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L & H Construction Company - 1982-07-19 (4)
t aw + +� CITY Ott ti SAIL HUTTUN City Attorney August 31, 1983 David A. Pines, Esq. STRANTZ, SOBELSOHN & ELKIN • OFFICE OF A T T O R N E Y- Z000 MAIN STREET HUNTINGTON BEACH rALIFORNIA 920" 1605 West Olympic, 7th Floor Los Angeles, California 90015-3897 Re: L&H CONSTRUCTION, CC-581 Dear Mr. Pines: TELEPHONE (71E) 9304"3 This is to confirm our telephone conversation of August 30, 1983. The following is a list of my concerns�or items that I agree with you: 1. On May 31 1983, I agreed to the terms and conditions which you set forth in your April 25th letter to me. In such letter you mentioned the release of $12,936.78 being retained by the city on Project CC-581. In your April 5, 1983, letter addressed to Bruce Gilmer, an engineer employed by the city, you state he city retained and withheld stop notice money of $12,936.78. At a later timer after communicating with the Finance Depart- ment of the city I discovered Lhat the retention monies with- held by the city amount to $12,863.88. The original contract with LEH Construction was for $128,638.78, and 10% of that is $12,863.88, and upon discovering this discrepancy, I informed you immediately by letter dated August 9, 1983. 2. Subsequent to our agreement, which I signed on May 3, 1983, I was informed by the City Clerk's office that L&H Construction had not filed with the city a one-year warranty bond. Reten- tion monies withheld by the city cannot be released until such warranty bond is on file with the City Clerk. Since L&H Con- struction has assigned all of its rights to Fremont Indemnity, Fremont Indemnity also assumes the obligations of the assignor P.s well as the assignment of rights. Therefore, it is my con- tention that Fremont Indemnity must file a one-year warranty bond with the City of Huntington beach as a condition: to the release of the retention monies. The Notice of Completion was filed in the Orange County Recorder's office on January 28, 1983. Therefore, the termination of the one-year warranty bond would be January 28, 1984. 1 a David A. Pines, Esq. Re: U H Construction August 31, 1983 Page Two 3. Your client, Fremont Indemnity, can either supply said war- ranty bond to the city, or wait until January 28, 1984, at which time the withheld retention monies can be released to Fremont Indemnity, uport demand, provided that there are no other conditions existing which I do not know about or cannot, foresee at this time. 4. It is my contention that the prime contractor is obligated to file with the city four bonds, which are: (1) Performance bond to guarantee the job will be completed if the contractor does not complete the job. (2) Labor and materials payment bond which guarantees sup- pliers of labor and material shall be paid if the contractor fails to pay them. (3) A one-year warranty bond which in effect states that one year from when the Notice of Completion is filed with the County Recorder, such bond warrants that latent defects in labor and/or material shall be covered by such bond. (4) A monument bond. It is my contention that L&H Construction has not filed with the city a one-year warranty bond. L&H Construction has filed a per- formance bond. It does not imply that the. one-year warranty bond is incorporated in the performance bond, unless the perform3nce bond expressly states that it does. It has just come to my attention that the Certificate of Comp?fan:e has not been signed by L&H Construction Company. The Certificate of Compliance is required to be executed prior to release of the retention monies. This should be no problem, because Fremont can sign for L&H, and Engineer Bruce Gilmer informs me and has informed the City Clerk that all requirements have been complied with and all that remains is a signature on the Certificate of Compliance. Thank you for your cooperation. Very truly yours, 1 v J ES GE.ORGES puty City Attorney JGros cc: Alicia M. Wentworth, City Clerk w' Brucfi Gilmer, Public Works Dept. Judy Jahn, Finance Dept. MAILGRAM JFRVICE' CE�'ER MIMOLETOMN. VA. 2Z! `±Western 0 l•w6536080 63 8310*4%43 IC1 IPMANCI CSP.SNAA, 1133637596 MGM TORN Loa ANGELES CA !tQ 03w94 95010 E4T A !►L IC I A WENTWORTH CITY CLERK ., CITY OF MUNTINGTON, BEACH 2P0!! MAIN AT MUNTINITON BEACH CA 91044 RENARDING FREMONT INDEMNITY COMPANj, PRINCIPAL L AND M CONiT CTIQNI BOND 08212831# PROJECTS STARM DRAIN C4ANNEL LINING, CONTRAC NCCQ 581s OUN FILE 48660750 .—�- �" DEAR MS WENTWORT► O PLEASE BE ADVISED THAT TH13 OFt`ICE REPRESENis I!"EMONT I(f)EMNITY COMPANY REGARIING THE ABOVE REFERENCED 9MNR AND PROJECT. NT INDEMNITY MEREDY HAKES DEMAND THAT ALL CONTRACT FUNDS BE FROZEN AND NONE 0189URSEO WITMOUT FIRST tSIVING NOTICE ANC GETTING WRITTEN ACCEPTIO FROM THC SURETYs FREMONT INDEMNITY COMPANYs YOU MAY CONTACT ME AT AREA COOS 213 38307508 Td DISCUSS FURTMER. YOURS VERY TRULY# DAVID A PINES ATTORNEY_FOR FREMONT INDEMNITY COMPANY tees NEST OLYMPIC SOULEVARD BUTTE 700 LOS ANGELES CALIFORNIA 90015 folio EST MQMCnMP L-j p F+ f rr n TO FIEwtY BY �u 6ya-f O�Md`E I L VW 'jllY�'ti jD xi a19HlJ.t1t1H OAAIA�7ti ,..�w•ww, iNt M*GM ON PON WESTERN UNION'S TOLL • FREE PHONE NUMBERS Notice 0 F . 