Huntington Beech. THE CITY OF HUNTINGTON REACH MUST BE AN ADDITIONAL�li INSURED. All Cortificetas of Insurance dwuld be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. O. Box 190, Hunting - tan Beach, California 9M8. if you have any questions, please call this office at 539-699D. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contactor, a Soh Proprietor/General Pa*trharship/California Limited Paitnership/California Corporation/ Guitar (you must circle the appropriate choice or fill In the blank) hweby agrees to defend, indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter coNoctive1j�vferred to as City) from any and all [on, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the vkm*, projact, 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 or wrongful m6moduct of the City. This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (Indamoltod and the City (indemniten). The legal defense required by this Wasnhent shall be provided upon retmost by the City and r the sole expense of the Insured Contractor. Any costs of defense or attorneys' fees imn rred by City in enforcing this agreament shall be reimbursed to City or may be awarded to C11 by a court of competent jurisdiction. SIGNED: By: Tlt4: + ' �..., .,"..& .,. By: Title: If a Corporation, TWO OFFIC must sign: or, in the alternative, prosent satisfactory evidence of your authority to bind your Corporation. PIO 6/86 aCITY OF HUNTINGTON BEACH Insurencm & Sen efits Division P. O. Box 190 ANmHuntington Beach, CA 926r19 RETURN TO: CERTIFICATE OF INSURANCE APPROVED AS TO FORM • C1ty of Hnndrgton 13sadt TO Inswence h Berwfits DiviAm 0 P. O. Sea 199 C Y OF HUNTINGTON BEACH, CALIFORNIA ChY Artotner Huntino" 111 oh, CA SUN - A MUNICIPAL CORPORATION This h to aartllj► that thy patkies W Ifawastoe ae depx(bed bok+w have bees issued do tlta iinstlrad S; the utxiersilrrad and are iA fora>r at Ibb dow. if Owat policies are earWAW or tdtanped In sue% a inane► that will affoct fish aartitkste, the Inuran" company aprm- IQSiva 30 days prior wiittan notice, by nulls+ to City of Huntington Be", Insurance and Benefits Division, P. O. Boer 190, Hantk4pars Bank 4tiNfornle 82"& Name ¢! htaured JOS IPKOVAC AddressoflnsurW 2272 C19udh6ven Avenue. Huntington Beach, Ca. 92646, , L,sxtk,;,oj'rkci, SIDEWALK CONSTRUCTION ON ELLIS AND GRAHAM, AND ACCESS Operations to be performed Dstciipdon'd (Mork or aperatio s RA14pC LOCAII ONS., POLICIIES IN FORCE POLICY NO. EH+rtire - E><piratbw in Thauwndr lowSW mewed Ref #,�%m ar GENERAL LIABILITY XX COMPREHENSIVE FORM X)Q PREMlUS — OPERATIONS' 1 •000.OD0 ,ILL )jXI EXPLOSION AND EN* Oftu COLLAPSE HAZARD X1 UNDERGROUND HAZARD XXi PRODUCTS COMPLETED BP 500865 1/15/87 /15/88 flASSIFIED INSURANCE OPERATIONS HAZARD CORP • }i)(� CONTRACTUAL INSURANCE $250 P. D. -.Ded. �d.KI BROAD FORM PROPERTY DAMAGE ?!Xl INDEPENDENT CONTRACTORS JiXI PROFESSIONAL LIABILITY/ ERRORS A OMISSIONS AUTOMOBILE LIABILITY I I COMPREHENSIVE FORM *I O"WID CBP 500865 1/15/87 /15/88 S 11000"3000 CSL CLASSIFIED INSURANCE Each Ocewrena CORP. Eck HIRED $250 P.D. Dec. Eck Nonomw EXCESS LIABILITY I L l UMBRELLA FORM = I I OTHER IA'�IfRANCE I f 1 i I �. COVERAGR WORKERS' COMPIENSATION WN87118832- AND 05 1/15/87 1/15/88 Statutory FREMONT INDEMNITY " Won of 9*r9p0lon from COMPANY there' Comp+rretiea i Inswer. Addk;ond Insured Endorrament: The insurer agroes to provide an endorioment to each polite shown above as follows (excluding worker's comp.) The insurer ograes that the City or Huntington Meech and its City Council, anditw all City Council appoi;ttod grow e` j committees, commissions. boards and any other City Council appointed body, and/or aMctive and appointive offloers. sen3ntti CS empleyon of the City of Hualington Boack when aerting as weh eta additional insureds hareundhi. Such insurance is primary ernd not excess or eontribulitty to any other insurame of the Ci,ry of Hunti2gon Beach. Tt,L emsWW a is hawed as a mstter of interwethm. TWs atrtfftoote is nut as Wawo*oe pew aced Ave not amend. extatd or otter the eoversp affaedad by 00 peidw 111" Aereia. Elstnitlnlar i any regwkwoerts. too r oeadi lea of awy oen4set or ether doaw omd frith retpeet tit wlrleit �hAt w�1 f liaa7e at 4dwwm nwy ro hwed w way pertain, the Imr+.snee atloriwi by the # sNeW dewrkvd I weia be -lime to oll the terns, exelttokwo end eanritxsne of °e*6041vu '•T Classified Insurance Corp. } ALLLI JAYNE INSURANCEt INC.2 Ermont jadmitZ ar seeareneo cut f"u"y rea y Cil , ... fiffi Malta MOO, Suite 512 � s : , 2/20/87 Lot, less Cal -2m-- Artwereae. `� ate T hww Per ..r..., .�.� �....... r ._ r r.._ NOT13 A>rMrarieod Iie1wiv o my be Ow apnh K t al roc" imur"m "MONO OR epnery 6110 e - with t1N Maws. If imurenee it 1s\' 4411w. swim iead 0".vtory wad be *41 of an effWal e! the h"aaence EEE REVERSL SIDE Fox HOLD H.#4RMLESS AGREEMENT The City of Huntington Meech requires by ordinance that a Certifkatf of Insurance be on file with us for the hsuwft' of a per mh or Ikenw; and that it be kept current for as long as that permit or license Is in force.. The eertRime' 1►om now he" on fft with the. city wNI expire on the date. slum on bottom of mallins label. Ple w We your a�esst . seibmit an updated Certificate of Imuraneet, on Ws form prior to thrfii expiration daft. Failure to comply Hwy result in the carrcellat;on of your kmit or lianse'and the'closi4 down of your operation or event. This is the only notice of cano"ion you All rpwW from the City of Huntington Basch. : . THE CITY OF HUNTINGTON $EACH MUST EE AN ADDITIONAL. IPMURED. ' • ' "' All Certificates cof Insurance should bi'"ed to the Insuranceand Benefits Off'ka, City of Huntington Beach. P. O. Box 190, Hunter* ton Beecli, Califixe b 92648.11 yori'hwe any question please tail this office at 636.5990. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The und"gnsd . {nsured Contrictor, a Sole Proprietor/8#4rsl' Partnership/California Limited Pihn6iihiprCaiifornh Corporedw Other, 67' ,' (you must circle the appropriate choice or fill In the blank) hereby 'sigrmi to def"4 indemnify and hold Harmless tine City of Huntington Beach, its officers, employees and sarYants (hereinafter collectively referred to as City) from any and ail lost;'4amage, cyst, expense, liability, claims, demands or judgments arising directly or Indirectly out of the Bionic„ project, event or other purpose fo1- which the accompanying certificate of Insurance is provided, regardless of the active or pal" nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the Chy. This agreement extends to.corer- the actions and omissions of third parties as well as those of the insured Contructor (Indernnhw), end fire City (indemnitees) The legal defense required by this agreement shall be provided upon request by the City and at the sole ixpense of the insured Contracum Any costs of defense or attorneys' fees Incurred by City In enforcing this agreement Nall be reirnborsed'b City or may be'awarded is City by acourt of aompstent Jurisdiction,. SINNED: By: do Title: _ Title: If a Corporatkm TWO OFFIC RS must sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporatim PIO 6/66 •j, CITY OF HUNTINGTON BEACH Insurance i Benefits Division w P.O. box Igo �4m- ate. Hus,dington beach, CA 926" .t .. --;I i INTER -DEPARTMENT COMMUNICATION NEW To 114eym Lee _ From E'vetls Ac:ountLM Officer City Erq veer Sublat Aequmbt for PNP=tt Drts Math 13, 1987 9lrwmai.tted barewith is an invoice request for Y*ra►�ress Faytaent foam 272 G�our3•t timjtaon Beads, CA.. Mm contruct armrunt, t3atae, is as fallawe: zbtal Contrwt Bid Price . . . . . . . . . . . . . $25,580.00 Zbtal Paxned to Date . . . . . . . . . . . . . . . 28,120.00 Leas 10% Petention . . . . . . . � . . . , . _ 21_812.00 Subtotal. . . $25, 30 8.00 AmuQtsPreviougly Paid . . . . . . . -0- Amotttt der Zhis Payn�ex�t. iC*�ire [hi •1rbeu♦ }� �, •be L : DIRK: � OC: BXUX dGilMebr Bill•ll 'Pam Blackburn Glen Soinn CC! File 582 "Payment$" STATE OF CAUFORNK oe. ` COUNTY OF LOS ANC 11 •w. O"ICiAL SEAM • LINDA M. JAYNE r� t. �• NOWZY KVLOC - CAUFORNA �•51 t Ki.m "r 1C UiFfCS IH LOSAr.GELESCALWY tAr CA-. 811 4A Gr. ]in. 22, 19r1 ON May 29 1! 87 before me. the undusipnNt a Notary Pubk In and for sail Slaw, perionah appurw attorneyin•hct of Insurance Company M the Westt the Corporallo" owl exaculN to wtm m instrument, known to r o to be IN porim who exaculed the wlt* IRiirYn id. on behafl el Me Corportbat therota named, and ackrowWped le m that swab Corpordon execulE! fftr $anra. WRNESS my hand and offkial Seel. Nebry ►vWk M si hr tali = w I INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 - SAN DIEGO, CALIFORNIA 92138-5563 (619) 546-2400 (ODO) 532-3702 KNOW All. MEN BY THESE PRESENTS: 0 ANCE BOND O To�� t�o�OY I+aV� , at3'G�ty Bond No 30 26 90 — A G pc4 PREMIUM: INCLUDED IN CHARGE FOR �'�'(� PErMFMANC.T BM That MS12 NMWP. 2272 Ci,�ntulhawan k u, H iWton ANgb_e Ca. 92646 as Principal, and— DMAC111P-.M OF TM IM= a corporatir;& organized under the laws of the State of California _-and authorized to do a surety business in the State -.J.. WfOrnia as Surety, are held and firmly bound unto the CITY OF Hij�zrxv BEACH, ('ALIMRNIA to the sum oM2Z=--FJ-= TKOSM, CIF HOMM -"- �Tf�,�NoI1Q0-------- (:2$,129.00 ), !awful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these pres4 nts: SEALED with our seals and dated this_._.�.x}, day of Ma1'-7 as contractor, entered into a contract for OONSTRUCTICN OF SMUVaRS CN ELLS AVENUE, 540' + EAST OF hVACH MULEVARD AND ON GRAHAM STREET, 500'+ SOUTH OF ME100114" DRIVE, THE COySIX)M'ION OF ACCESS RAMPS AT VARIOUS LOCATIC NS IN THE CITY OF HUNTINiG W 13F.ACH, CA. foi the su+a of 7Wf•TW—FI31E TFiCliliIMi EI31E WIMPM £7t:E= and N0.11 (I n _ gri _ nn ):and, WHEREAS, under the terms of the spedfioations for said work, the said Is t*quired to give a bond for 11101 QL tbt: EniAl, f.1Ck=Af.T RR I= — ' 4=Y.=ETt^,FiT 314"lc,1M, CM MMBM 29F M -10d .. SQ/10() U ...JM.... .. .`— 0 . & 120 - 00 1, to protect the (!= CIE fff= `Y m-'"� BEAM+ T31ENIA --- ^gainst the result of faulty materials or workmanship for a period of one year imm and after the elate of the oompledon and acnptaaa of same, comely, until MU 24..._,-28A - NOW, T&:REFORE, if the smd .inST]2 xrJW �..� I for a period of one rear atom and after the dart• of the completion and acceptance of same by said G'14. CAZ TrA-- ---.-- repiaa, any and all dideets arising in mid work whether reeuldr* from dnfectfve materials or defeetire workmanship, then the above obligado:% te+ be voles. wAwwise to remain in full toms and o f d. JMCAL-134 JOSIP I CNN INSURANCE COMPANY O E WEST attm, Attorney in Fact INSURA-.. CE COMPANY OF THOWEST HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEV KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West. a Corporatlon duly authorized and existing under the laws of the State of California and having its principal officit in the City of San Diego, California, does hereby nominate, constitute and appoint: ALLEN JAYNE LINDA JAYNE BARBARA PAT'10N its true and lawful Attorneys) -in -Fact, with fall power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertakings, recognizance% or other written obligations In the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by tie Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day 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 time to time appoint Attorneys-in-Fatt to represent and act for and can behalf of the Company, and e}«tier the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and rovoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Aitornet-in-fact may be given full power to execute for and In the name of and on behalf of the Company any and ail bonds and undertaking, as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -le -Fact shaft be as binding upon the Company in if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF. Insurance Company of the West has caused Its official seal to be hereunto affixed and these presents to be signed by Its duly authorized officers this 11TH ,DAY OF NOVF.MBER 1985.. INSURANCE COMPANY F THE WEST PtesiderK STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this11TH DAY OF NOVEMBER 3A?Ae the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified. came. ERNE T RADY , President of INSURANCE COMPANY OF THE WEST. to me personally known to be the individual ind officer described in and who executed the preceding instrument, and he acknow. lodged the execution of the same. and being by me duly sworn, deposeth and saith. that he Is the said officer of the Corporation aforesaid, and that the saal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signaturtt as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. • IN WITNESS WHEREOF, i have hereunto set my hand and affixed my Official Seat, at the City of San Diego, the day and year first Above written. NORMA PORTER -w tdOtA .' 1't11UC-cunt" h a pl o%w in Sm Dloo t -ft 14 C&VA m Ew )a STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO Notary R,blic 1. the undersigned. Richard S. King, Secretary of the insurance Company of the West, do hereby certify that the or'ginal POWER OF ATTORNEY, of which the foregoing is a full. true and correct copy. is In full force and effect, and has not been revc'sed. IN WITNESS WHEREOF, 1 have hereunto subsciibed toy name as Secretary. and affixed the Corporate Seal of the Corporation, ttj.s 1901 day of M&Y 198 '55,15� S et ICLv CAL 37 (REV. SOU) City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 926+48 Attention: Gentlemen: d 1 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 The undersigned, contractor on ro]ect No. e 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 0 c 0 2ECLAATION OF SATISFACTION ,OF CLAIMS I, 99S/ , state: (Name ot contractor) i. I am the gereral contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled ce.- � s &- wA4 and dated ,� ,�Q"�Z" —'.' �...�.........,� r r ram+ 2. All workers and persons employed, materials, and all subcontractors above --mentioned project have been all firms supplying for the paid in full. 3. The following are eithv., 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 correct. "nr.uted �* "•r^+r Q�� � on this ,► _ day of 1'9 J ( Sign ;:re o +Coc!trac`to ) 4 WHEN RECORDED MAIL. TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. d. Box 190 Huntinvion Beech. Calif. 92W 87=1997'98 ff MPT 7. NOTICE OF COMPLETION CC582 RECORDED IN OFFICIAL RECOR05 OF ORANGE COUNTY. CALIFORNIA -it 3n PM APR 1387 y�+ . / o(xlHiY (,i 1�' itEGO"OES NOTICE 15 HEREBY GIVEN that the contrr-zt heretofore awarded by the City Council of the City of Huntington Beach, California to Josip Kovac,; a sole nroarietorship 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 work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on April b, 1987 That upon said contract the ._._Inslita0PA CDMPan; .Of the.. i'_____ _.,... was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of April , 19JIL. STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) Alicia M. Wentw9rth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By ? ASO Z, Connie A. Brockway, Dep I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of she County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 8t,thh day of _Agri'; , 19 87. TUS dootawnt is solely for the a11flolAl business of the MY of RMUnftoe BoAth, a* cOnteew plated ur,"r Goverment CaAA 11re, 6103 rod aMmId be reeorW Alicia M. Wentworth city er anc' e—67fi`cio M eR of the City Council of the City of Huntington Beach, California BY: 'o:in i a A. Brock_4_s_y,_WpTF.j WHEN RECORDED MAIL TA.0� �QRtA�,D Co" � � 14ea1 eLomt�are� w►th Orr CITY OF HUNTINGTON BEACH EM Office of the City Clerk C Z P. 0. Box 190 tiuntin0on Beacli. Calif. 9264F NOTICE OF COMPLETION 87 9979a FRECOSO)ED IN OFFICIAL RECORDS ORANGE COUNTY. CALIFORNIA 'iiSO PM APR 13'87 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of r the City of Huntington Beach, California to Josip Kovac, a sole pronrietQrship who was tt;e 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 work was completed by said -omoany ;:cording to olans 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 Counc"I of thy.., City of Huntington Beach at a regular meeting thereof held on April 6, 1987 That upon said contract the .- Inst -afirr rmpny- of the West was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of April , 19-aL. STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) Alicia M. Wentt(grth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By d Aim Conn a 1roc way, Dep I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recordar of Orange County by said City Council. Dated at Huntington Beach, California, this 8th day of April , 19 87. TUS &ocmont is solely for the official business of the City Alicia M. Wentworth at Huotinetea Beach, as *onto.- City Clerk ana ix-Ffficio ElerF plotod under oovern ent cad• of the City Council of the City Soo. 6103 sum should be recorded of Huntington Beach, California �� •R alswlr�s. /% , BY: . tonne P Brockway, y REQlJES-t FOR CITY COUIVCIL*iACTIOiV Date Submitted to: Honorable Mayor and City Council Submitted by: Charles Thompson, City Administrator �••l prepiwed by: Paul E. Cook, Director of Public WorksSE Subject: Construction of Sidewalks and Access Ramps — Variou Consistent with Council Policy? [ I Yes [ I New Policy or Exception V G Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 1 Statement of Issue: Kovac Construction has completed the construction of sidewalks and access ramps at various locations throughout the city. Recommendation: Accept the i.aprovements and authorize the City Clerk to file the Notice of Completion. nal sis: On January 5, 1987, the City Council awarded a contract to josip Kovac for the construction of sidewalks and access ramps at various locations throughout the city. The construction of these Improvement-. 