0. ,Box 19 `iu_nt„z.,nt; (YltWk Body or L.ratier) . Of!'ritie Job —tide rr" of1w of conerollsr, now, or other pAft diabttrdiag of m whale ditty it is to make Fq%mm uadalr providotw of the ooetraat.) (If hirete Job — !'M with reepood is ofticer or F MW at oftke or branch of eoaetrrrWn iend+or aMduirtrsialt do ooadmedon fuadd.) Prism Contractor: _.L... M Contractor (if Any) 4w1Wr or lublk Body: lmpa+owtmw known m . @ad erg of m 00 or want of ftWft W m W) Between SdinQer Ave, 9..,Unter - Dr,Lyr, _ ,....�.— br dw Chy o f ., Huntiagtna Braah... , COWAY of 0 r a n it e , _ - dtate of California. U S Rentals+, Inc.-H.R. _ , �a orng (+C�aiMM$) f CmrPW h .+� r 1we rr�ao.sl�rJ f`trniahet: certain labor, servkaa, equiptttent or matedak used in die above deembed work of baproreerrent. The name of an pert.. or corrrpany by whom daimaat was employed or to whom chMmat titertidahed labor, aert�loe, equipment or msteride is Alensgn C o n s jruFtLo n ,.,._ �.. (hir,�r of A�1ca�drC�or Cb+rrnrer�er /rill+►) Tire kind of labor, service, equiprrrsnt or materials furnWwd or agreed to be funddwd by ddmmt was �..,..�.�... b1 i s r. e l j ?.n�4a s r en t a-1 �.93.i2111�J1 t- ..---., ,_..._..�.._ (oOW+• IN Total value of labor, service, equipment or materials agreed :a be furniahsd .......... S 1257.62 Total value of labor, awake, equipment or materials actually furrliatred is ........... S 1257.62 Ct%* for materials retu►-med, if any ......................... ... i - L.-- Amount t4dd on account, if any ... ......... .... .............. Z Amount due after deducting ad just credits and offsets .................... S..12 5 Z , 6 � YOU ARE HERE4Y NOTIFIED to withhold auRkient monks held by you on the abote deacrtbed f, cod to rlatkfy claimant's denm%d in the amount of x 12 S 7 - 6. 2 . as provided in Sectim 31 Sb thm 3214 of the Chit Code, and in addition thereto :urns sufficient to cover m terest, court roets and remonabls Cow of litigatsan, as provided by law. A bond jS n9t attached. (bond requited on private jobs -- not on pvblie jobs.) !h W) Date - 3 " 1 1-83 �.. Name of(laimant if S Rentals, Inc . -litgn Beach (lam hmi�rr) BY ' Credit Mann er 10lnarr cvfthrl Vemrta.006 r r ftmWWWP aK VaMmaea Nr Cap "Ma Soft 0wwa364 STATE OF CALWOMA STATE OF CAL FOPI A C UM'iY OF SS. COUNTY OF SL Orange Leona King...._. �.. (Cbmr f er iteprnasxaWMI (C4hmwt tW'RjF A'4 Wft fb* d■y ewe►ra &pvew be bg tart d* swoca Credit A2~. AV 11.1rewr) t0 * of of l i S R e n t a I g mom as dWWmW b tr to Chas: dot he W aged aid iio send laps go at+ omm Mar+ii, wart then ells taw dwell volts! era aw. K i M*md d aid mom to bads ae ahle IJO+N"00600`7 raw mom tr tbs. +dra wowing fire retr4+" .w: dWL ...M ,■.rsrs t wstej wM .. t�.r s� attic,. _w irl rind ,add Claim MA tcmre+•t tfrr tarMesar�and that w dwta sl�r�irl atmitai aim'tm�1. , x S-60 a eii aN d t}rea* to bd= m day rt..,_._._...._..�. ice(_., .•i--. i1..— s� 51FT UL Ste►., �1tA MA411 JOMIM OMIIIQ MuNty or wna, Mora MAI ] I. ion apt Orwad ilf abaw noelw mad" i till 0241 Ca.9024 ach,Ca. 92647 no" POW 4 W". tip r POIW RNA � ov STOP Nona DECAL NOW TO wl'1 MW COiM! Fin$ F*bk M MOM Wei City of Huntington Beach Mom M now. $Wk W* ar "WWWW" %W 0116+11 Post Office Box 190 iA llm. If mow" is a bM or "Opp ow b" ow., w Mrnw of we" Iw oq boo Huntington Beach, CA 92648 (CM. vW4 84W tip) 77 Channel Poo 0- N/W Corner of Nuntin onnCenter Huntington Beach, CA t,-'�KA48 (aw. VAN Aid tle) TAKE NOTICE THAT ECCO Equipment Corporation (ems M IM Wre or nnr sWuNoa Is MM M111r. thssmd aw1ve+t Ma" ass IM Mow OWN ~ aw W* I M"M h lssswo AM et Ant is .11117North Susan Street, Santa Ana, CA 92703 04*w of WON or lm ririWsi MP Now) his Whrnled labor arid fumished materials for a work of improvement describW n follows: Channel Lining C5-3C2 N/W Corner of Huntington Center Parking lot, Huntington Beech (wow Mar 1M%M of IM p*4rd am" "t K st 0W*h .we to*dm ) The bbor and materiak furnished by claimant are of the followtne gteerat kind: John Deere 490 Dozer and Warner Swasey G800 Gradall as directed by contractor. The tabor and mAtrials were furnished to or for the 1..4; awing party; L and H Construction 12315 Woodruff, Downey, California 90241 (Uwe N Mm oM Sent rlrs wrt a 0110, all) The value of the whole alttount of labor tad materials agrttd to be furnished M (Tsai is S 1so 075 50 rwryWi.t elsiw•f Ktwd M sa�lnetd b rrnis*) The glut of the labor and materials furnished to Cite is $ claimant has bete paid (Twsl "1" d "@1, lot "twill rwMMW r1 dhia"t) It* sum of i 7 f 8115.75 and there is due, owing, and unpaid the sum of $-- 81 ��9.75 torthr (Total 90"o w►.d Ms brs peed to sNuwot) MOW&" M 10 sM~I M IN ilo1-M one month October 82 with interest at the rate of _%per atlN0 . 19 (I01pru se uMhol i. swt.stt If P"S. le"I nts is 7%) (Dow oboe a„ said talaw Woo* /w) You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that ctamtant claims an equitrble lien against any catistr inn funds for this project which are in your hsMs. r"\ 161075- J f iRM ItAmE; I ECC O ;_r--A_ ,VM-=-_'JCL-- , ... By: `' M000i M o wt 0 AP sta.aat am 044 Mrr and owih M1w) VERIMATION 1, the wdersigmd, uy I am the Agent of \J tht clrlMwt of the fwgodng (..inw wI al". •.Ms.Mw of". -A Mrlow d". "00ow d." ski Slop Notice. I !live rand said Stop Noto and tutow the =mtents Owtof; the saim is true of my own knavle*t. I declare vrlder penalty of Perjury tlrelt IM twegoing is tyre old cared. Esecuted on —Aa rc h 10, . 