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 summary of contract costs: Council ARp,oved Actual Ex enditure Contract Amount: $250550.00 $25j580.00 Construction Contingencies (10%) 538.00 2,540.000 Total 12,T38.0ZF $28,120.00 *Construction change orders included constructing two additional access ramps at Continental and Brookhurst Avenues ($560.00 ea. —total coi.t $1,120.00), Installing handicap ramps at Yorktown and Brookhurst and Kamuela and Brookhurs* ($560.00 aa. — total cost $1,120.00) and modifying wheelchair ramp at Frankfort and Hill to meet specifications for acceptable grade ($300.00). Funding Source: �e..'ds of 31,200 are budgeted In fiscal accounts 993640 (Sidewalk Access Ramps). Alternative Action: N/A Attachments: None CWT:PEC:DRN:Iw 1206g no area CITY OF 1-�Il� NTli'�I TC 1 BEACH ' 7M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 20, 1987 Josip Kovac Const. 9272 Cloudhaven Dr. Huntington Beach, CA 92646 RE: Construction of sidewalks on Ellis Avenue, 540'± east of Beach Blvd. and on Graham Street, 500'± south of Meadowlark Preject CC- 582 Enclosed is ,your bid bond, a copy of the executed contract with the City of Huntington Beach, a Certificate of Compliance farm 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 BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the fo!lowinq item must also be on file, with this office, before tee City can release any retention funds: A warranty bond quaranteeing the final amount of work and materials for one dear. If your performance bond does not include specific :lording for a one rear warranty, then a rider or separate bond must he cubm i t ted. should you have any questin�-s or concerns regarding the enclosures or itrms thni mtjst he on file in this office prior to release of retention funds, please call Don Noble, Contrnct Administrator, 536-5441. Al A %"Aow� Alicia M. Wentworth rite rie►i; 4WA,:.1r. cc: Don Noble, Public Warks Dept. enclosures: [lid Hond Cnsh Contract Cr.rtil irnt.n of romplianrc! Declaration of rintinfac:tion of Claims ITd"6=w: 71443ii Vi 0 e 0 %=W-Vjw� 14 CITY OF HUNTINGTON BEACH. 2000 MAIN STREET CALIFORNIA MIS OFFICE OF THE C;TY CLERK February 20, 198; 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 MMW:bt Enclosure ITMmpAs1-: 71443&SW1 .t �. C,:1TV CIF HUNTIN U=XY BEACH 20(X) MAIN STREET - CALIFORNIA 92E3At3 OFFICE OF THE CITY CLERK February 20, 1987 Arn & hummer Concrete 14522 Greenwood Lane Tustin, CA 92600 We are returning your bid bond which was submitted with y,3ur proposal for the construction of accessrampsand sidewalks at various locations in the City, Project CC-582. The contract for this 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. r - - 4, - Alicia M. Wentworth City Clerk AMW:bt Enclosure 11�hMMrws 714i��7i ,, B1 PROPOSAL. +� . D 11irms Ham* To the Honorable Mayor and City Councils City of Huntington Beach, California: In compliance with the notice Inviting sealed proposals for the t om—tz xt-ioti oE'siderwa]ks an MiS Avenue, 540 s+ east of Beach Boulievard and on GYahsn! Streat, 5034 gouth of Meadowlark Drive. The Cbmitntctim of access ramps at various: ]vocations. aC--582 I hereby propose and agree to enter Into a contract to perform the work herein descr!bed and to furnish the materials therefore according to the plans, specifications and special provisions for the said work anti to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Seach, California. The undersigned has not accopted :any bid 'from airy s,ibcunttactor or materiaiman through any bid depo-Itory, the by—laws, rulas or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materlalman which Is not processed through said bid depository, or which prevent any subcontractor or materialmah from Uld41ng to any contractor who does not use the facilities of or accept bids from or through such bid depositary. For the furrishingc of all labor, materlalti and equipment, and or all incidental work necessary to deliver all the improvements complete in place In strict conformity with the plans, specifications and spacial provisions, on file in the office of the Director of Public Works; City of Huntington Beach, California. 1 propose and agree to take full payment therefore at the following will prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN V4 WORDS PRICE TOTAL. Construct concrete sidewalk an Ellis Avenue at ZU//9 1. 900 s. f. .._.w.-.�; '`L�. '-'1 _.._.per �.F. 2 _. 0 o Ocnst:ruct concrete sidewalk on Grai mm Street at 2. 350 S. f . _ 00 P-1 �J ITEM AFt ROXIMATE ITEM WITH UNIT PRICE UNIT No. QUANTITY VIRVTTEN IN WORDS PRICE TOTAL construct access rates at the following lccatic s: Springdale ;street at Chimck Drive 3.. Lunp .9'rn N/W corner, Std. 2LM at -Lump price of D b 0 Springdale Street at Chinook Drive 4. w Iunp Star. S/� corner, td. 212E a price of • M 801 Frankfort at Hill Street, N/E corm- Std. 212E at iompStan pri f _ Ellis Avenue at union Lam S/E .. 6. 1'.1nnp Stan corner,, Std. 332B at §Urp prim of A , fj7 � � ; ��" JC' f1 G7 7 Ellis Avenue at Demian Lane SA1 7. Lump Sum Comer, Std. ' B a Lurp Surn price of ,.i S � p - 0 0 l"f C7 J Ellis Avenue at Chapel Law, S/E T1J•�l��,J corner,, Ar`J/Sjt]d. 2 at Ltsy �Swi price8. Ellis Avenue at Chapel Lane, S/W �+. LIP Sun ciorner, Std. 212,p at IVV Scarp price of Ellis Avenue at Vallarta Idum, S/P acarner, S 212 C at Unp Sumpr� 10. Unp Sun o€ Fuis %vwm at Vanarta Leas, S/K u. �: g0�mr, St�• 2 -it Of 3 �-do 3Sc 'M2 ITEM APPROXIMATE ITEM WITH UNIT PRICE IFRICE UNIT NO. QUANTITY WRITTEN IN WORDS TOTAL Ellis Average at Neiwlmd Street, N/W 12. imp Sun corner, Std. 212 at Sum gr ve of..v,�#�:��- � 6.14 ,,, 7`7iJ ► v d ��d Ellis Avenue at ]And Street, S/W Fj3 . Lung Sun ccxriar, Std. 2 atSYM of .t.�,s� �.