19_83, #1 A Santa fw , Ililwl eta w ftwo M s1 Ma► mel o" we Mw) M Ng'Yt# W Safi PM CQMf' M FORM 107 r- Q ISM 9y MUM W0.1r.. WA O1sr%W An, In ftft. Cah* is — tllSl tlM 171 Sped Letter, To Cif of ffuntington 'P�'6ach From ECCO Equipment Corporation Post Office Box 1�0 141? North Susan Street Huntington Beach, CA __g:Z648-� Santa Ana, CA 92703___� Subject Channel Lining C5- SC2 _ L and H Construction MESSAGE DatQ March_10 83 Dear Alicia Wentworh,_ _ On January_ _28, 1983, _ECCO_ Equipment Corporation_ filed a Stop Notice dated January 26, 1983, with the city. After doing so we noticed that the verification section of the Stop Notice had not been signed. We are submitting an additional notice to cover this. Pleas;- initial and date the enclosed St e Notice and send me �a gopv. Y-u rs truly r le j Gary- E. ohrlan I REPLY Date —] Signed Vllllon Jon#-{ cortP arty C . • . +1•rw l v • '. 1 y.. tIECIPI£NT---RE`AIN WHITE: COPY, F;ETUAN PINK COPY ARSi. FORM 1 C III•. ��J STOP � v pry LEGAL 110"a To rMMN10tS IWO AIMf1's �•lc � c���� 011�" or FWVWe wedo TMI City Of Huntington Beach PAM � WINK. aasila titer Of 00010 t M %W Poet Office Box 190 VAMM. it ON" to a h"A or WON" tw tnrt ataa.. M won" tot .4 b"" tt•>r1 Huntington Beach, CA 92648 mov: arw w 941 MINI, I, Channel Lining C5-SC2 tfaawl N1W Corner of Huntington Center IAallrtaal Huntington Beach, CA 92648 ow. arts aw rw TAM NOTICE THAT E'CCO Equipment Corporation (Maa t r r tills Dow « hnt etotmiq ** 00 *On. Usw.e taatrae6rs ftW art ats MM WWW alridl ttiatrtanw't Mew M Mtertq 1417 North Susan Street, Santa Ana, CA 92793 UMwu at wow w am **" a* wow! Channel Lirtin C,' SC Ms rtrlerined Wo' and funiished o wterials for a wworn of improvement desulbW a feftews: _ N1W Corner of Huntington Center Parking Lot, Huntington Beach (na.o t.r ft"tum .t w. Point wMn opt « waltr+ola mat *wWolve Ttle labw sod matriets fw4shed by clrimtant sit of the following general umd: John Deere 1150 12,_iZernd Warner Swasey G900 Gradall as directed by contractor. tr.w - W aaaa Ww" of wwt aatr 4.san44 laraiUrutl The tabor and maftiials were furnished to or for the following party. ___L sind 14 Constractimnn P319 Woodni ff. T)owney4 _Gajj fa= A 9OP41 (rMa/r It tomy M• woo we owt M raalanaltl \ The value of the whole kmowt of labs and matelu ;s stretd to be furnished is s 16 -9015. 10 -_ Rtt r of tw w"iq C*ftaat oCst v atab*cw to tann►M1 The value of the labor and materials furnished to date is S__ 16 t 0 7 5.50 _ . Claimant has beets paid (fatal mica at Imp all rctrtry tarwoaut by tiaireat) the wm a S_ Z.L" 5. 715' _.. _ m4 theft is dot, owing and unpaid the sum of S R ; 929 - 75 wr tow (real 6~1 araKe* Ma Sara a+la ea ax.r►..ati tettaa" ba to ettrwoat as eta MM+� __one montli _October 82 with inlerest at the rats of __ _. .. %per awim from 19 (Ivbm at n yaal.aa is aatra<t It sari, total rat. n 7%) Moo a►aala aapid balaws Irowno 1)aa) You are required to set slid, suff►ci;.xt funds to satisfy this claim with Interest. You are stso notified that clahad claims an equitable lien against 3rly constructron toads for this project which are to rote hands Film w at: ECCO E ui ens arnor ti-)n a•..t +ta BY! ( w Kaat 7r sea► aa>t+aa klairuat a►art imam tan aM nmfr kiwi VERIFICATION 1, the undersivied my I am the President of the clelmant of the foregoing r•'havftai W'•.waasar arc .:�i ar w► M". "drw. arc" sac ) Stop Notice; 1 hart read sod Stop Notice aM ►row the contents thereof, the some It true of my ewfl hndwledge. I declare w4tr penally of perwry the the fuegeiag is five and corned. Emceed on M January 26 _ . 19 83 . N Santa Ana new. ew 05"No l on are.■a obw at .w sk" 21110 me" fliar►trn Atiraaail al aft IN"" woo MANOR am $Mwe to am too" err Woo M UK PM ccwAftIt1't MM1;1>klClwDldf MW 167 — 0 Jiro 4 M11trM 111M#, K. AN Otwrfrtai A". In #40110L C*011TWA — 2131IM"?J as Sepeed Lefter, TO— City of Huntington Beach From ECCO Equipment Corporation Post Office Box 141.7 North Susan Street Huntington Beach, CA 92648 Santa Ana -,—CA 92703__._— Subject. -- Channel lining C5-SC2 L and H Construction I MESSAGE Date January—kt-5-19-0-- Dear Alicia Wentworth,_____ Enclosed find a Stop Notice for your Channel Lining project C5-SC2 that was constructed by L and H Construction. In October 1982, we supplied equipment to this Jobsite, as of this date we have not been paid in full. Please initial and date this notice and send me a copy. Yours truly., C= Vb W. &=U-W t Gary Raiman 43 W 0: S. J REPLY ZData c pned Wi!san .Jones Company SECIPIENT—RETAIN WHITE COPY. FIETURN PINK COPY STOP NOTICE MITI TO WMWJ TO W19 FOOS TO• CITY OF HUNTINGrON BEACH, OWNER, ?PUBLIC WORK .DEPARTMENT, — (Nlm of Cow canstrocl* Itnder or public oAt er) POST OFFICE BOX 190, Huntington —Beach, CA. 92648 , UDC OF FUMDS• (Ad*m of cow or tonstnetiot• Under) YOU ARE HEREBY NOTIFIED THAT the tasdensigned clainrnt, V.C.P., INC..13207 San Fernando Rpad, 9yl tz . CA 91312 (Nan+e aed addreu) bile furlslatpd a' hart aRraed to turnisa Labor,, concrete and equipment (labor, urvicn, equipment, ngttrials) of the fotlo kind concrete in channel lining,_ on C5-9(a. Channgil CC581. , Igsat►al description of labor, strviets, "Nipnrwt or m luiels) to or for L & H Construction ,for the work improremert, located at, at known ra: (name of person to or fx whom fwnished) 12315 S. Woodruff Ave,, Downelt,. ,A, 90241 (address, lent description, description of'At or projett identification) 'The amount in value of the whole agreed to be done or furnished by rltimant is 15Qr.265 , 96— 'fhe amount in value of that already done or furnished by claimant is S. 50t265.96 Clamant has been paid the sum of $ 0 — and there remains :ue and unpaid the sum of $ 0, 263. 96 phis interest thereon at the rate of1(L.—per cent per annum fr*T. Nauemb'r.._2-1— 19 g2 -- YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT f JNDS TO SATISFY THIS CLAIM WITH INTEREST. January 21, 1983 V•C.P., INC. 117M of clai"t 13207 San _Fernando RSt�S� Am -cis of Clsiffimt Sylmar, CA. 91342 STATE OF CALIFORNIA LOS ANGELES ss• CHARLES SANDRINI , kvq dWy amm deposes and says: Pat ..._he is the peml(yj who signed the foregoing Stop notice; that tie has read that rime and knees the contents thereof to k true 0 h is an knowledge, except as to any matters or things that may therein be stated in tt____ infwNtion and belief and a to these matters and ttwngs _J* believes there to be true. s;!raliar OW tlwerrn Is Mfrrt ase 21st 6yg January19 83 2 •r' art'?.,^� aprm 7Wft~sod .� ��R(W` akPOW �4WA. 1Cr•lawyo1"we rmw r+��igir ova--+�►. s�.�►s "7 rT• r'i�•?fSd.t.x h..«"t n'.:, i. > `, •i:r�PM- —.� w NM'/MN�` ++�_ _�•r—�AA.w�P'�'�� '.._ 581 • ;U3CALLY FUNDED AUG .10 1982. PUBLIC WORKS CONTRACT THIS AGREEMENT, made and entered into on this 19th day of July , 1982- , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and L & H CONSTRUCTION, A JOINT VENTURE. a(corporation/California corporation/partnership association/ individual) (Circle one applicable.) hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project (herein as PROJECT) more: fully described as construct',on of the C5-SC2 reinforced con-zrete storm drain channel lining: between Edinger Avenue and nr:nter Drj -e, in the City of Huntington Peach, California: CC-581, wo r1c , WNER,EAS, C011TRACTOR has been selected and is to pet�forr., said 1101-1, THEREFORE, in consi :aeration of the promises and agree - meets hereinafter made and exchanged, the parties covenant and agree as fol..l rjws: 1. STD{TEMENT OF WORK, ACCEPTAi:CE OF RISK CONTRACTOR shall furnish, at his own expense, all labor, plant, tools, equipment supplies, transportation, utilities and all other items and facilities necessary to complete and construct, in a good and workmanlike manner, PROJECT. ,*SA: s •/9/ 2 l . CONTRACTOR agrees to furnish al1 said services and materials contemplated and embraced in this agreement; and assume loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements, and from any unforeseen difficulties which may arise or be encount- ered in the prosecution of work and for al.l other risks of any description connected with the work; and all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are expressly stipulated to be borne by CITY, and for well. and faithfully completing the work within the stipulated time and in the manner shown and described in this agreement and in accordance with the requirements of CITY under them for the com•- pensation set fortis in its accepted bid proposal. However, the total compensation to be paid is to be com- puted on the basis of the units of work as it 1:3 actually performed in accordance with the stipulated prices named in the Bid Sbeet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK, ,SPECIFICATIONS CONTRACTOR acknowledges that he is fully familiar with all the terms, conditions and obl igiations of the Contract Documents, . as hereinafter defined, the location of the jobsite, and the con- ditions under which the work is to be performed, and that he enters into this contract based upon his investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is further agreed that the Contract Documents are incor- porated in this contract by this reference, with the same force and 2. • effect as if the same were set forth at length herein, and that - CONTRACTOR and its subcontractors, if any, will be and are bound by any and all. of said Contract Documents insofar as they relate in any part or in any way, directly or indirodtl.y, to the work covered by this contract. "Contract Documents" as defined herein mean and include: A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY's standard plans and specification, and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council. of CITY and any revisions, amendments or adejenda thereto, the 1982 edition of Standard Specifications for Public Works Construction, published by Luilder's flews, Inc., 3055 Over- land Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders, and the Contractual Proposal.; E. The project plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of dispute 3• .. .... ;.- vim, • -.