�� " a v C"'0 Indianapolis Avenue at Kilkenny Lane N/E corner, Std. r212B a Lump§m -V 14. w p Sum price of 6&1 Indianapolis Avenue at rtewlarnd Street, L5. IAVP Sum N/W corner, Std. 2 Bat S of price Indianapolis Avenue at Newland Street, N/E corner, . 212B t 1:7 sum "Q 16. Lump Stin price of o o :Indianapolis Avenue at Newland Street, S114 corner, Std. 4zla, at Lure 5 ' 17. Lvap Sum price of ,- - 62� /Sd Atlanta Avenue service road at Bastia Lam, (tract curb return) , N/W corner 18. Lump Sim Std. 212B at Lunp;;3um price of C, n Atlanta Avenue serviup road at Bastia Lane (tract cure return),, N/E corner, 19. Lump Sum Std. ZB at priC of _.___� ,►r 4 0 a _ 00 1100 Atlanta Avenue Ame t Greenfield La, e�ar N/W corn*,4td. 2 eat Sum 20. Lump Sum price o i� Atlanta Averwo at Gr+s wifield T,&*, N/E corrrsry�.Std. 212H Sun Mena 2.. Lump Sum ui,;, % (e-9 r o P-3 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Brookhurst Street, North of Yorktown Avenue, west side, Rancho Huntington 22. Lutp Sim '.�u�o tras, N/W corner,, Std. 2 at %O0 7� ;amp Sum Broo4tt'=s* Street North of Yorktown Avenue, west bride, Rancho Huntington 23. Lump Stint Entrance, S/W corner, Std 2t at Lump Sim price of'41 Bror khurst Street at Constitution Drive, N/W corner, Std. 2 a I.�:� 24. Luatp Sun Sua price of p� �! � 7 a Brookhurst Street at Constitution_ Drive, N/E corner, Std. a 25. Lute SUM Sun price of Ao, %vp ... oo 7�6P Florida Street at Shaffer Circle, N/W std. 23.2a at InvM price of 26. Ltrtp S m ' ' �l �G'f> ego D e' Florida Street at Shaffer Circle, S/W 27. Sun corner,, Std. 232 B atLIMP S�tm price of..-� %"'��'✓ �''OG .. oC� S-d Warner Avenue at Magnolia Street:, N/W 28. Lump Smpce of corner, Std. Z1;LV Sl �4l���/ • Srockhurst Street,, south of Adams A,vrrue, west side, shopping center 29%. IAtmp Sara entrance,, N/64' corner, Std. 2C at 00 �- vO Q Imp Sm price. ,of Ottsouth of A�aao 30. Lump SUM pSrtreet, w}� west side, �„ng o{d�+Wr. trance, S,'° corner, , td. 212C at 00 1 D Stan . P-3 FEM NO. APPROXIMATE QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE: TOTAL 31. Lump SUM 9raokhurs k Street, swth of Adams Avenue, west side, stopping center entrance, N/W coznor, Std. C at Luttp Sam price of ,. . o 32. � SUM B=K*htust Street, south of Adam Avenue, west side, shopping center entrance, S/W oorner td. 21^ at Lump Sum price of O� y r7 p j,.� C�© l Total aaM =t in words _ / �tlw,� Total Amount in Figures C ,�O - � P-4 It in Indet 11-0 Od aaaYd agc is t1st the 4A -to gEv�r�tititls stWM Ln the laL"'goIsIa Pr9posaUng the —'rison at bids t OdUdWA we the �t actcC l sstl lstt iy for- the 4r-1�111 benneo of far;� VGA the of the actLud MMMititims in the aar>pleeead tl10ak, whether they be me ar less then those slaa�n hurin at the unit prices bid in the pmpwal sr:taaea34so 'she Um3ersigned ve-earstar:ds the centred Haase limit allrattrd fcra>r the rantraet is . . 60 oelandar days. If aewu*dsd the eantraaat, the undweigned hereby agraes to sign said contract and furnish the bonds` within tan (10) days of the awa d of said contract, Brad to begin wwk within tan (10) days from the date of appcovl of the contract by the City of Dintingtson Dwich, . 7he undwsignased has exmdned carefully the site of the work wont Mated, the plans and specifications, and the proposal and contract faacras therefor. 7he wAmd"ion of a bid dull *be aonclusiv+e evidsw a that the bidder has in%motigatted and is satis- fied as to the cordite ons to be esrcncx ntsred, as to the • quaeal.it-y, and scope of work to be PUrF 1 r- 14, the quantities of materials to befurnished , and as to the ro*dz meet of the propuassl• Plans, specificaticm; and the contract. Aoosa TwWing this proposal is �Zol� � �� � ($ � 4 NOMCE: Insert the words "Cash," OCertifieard Chosck," or "Bidder's Bond," as the case may be, in an amount equal to at I east 10 pent of the total bid price, payable to fibs City of Huntington Beach. Ttw undersigned deposits the above name seaurity as a prqposal guaranty and agrees that it Whal]be forferited to the City of Huntington Beach as licmidated dwi ges in c se. this proposal is acoepteed by the City and the undersigned shall fail to execute a contract four doing said work and to furnish good and sufficient bonds in the fam set forth in the specificatiar s and tract documents nt;.s of the City, with surety satisfactory to the City within 10 days after the bidder ha:a reo ivred written notice of the award of the contract; otherwise said security shall be returned to the under- signed. Liowind in accordance with an act pxvviding for the registration of oontraet License No. 3177 5 S' Signature of Bidder Business Address Plasae of Aesidar:oe Dated this 2 day of Bids3arac dwll signifY rwosipt of all Addenda here# if any: M i l mdtaa<a No. Date Ascsived Bidder I a sigmtuane d �- P-5 City of Huntington Beach Dept. of Public Works Attn: Bill Wadwll 2000 Main St. Huntington Beach, CA 92648 Dear Mr. Bill Wadwll, • J. Kovac Construction Josip Kovac 9272 Cloudhaven Dr. Huntington Beach, CA 92646 December 15, 1986 Please refer to the constr.LIction of access ranips at various locations, CC-582. As you have requested, I have obtained a Traffic Signal contractor. The electrician is Tom De Barge of De Barge Electric; 910 N. Bewley, Santa Aria, CA 92703. His state license number is 375057. I really appreciate your patience with this matter and allowing me ample time to resolve this problem. I am looking forward to working with you very soon. Thank You, Josip Kovac J. Kovac Construction REQUEST R CITY COUNCIL ATION AppitoYE;E-3 $ubi�nitted to: To Honorable Mayor and City Council Sub(MtUd by: Charles W. Thompson, City Administrator' p hy: Paul E. Cook, Director of Public Works\ye� Sum: CONSTRUCTION OF SIDEWALKS AND ACCESS RAMPS - VARIOUS LOCATIONS; CC-582 Cordistent with Council Policy? [x] Yes [ J Now Policy or Exception Staterrwnt of Issue, Recommcat6ation, Analysis, Funding Source, Alternative Actions, Attechments: STATEMENT OF ISSUE: Pursuant to City Council approval of October 20, 1986, bids were received on Novembor 25, 1986 for the construction of sidewalks and access ramps at various locations throughout the City. RECOMMENDATION: Accept.:; a low bid submitted by Kovac Construction and authorize the Mayor and City Clark to execuLe an appropriate contract in the amount of S251581100. ANALYSIS: On October 20, 1986, the City Council approved the plans and specifications for the construction of access ramps at various locations throughout the City and authorized staff to solicit construction bids. Bids, as summarized below, were received and opened on Niovember 25, 1986. Contractor Bid Total Kovac Construction $259500.00 Arm & Hammer Construction 30,124.00 Damon Construction Company 449400.00 Staff reviewed the bid proposals and recommends the -icceptance of the Kovac Construction submittal. FUNDING SOURCE: Project Cost: Construction Contract $25;580.00 Construction Contingencies 29558.00 Total $289138.W Source of Funding: Funds of $31,200.00 are budgeted in Senate Hill 821 Account 893-640 - Sidewalk Access Ramps ALTERNATIVE ACTION: 1. Reject the low bid and select another contractor. 2. Reject all bids and forego Improvements. ATTACHMENTS: / ?) L Location Map 2, Notice Inviting Scaled Bids cc-582 no aff32q t- �t OR �-•� •� GARFIELD %! ' < � Iil N R 'S t � 17 1 IL `. INDIANAPOLIS a ATLANTA i I 2 fe LOCATION MAP CONSTRUCTION Of SIDEWALK ON ELLIS AVE. lk ON GRAHAM ST. CONSTRUCTION OF ACCESS RAMPS AT VARIOUS LOCATIONS. • . pE� ITEM LQC:— MON NUMBERS. �c u (D INDIANAPOLIS t« 5 � • f v a ADAMS 3 y wwrtir ran + Ksrrsc*—...•. s(w w ll. t tKty * 0, L. E DINGER 4 HEIL z • tr�l�• � / • l+'�• 7il. Am in. r YORKfTOW N I i •�i71 INDIANAPOLIS .r....-w.1wr.►."..r-. .wr.�.�.m-,��," -• r-. .'.v►rsas-..� c.+�ww-• - - NOTICE INVITING SEALED BIDS CC-5132 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the construction of sidewalks on Ellis Avenue and on Graham Street. The construction of the access ramps at various locations In the City of Huntington Beach, California in accordance with the plans and specifications and %racial provisions on file In the office of the Director of Public Works. Documents will be available on November 1 B 1986. A charge of $20.04 not refundable, will be required for each set of specifi attions and accompanying draw ngs. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Corner Quantity Construct Access Ramp at the following locations: 1. Construct Concrete Sidewalk an Ellis Avenue 900 S.F. 2. Construct Concrete Sidewalk on Graham 3500 S.F. Construct access ramp at the following locations: 3. Springdale Street @ Chinook Drive N/W Standard Plan No. 212-E 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. Eillis 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 @ C:.;;pel Lane S/E Standard Plan No. 212.13 Lump Sum 9. Ellis Avenue 9 Chapel Lane S/W Standard Plan No. 212-B Lump Sum 10. Ellis Avenue @ Vallarta Lone S/E Standard Plan No. 212-C Lump :gum 11. Ellis Avenue @ Vallarta Lane S/W Standard Plan No. 212-C Lump Sum 12. Ellis Avenue @ Newland Street N/W Standard Plan No. 212-B (modified) Lump Sum 13. Ellis Avenue @ Newland Street S/W Standard Plan No. 212•-B Lump Sum 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-B 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-B Lump Sum LM 18. Atlanta Avenue Q Bastia Lane (Tract N/W Curb Return) Service Road Standard Plan No. 212-B Lump Sum 19. Atlanta Avenue @ Bastin Lane (Tract N/E Curb Return) Service Road Standard Plan No. 212-B Lump Sum 2a Atlanta Avenue @ Greenfield Lanes N/W Standard Pinn No. 212-B Lump Sum 21. Atlanta Avenue @ Greenfield Lane N/E Standard Plan No. 212-B Lump Sum 22. Brookhurst Street, North of Yorktown N/W Avenue, west side, Rancho Huntington Entrance Standard Plan No. 212-A Lump Sum 23. Brookhurst Street, North of Yorktown S/W Avenue, west side, 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 dal Shaffer Circle N/W Standard Plan No. 212-8 Lump Sum 27. Florida Street @ Shaffer Circle S/W Standard Plan No. 212-13 Lump Sum 28. Warnex 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 30. Brookhurst Street, South of Adams 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. 2 1 2-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- 2 DATE: ' November 25, 1986 EgGINEER' S ESTIMATE JOB AND CC NUMBERS Cmst. of sidewalk an Ellis/Grabaur; CC-582 ETWERS NAME TOTAL BID AMOUNT Arm & I.gwmer Concrete Darron Cons t . Cb . Kovak Cbnst. i mi REQUEST r OR CITY COUNCIL XTION DOU &*M*ted to: Honorable Mayor and City Council n G%� SubrnitW by: Charles W. Thompson, City Administrator Q pry4wW by: Paul E. Cook, Director of Public Works . Subiwt: ACCESS RAMPS AT VARIOUS LOCATIONS AND SIDE ELLIS AVENUE AND GRAHAM STREET; CC-582 Consistent with Council Policy? IN Yes I I Now Policy or Exception CP eo"- C�'> a 5N ON Ststennt of Ime, Rs�.omnim dation, Anelysiv, Funding Source, Alternative Actlau, Attoahmants: STATEMENT OF ISSUE: Pursuant to Council authorization, the plans and specifications for the construction of: (1) access ramps at various locations throughout City, (2) sidewalk on Ellis Avenue east 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 a resolution authorizing the submittal of an application for Senate Bill 821 Funds. The application was approved and the designated portion of revenue's were deposited with the. City for project construction. Staff, through input solicited from various citizen groups, developed n list of thirty-three (33) locations where handicap access ramps are needrd. Coupled with these improvements is the essential construction of sidewalk on Ellis Avenue east of Beach Boulevard and Graham Street south of Nleadowmrk Drive. The plans/specifications for thr,he improvements are complete and therefore, the Director of Public Works requests an nutnoHzntion to solicit bids for construction. The Development Services i'.hpnrtmont, after evaluating the environmental impacts of View! access