• ,r .. • , or Inconsistency between any plan or specification, the matter shall be immediately submitted to the Department of Public Works of CITY, hereinafter referred to as "DPW," without whose deci:3ion said discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expense. Should there be any conflict between the terns 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 said terms of said bid or proposal which is in conflict herewith. E 3. COMMENCEMENT OF PROJECT } CONTRACTOR agrees to commence the project within 10 calendar days after notice to Proceed is issued and shall diligently prosecute it tc the completion within 60 calendar days from the execution of this contract by CITY, excluding delays provided for in Section 16 herein. 4. TIME OI" THE E.SSENCF. t Time is of the essence of this contract. CONTRACTOR shall 4 prepare_ and obtain approval as required by the Contract Documents 4 for all shop dvawings, details, samples, and do all other things necessary and incidental to the prosecution of his work in conformance with the said progress ucheJule. Ile shall coordinate the work covered by this contract with th^ t of all other contractors, subcontractora and of the CITY, in a manner that will facilitate the efficient com- pletion of the protect and in accordance with Section 3 herein. CITY shall. have complete control of the premises on which the work is to 4. be performed and shal.1 have the right to decide the time or order in which the various portions of the work shall. be instal.l.ed or the priority of tM work of other s;ibcontractorts and, in general., all. matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises. 5. CIIA110F.S COh`THACTOR hereby agrees to make any and 01. changes, furnish the materials and perform the work the DPW may require without nullifying; this contract. CO1l:'RACTOR shall adhere strictly to the Plans and Specifications unless a change therefrom is nut:horixr:c'. in writing by the DPW. Under no condition shall CON- TNACTOR I:,ake any cbarig;es, either in additions or deductions, with- aut the written order of the DPW and CITY shall not pay any extra chn rge;j inade by CONTRACTOR that have rot been agreed upon in writing by the DPW. r.;OMIRACTOR shall submit immediately to the DPW wri t i`.en copies of its fi rm's cost or credit proposal for changes In the work. Disputed work shall be performed as ordered in writing by the. DPW and the proper cost or credit breakdowns therefor shall t,e nubmi ti:ed without. delay by CONTRACTOR to DPW. Nu work, services, mnterial , or equipment shall be per- rori;jed or furninhed under this nE,reement unless and until a notice to proceed han bprn Klven to the CMITRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed in issued. In event of a delay in commencement due to ouch unavailability, relief to the CONTRACTOR shall be limited to a time extension ertunl to the fie -lay due to such unavailability. 5. 7. BONDS CONTRACTOR shall, prior to entering upon the performance of this contract, furnish bonds approved by the City Attorney: one In the amount of one hundred percent (100%) of the contract price, to guarantee the CONTRACTOR's faithful. performance of the work and to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of fifty percent (50%) of the contract price, to guarantee payment of all claims for labor and materials furnished. ,such warranty shall apply to all work done under thin agreement, including but not limited to any workmanship, installation, fnbrics:tion, material or structural facilities construeted. COM'PAC'iOR, within ten (10) days after notification by CITY of any defect warranted hereunder, may at its option make nppropriate repnirn or replace the defective item or items. 8. CALT 1101`111A FA IP EIMPLOYtIF11T PRAC'I'I Ct;;a AM' CONTRACTOR agrees to comply with all requirements and utilize fn i r employment prac ti cen In accordance with Cal it'ornin Labor Code Sectionn 11110, et neg. �. CALTpnF1IJIA Yfif?WAILING WAGE LAW The CI`i'Y lean ancertained froin the Director of Industrial Relations of the ;'ta to of Cn 1 i fornin the general prevailing rate of per diem wagen find the I;eneral prevai 1 ing rate for legal holiday and overtime work in the loenl it,y in which the work in to be per- formed for each craft or type of work needed to execute this con- tract, and the same has been net forth by resolution on file in the h. E office of i;�e City Clerk of CITY. CONTRACTOR .agrees that not leas than said prevailing rates shall. be paid to workers employed on this public works contract as required by Labor Ccde Sections 1.771. and 1.774 of the State of California. In accordance w1th the provisions of Section 3700 of the Labor Code, CONTRACTOR further agrees to secure payment of compensation to every employee. 1.0. CALIFORNIA PREVAILING WAGE LAB'! - PENALTY CONTRACTOR shal.1., as a penalty to CITY, forfeit twenty- five dollars ($25) for each calendar day or portion thereof for each worker paid (either by hire or an;; subcontractor under him) less than the prevailing rate set forth herein on t)-e work provided for in this contract, all in accordance with Sections 1774 and .1775 of the Labor Code of the State of California. 