rcirrps and sidewalk construction projects, has determined that the irnprovernents are "(--ntegorically E kert1pt." FUNDING SOURCE.: Revc*nurn have been budgated in fiscal nerount. IJ93640 (Sidlewnik Ace i!ss Romps). ill.. TER.NA TIVF ACTIMi I)eyny npproval of plans/snecitic utiona rvnl nuthoriration to solicit c, ristruction bids. A I. Project Location Mows 2. i nvitvrunr.ntnl F. xertiption ,0+ ( AN, T:P CtDRNtdw Rea arse N MCE OF EXEMPTION i 'Ott Off Ice of Planning and Research FROM: (Public Agency) City of H.B. 1400 Tenth Street, Room 121 Sacramento, CA 95914 County Clerk County of Orange t Sidewalks Ath of Beach Blvd. and Graham St. south of Meadowlark Drive on— pecif is Oran on —City Project Location --County Curb, sidewalk removal, concrete ramps,, sidewalk constructs eription of Nature, Purpose, and Beneficiaries of Project existing R City Council Name of Public Agency Approving Project Name of Person or Agency Carrying Out Protect ExemptStatus: Check One Ministerial (Sec. 15073) ,. Declared Emergency (Sec. 15071 (a)) Emergence Project (Sec. 15071 (h) and (c)) X Categorical Exemption. State type and section number. S.15301 (c) Existing Facili sons why project s exempt: Pam Posten tact Person 7 rea me E xtensic r ii applicant: 1. Attach certified document of exemption finding. 7. Has a notice of exemption been filets by the public agency approving the project? Yes No Date Received for FilingV4'r 440- IgnaturA Agmistant Planner Yitle Revised 3anuary 1995 ..i m tsa Z 2' 0 z J O m r I :I W ~� SOLSA 4jo 0 LOCATION MAE s- CONSTRUCTION OF SIDEWALK ON ELLIS AVE. Q ON GRAHAM ST. CONSTRUCTION OF ACCESS RAMPS AT VARIOUS LOCATIONS. . FTE� - • ' = 710N NUMBERS. K _ o L EDINGER I, (D r w ' - `s-1 •r 'C m L 0 • • r rwr_� . INDIANAPOLIS ld • rw (�r Y rain S Y11 ELLIS I a ft. w VL N a ADAWS GARFIELD AT1. ANTA sow/rY! .Aww• T. M 1 .r, � rY • tw4ay 9"K HEIL e t&LYORKTOWN 4, . r/ Nor ms !NWAPdkPOLI% x�sc rivrscz � .,ryP� _ nw=rn� nme CC-582 Notice is hereb bids will be recaived by the Reach at thea cEfi a of theCity rClerk at City W11 2000 Main SStrset,Hunting Beach, California, until the Dour of 10 -.00 a.m. an November 25, 1966, at which tine they will be apeseed publicly and read aloud in the axvfcil Cambers for the oanstruction of =ws ravprp aid sidewalk -at various - ocactiom in the City of Hunti ngtcn Beach. A set of plans, speeifieatiaas, and other cahtrawtt doamnts may be abt fined an Nmmter 18, 3986 at the Deparbndht of Public %brk.s, 2000 Main Street, Huntington Beach, California, upon reoeipt of a ncsr-refurrdable fee of $20.00. Each bid shall be made an ttas Proposal Form and in the rnmnner provided in the contract doaunennt- 1 and eball be "Iniad by a certified or cmdder's check or a bid band for not lms than lot of the mx mt of the bid, made payable to the City of Mant3ngtm Beach. The - shall, in the peri-rmanoe cf the work and inputs, canfasn to the Labor Ccde of the State of California and other laws of the State of California applicable thereto, with the e=mpticn only of such variations that may be required under the special statutes purusart to which pzoamedings hereunder are taken and which have not been sumersedled by the pravisi%ms of the Labor Code. Preference to labor shall be given only in the mwmer provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the prapWAI requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the Ity of Huntington Beach reserves the right to reji%-et rzy or all bids. By order of the City Council w the City of Huntington Beach, California the 20th day of October, 1986. 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BID SUMMARY SHEET FOR: C ou5mtiG't m, ar Q6&jc%wf DEPARTMENT OF FUSLIC WORKS 6s& mtSS Rw►tE► Y- ��19� N ��0,0BADS OPENED— AMFF Na 'r N�,MINflO► N �[N BIDDERS ✓��I�J+�l� • ��,,. . �a IN ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AwpUMT MICE AMOUNT fj2Q L� C4 r*bNi J C4vsr A1Cr Cawr a.. s #gwe 2 2W.00 1•�0 � �D �� %.�� dws%-O ro 's. 10 ms �•pomicr Cgoic S ! .. w► ~7 8600 6• �, ,So at ♦• Z,,,'I 7.'s °° '04 Is B-16 ?• iOrusr/V�.:.r CT� �101iC �� �>• TRH fop S�CAfylOra/Ii I • i w �a ai .r fi O �' fs Z �" %, t OD,.a V O t F►e40+�ftpO*1' for. It N► bL !rT �N ` & Gam."' �,�.��oa r '�D� :' 5� ."� ZZ� cc I .� . I tic 1,11 F " LL►S * m • a psovoo►V JrA JIy Avg a Vasisaw &,v � s w o. A V& C 04,4 ps & A^? JTQe.►.r., Jif JV4 s. C •1►4p4rs "w Z iA OK1 rnOA e V& e! Yu4.*At7* LM. • e-dim &Ifi. ill ��. E"►4 �Vs c v6l.�.iflTlf, �„a. GAD" c,o rc �� Ewa cs• r�arsu�...►� �. 11%a.?JA aa�G►} 1s ,. � -► '�"� � !' 1 �'' Lamp t, too !NOlIGI{f QpOLsti ri TOTALS • ET_.0F._._t1VEETS CITY OFHUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: _ j' DEPARTMENT OF PUBLIC WORKS @IDS OPENED tE_ ENGINEERS ESTIMATE cc me— AIMFP No .R.+rHtir,1O► MKM BIDDERS ,��,� t�(v � V ,' 0E,• No 14TEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE. AMOUNT l` ��uC+n•.tKpot,I>r *.Vt Q Afrtwitn..-O tT iTv 1 ! C6ddA +� IA 40• . Lily �� �, �7.3� ro sA. `7 /i/p►•�a.►wr,+�,,f. itiR f A/iLiWht.►ri yi. Ta EL�� r'• . , Ii� //�� h V�O•� %j'� /� V 1•~ � �, �T t�►sf +1- • frE � iraj`.�{Tt��G wL. K � • �,�!o -ja .ro d A7 Fjo Awl Q. AAt eT+ Xr C. �l�T� ,o •a 0 io, �sro�i i M Ar1.w.R• Avg a. OlLaffivriaA.G &N. s fra 0scft%srstr• or, who +sr.••�, +i+t • 1 IJ ►q �• �� �' 4- R u lia r Yr. N r 1 Ym"x K.Ma.N ► V c • jw 1 yr a 42p'-' �r•Tw'rm w .arc. , 11 M w fig 4L ti& .- ,. j!� G �4." ► ��0 cc •k.�gp�c.�ar�ilrT 4T as •.•t'r;ruo rip&I Dr. c o #V"&#wp A Vr 3 K A Ftr e Y 64., •To. a, lift a u w lit. so 1► tLr�.te�► �T. a, 0"Oop w& CPR.'. ,., w fly` r3 j (Coe* Z� bi "V.?*u/.� iVuldL.&A"P'► 41je 1 M'�1 , iM 4«+ tl oacavtsT 4t-r, s O 4.01160t6 6418, y,t 1►OI:4co pneac•�s�Ss. sl. �.ti � war, ,+s s►•�c: v� �r�-tii ,�.. r C . K r/ XJ0040 � � . t� 4--►v!�► 1OQ �o . '�� SK �+�. CJ►ue�� �. 17. 