11 . PAYMEM' Or TRAVEL AUD SUBSISTENCE ALLOWANCE Section 1773.8 of the Labor Code of the State of Cali- fornin, regarding the payment of travel and subsistence payments, Is applicable to this contract. 12. EMPLOYMEI"" 017 APPRENTICUS Section 1777.5 of the Labor Code of the .State of Cali- . fornia, regarding the employment of apprentices, is applicable to this contract. 13. E.IGIPI' }IOUR LAW In performance of this; contract, not more than eight (8) hours shall constitute a day's work and COti:`RACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph g above. 7. :L":l�7Y[: ". .. i�.. �.�r�R!*7�'M..� .-7'...-�+n�T'M1r`Y.f!'s.. -. r.r-.-...rps��e-..p.•.... .....-..-.�.�....--� , t..rir -- —_ � �Y+... .�A. ...NM r .. CONTRACTOR shall. conform to Article 3, Chapter l., part 7 (Sectidns 183.0, et seq.) of the Labor Code of the State of California, and shall forfeit to CITY as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the contract by "MrRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. CONTRACTOR shall. keep an accurate record showing the name and actual hours wo-rked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the project. 14. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classifica- tion, straight time and overtime hours worked each day and week, and the actual per diern wages paid to each journeyman, apprentice or worker employed by him in connection with the project, and agrees to insist that each of his subcontractors do the same. CONTRACTU further agrees that his payroll records and those of his subcon- tractors, if any, shall be available to the employee or his repre- sentative, the Division of Labor .standards Enforcement, and the Division of Apprentl ceship .Standards, and shall comply with all of the provisions of Labor Code ;section 1776, in general.. 15. INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is, and shall. be, acting at all times as an independent contractor do e herein, and -not as an employee of CITY. CONTRACTOR shall. secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unem- ployment compensation and other payroll. deductions for CONTRACTOR and its officers, agents and employees, and all buoiness licenses, if any, in connection with the services to be performed hereunder. 1.6. LIQUIDATED DAMAGES It is agreed by the parties hereto that in case the total. work called for hereunder in all parts and requirements is not finished or completed within the number of calendar days as set forth in Section 3 herein, damage will be sustained by CITY and that it is and will be impractical and extremely difficult to ascer- tain and determine the actuvil Manage which CITY will sustain in ;see event of and by reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the sum of One Hundred ` dollars ($100.00 ) per day for each and eery working day's delal. in finishing the work in excess of the number of working days prescribed; and C014TRACTOR agrees to pay said damages herein provided for, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. C0NTRACTOR will be granted an extension of time and will not be au,,essed wi':h damages for any portion of the delay in corr;- pl etion of the work due to unforeseeable causes beyond the control. and without the fault or negligence of CONTRACTOR, including but ,not restricted to acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, and unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall. within fifteen (1.5) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the contract) notify the DPW in writing of the cause of the delay, and CITY shall extend the time for compl.eting the work if, in its judgment, the findings of fact thereon justify the delay, and its decision is conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or com- pletion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials, if raid materials are required by this contract to be furnished by CITY, or by damage caused by fire or other casualty for which CONTRACTOR is not respon- sible, or by the combined action of the workmen, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall he extended the number of days that CONTRACTOR has thus been delayed, but no allowance or exten- sion shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof and including without limitation, the furnishing of material by CITY, or delays by other, contractors, subcontractors or CITY will be allowed and said extension of time for the completion shall be the sole remedy of CONTRACTOR. 10. 16. DIFFERING SITE CONDITIONS (1) Notice. The contractor shall. promptly, and before such conditions are disturbed, notify the DPW in writing of; (a.) subsurface or latent physical. conditions at the site differing materially from those indicated in this agreement; or (b) unknown physical. conditions at the site, of an unusual. nature, differing materially from those ordinarily encountered and gerteral.l.y recognized as inherent in work of the character pro- vided for in this agreement. The DPW shall promptly investigate the conditions, and if it finds that such conditions do materially so differ and cause an .increase or decrease in the time required for performance of any part of the work under this agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement mod{ ff-�,d in writing accordingly. (2) Time Extension. t!o claim of the contractor under this clause shall be allowed unless the contractor has given the notice requited in this clause; provided, however, the time pre- scribed therefor may be extended by C111Y. 18. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to any additions or deductions as provided in the Contract Documents, the sum of One Hundred Fifteen Thousand Five Hundred and Ninty-Five dollars ($115,595.00) _, as set forth in the Contract Docu- ments and provided for in Section l herein. I 1l. ------------- 1.9. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will. not govern final. payment. Payment to the CONTRACTOR will be made only for the actual. quantities of ccntract items constructed in accordance with the plans and specifications. Upon completion of the construction, if the actual. quantities show either an increase or decrease from the quantities given in the bid schedule, the contract bid price will pre- vail subject to the provisions of this Article. Equitable adjustment in payment will be made upon increases or decreases in costa due sol.el.y to the variation in quantity above or below the estimated quantity when warranted by the rants and circumstances. If the quantity aria- tion is such as to cause an increase in the time necessary for com- pletion, the DPW shall ascertain the facts and ..,ircumstances and make such adjustment for extending; the completion date as in its judgment the findings justify. tdo claim by CONTRACTOR for an e.{uitable adjust- ment in price or time for completion shall be allowed if assertee, after final payment under this agreement. 20. PROORM.S PAYMFNTS Each month, the DPW will make an estimate in writing of -the work performed and the value the vtflof, From each prrigress estimate, ten percent (1000) will be deducted and retained by CITY, anC the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. If CONTRACTOR has, in the judgment of the DPW, faithful.l_y executed fifty percent (50%) or more of the work as determined from the construction schedule, and if the nPW finds that satisfactory 12. I i progress has been and is being made, the CONTRACTOR shall be paid such sum as will bring the payments of each month up to one hundred percent (1000) of the value of the work completed since the commence- ment of the work., as determined by DPW, less all. previous payments and less al.l previous retained amounts. The final. payment, if unencumbered, or any part thereof unencumbered, shall. be made thirty-five (35) days after the acceptance of the work and the filing of a. Notice of Completion by CITY. Payments shall. be made on demands drawn in the manner required by law, accompanied by a certificate signed by the DPW, stating that the work for which pay- ment is demant. I has been performed in accordance with the terms of the contract, and that the amount stated in the certificate is due under the terms of the contract. Partial payments on the con- tract price shall not be considered as an acceptance of any part of the work. 21. WT !,�}��;.EI n CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall. retain beneficial ownership and receive interest, if any thereon, CITY shall. permit the substitution and deposit therewith of securities equi- valent to the amount of any monies withheld by GITY to ensure per- formance under Section 20 of this contract. 22. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this contract, CONTRACTOR shall. file with the DPW its affidavit stating that all workmen and persons employed, al.l firms supplying materials, 13. and all subcontractors upon PROJECT have been paid in fu:l.l., and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 23. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final. certificate shall 'constitute a waiver of all claims against CITY under or arising out of this contract. 24. lt;DEMNIFICATION HOLD IIARMLESS ; DEFENSE CONTRACTOR agrees; to protect, defend, :indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, Including demands arising from injuries or death of persons, Including death or injury to COMRACTOR's employees, and damage to property, arising directly or indirectly out of the obl.igaticns herein undertaken by CONTRACTOR or out of the operations conducted by CONTRACTOR, save and except those which arise out of the sole negligence or sole willful mis. conduct of CITY. CONTRACTOR will defend any such suite at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorneys fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded CITY by a court of competent jurisdiction. 