1'�.C. S ,N. . I�i+4'''' ,. TOTALS" �'' �'�► 53`'` -so !'1.44,4W°1° DATE r Novwdmr 25, 1986 -- ENGINZER' S ESTIMATE: JOB AND CC NUMZR: Corot. of sidewalk an RUis/rrahm; OC-502 RTDDRM KAM TCy'tAL Hid *AMOLMT Arm & Hater Oancre tie DOMM court. Cb. r - ' yd Novak cmSt. Sheet of sDEPARTMENT OF PUBLIC WORKS LIST or slum= "MT "VE 'Tl► = FUUNS AND alscIlICATICO2 F" Construction of sidewalk on Ellis, on Graham. construction of access ramps at various locations BIDS TO BE COPZN Ncwember „2 PLAX NO. MM AND ADDRESS Acct. 69 3-6 40 $20.00 TELEPHONE NO. R EIPT 90. C.) 0 COST OF SPECS *-0 (non-refundabl`e- OTHER jfjLft t eA.IAJ 0 S. �".omsr •F V':v&w6� PROJECT: ` . LOCATION: �Am Mel is lza (i.e. AHFP, F.R.U. etc.) BIDDING INFORMATION: ACCOUNT # : � � 6p+0 ■ Y YYYYY�� ..M� YYYYYYl����1 �YYYYii bY. 1. OUT TO BID: /./ov. /8,0 m f 6 2. HID OPENING: A100. Jftj /Q A 04. 3. LOW BID TO COUNCIL: 2gG» 1.4- rr (s ARCHITECT: ADDRESS: REP.: PHONE #: PUBLIC WORKS PP.DJECT COORDINATOR: W" 00 o' l L, ESTIMATED COST OF PROJECT: ?2h y2-pen 1. .Y�� 7,�_ •� R �y � , t} 4 ` • •D— I PUBLIC CONTRACT CODE The bidder shall establish to the satisfaction of the court that: (a)'A mistake was madde.,,,,,, (b) He or she gave the public entity written notice within five days after t; - Wning of the bids of the mistake, spool vi;R In the notice to detail how"I c mistake occurre (c) The mistake made the bid materially different than he or she intended it to be. (d) The mistake was made in filling out the bid and not due to error in ,+ judgment or to carelessness in inspecting the site of the work, or in reading t'• the plans or specifications. Amended Stat► 1952 ch 431 t Prior taw: Former Got C i 4203. as added by Stats 071 ch 1584 1 :. § 5104. Notice; Absence of claim requir"ement • of Calif:1rr-;a. Other than the notice to the public entity, no claim is required to be filed '. • - ac} , and before brin&ring the action. l' Amendrd Stats IM ch 43S 1:. to 'ripetitive Prior t-aw: r-onrer Go. C 5 4:04, at added b; Sta:s 1971 ch 1554 E § 5105. Prohibited participation in further biddinfi ' A bidder µhe claims a mistake or who forfeits hie or her bid security shall n� be prohibited from participating in further biddinfi on the proicc; on µ hicl- the mistake was claimed or security forfeited. Added Stitt 198: eh 4:. ; : •i Prior tar: Former Go,. C 4.105, as added b3 Stat7 1971 ch',$ 4 g cons, nt of the § 5106. Award of contract to next lowest bidder her bid becat.tsr If the public entity deems it is for its best interest, it may, on refusal or W . f-ltity in a failure of the s-_ rcessful bidder to-xecute the contract, aw, rd it to the _ :o-, opened second lowest bidder. OR c 1_:5. If the second lewesT bidder fails or refuses to execute the c;mtract, the tl::! complaint, in public entity may likewise award it to the third lowest bidder. It -d dollars (5`00)• t ,On the failure cr refusal o. the seco�ld ar third loµest bidder to ahnm ah. or she shall contract is so awarded to execut•t it, his or her bidder's security shall bei;rig a reasonablt. likew•is: forfeited. Added Stals 196: eh 435 !Prior Law. FormeG:)% C 44,J5. as add,.1 by Slats 19'1 ch 1314 : § 5107. Preference in setting action for hearing In all actions brought under the provisions of this chapter, all courts of the wherein such actions are or may hereafter be pending, shall give such lie publi.. cao.i:, actions preference over all other civil notions therein, in the matter of setting , matte. withi , 90 the same for hearing or trial, and in hearing the some, to the end that all ' be dismissed. such actions shall be quickly heard and determined. Added Stats 10-42 eh 435 11 Not l.ar: Forme: Go► C 141607, as '"•! b3 Stats !,'I eh 1594 1 2 IPA Go•• Coo.; 10�x co•+ CC,"; 11 U 0 120172 _W INS / ��`� PUBLIC CODE § 20172, Forfeiture of security , If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city except as hereinafter provided. Added Stats 1912 ch 46S 1 11. Prior Law: Farmer Gov C 137931. as added by Slats 1949 ch 690 13. Collateral ltefereaccs: r at fur 3d Municipalium J 326. § 20173. Deposit of cash or proceeds The z-ash or 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 Slats 1982 ch 463 § 11. Prior Law: Fortner Gov C 137934. as added by State :949 ch 690 J 3. § 20174. Award of bid to next lowest bidder; Application of lowest bidder's security The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the z' legislative body awards the contract to the second lowest bidder, the amount ~' of the lowest bidder's security shall be applied by the city to :he difference +• ' �• bct%vt:cn the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder's bond if � bend is used. �t • i YF � i Added Stag 198" ch •tut § 11. 1 TT Prior Lava. Former G. % C § 37935, as added by Stats 19:9 ch M Q 3 ++ ' Coll: tact References: •�� �; , Cal 1•_. i,, Mur..t1731•.;tc3,§ 3:9. too ARTICLE 4.5 [Contracts Awarded by Local Agencies for EarthgLake Relief] § 201 ?5. , -%plication of article § 20150. R. ti:tal in bonds § 20IF7. Res-,ren:e to resolution on bond3 1 20188. Rights and liabilities of holders and.takers of toads : t § 20195. Application of article l The provisions of this article shall apply to contracts awarded by local � agencies for earthquake relief subject to Article 5 (commencing with Section r 54125) of Chapter 5 of Part 1 of Division 2 of *the Government Code. r , Ad.'.ed State 1932 eh 461 111 § 20I86. Recital on bonds ' Any resolution authorizing bonds mad provide: that the bonds may recut: tha: it is issued pursuant to this chapter and bonds containing such recital are conclusively deemed .alid and issued in conformity with this chapter. ' Added scats 1982 ch tt,! 111. r. !"1* ;hO coat Garwj � t v PUBLIC § 20187. Referent incorpor..- Added Suts § 20188. Each ul-.. Coupons; chapter Added Sta•s I § 20190. § 20191. 20192. t; 2G:90. 'rhe pro Mvnicip_: Section l,` Aced Stats ' 6.20191.. An.., Ziitr :+th�r t ck ble irs.r .. A ist'd .. lion," I lr " AdJcd Sta:s 1 Pr'.. :-&%: is, ,:.... • P r, § 20192. required Wheneve: garnpe of :.. tK;.::1a4.. i�c C.,