14. f 0 25. WORKERS # COMPENSATION • CONTRACTOR acknowledges and undertakes its duty under the provisions of 53700 et seq. of the Labor Code to insure against ]ability for Workers' Compensation and covenants to compl.y with such provisions prior to commencing the performance of the work hereunder. CONTRACTOR shall maintain Workers' Compensation Insurance and otherwise comply with all of the provisions of the I-,'orkers' Com- pensation and Safety Acts of the State of California, the appl icabl.e provisions of Divisions 11 and 5 of the California Labor Code and all amendments thereto; and all similar .State ot, Federal. acts or laws applicable and shall furnish to CITY a certificate of Workers' Com- pensation Insurance evidencing such compliance. The insurer shall. furnish to CITY a certificate of Workers' Compensation Insurance. The provider of insurance shall not cancel or modify any such policy so provided without thirty (30) days' prior written notice to CITY. CONTRACTOR shal 1 further requi re al 1. subcontractors to simil.arl y provide such workers' compensation insurance for al.1 of the subcontractors' employees. CONTRACTOR shall. furnish a certifi- cate of waiver of subrogation under the terms of the workers' compensation insurance, and COMRACTOR shall similarl.y require all subcontractors to waive subrogation. CONTRACTOR's Workers' Compensation Insurance shall be in forms and underwritten by insurance companies satisfactory to CITY. Said insurance shall remain in force until the work under this con- tract is fully completed and accepted by CITY. Said insurance steal-3 not derogate from t•:;e provisions for Indemnification of CITY by 15. CONTRACTOR under section 24 of this contract. CONTRACTOR shalt.; notwithstanding nor diminishing the foregoing obligations, subscribe for and maintain in full. force and effect during the 3.1fe of this contract a workers' compensation liability policy, in accordance with the Workers' Compensation Act of the .Mate of California, of not less than one hundred thousand dollars ($1.00,000). 26. INSURANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including ititomotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies sritis- factory to CITY for: all operations, subcontract work, c�intr�-.ctual obligations, product or completed operation, all owncd. veh:.cl eF, and nun -owned vehicles. Said insurance coverage obtained by the CONTRACTOR, shall name the CITY, its officers, agents and emplc.vees and all public agencies as determined by the CITY as additional. insureds on said policies. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CO1r"'RACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval. of the City Attorney evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will. not be can- celled without thirty (30) days' tfritten notice to CITY. CONTRACTOR 1.. 0 • shall. maintain all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall. • not derogate from the provisjons for indemnification of CITY by CONTRACTOR under section 24 of this contract. Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shal.l subscribe for and maintain in full, force and effect during the life of this contract the following insurance amounts: not less than three hundred thousand dollars ($3OO,000) combined single limit coverage for Items A and B. A. Bodil.y Injury Liability and Automobive Bodily Injury Liability (including non - ownership and hired cars) B. Property Damage Liability and Automotive Property Damage Liability CITY or its representatives shall at al.l tunes have the right to demand the original. or a copy of all said policies of insurance. CONTRACTOR shall pay the premiums on a1.1. insurance here-- inabove required. 27. DEFAULT AND TERMINATION If CONTRACTOR falls or refuses to prosecute the work with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt, or makes an assignment for the benefit of creditors, or becomes insolvent, or violates any provision of the Contract Documents, CITY may give notice in 17. • writing of its intention to terminate the contract. Unless the' violation is cured within ten (1.0) days after said notice of intentions has been served on CONTRACTOR, CITY may terminate this agreement upon the expiration of that time. 28. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this agreement, all. originaldrawings, reports, calculations, maps and other docu-- ment4, aerta Ming to said contract, shall h-- delivered to CITY and become its sole property at no further cost. 29. DISSATISFACTION WITH PERFORMANCE In the event that CIT1Y is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in section 27 are followed, CITY may elect to assume complete control over PROJECT. 30. NON -ASSIGNABILITY 110 assignment or delegation by the CONTRACTOR of this contract or any part hereof, or of funds to be received hereunder, will be recognized by CITY unless such assignment or delegation has had prior written approval of consent of CITY and the surety. 31. CITY EMPLOYEES CONTRACTOR shall employ no regular employee of CI,;'Y in the work performed pursuant to this contract. 32. ATTORI.EYS I FEFS If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevsil.ing party shall ]8. • be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against CONTRACTOR or any sub- contractor to enforce a Stop Notice or Notice to Withhold, whi; ch names CITY as a party to said action, or by reason of which CITY incurs expenses, CITY shall be entitled td reasonable administra- tive and attorneys' fees, costs and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold or any simi'.ar legal document arising out of the performance of this agree- ment. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CIT. to CONTRACTOR under this agreement. 33. ENT IRFL Y The foregoing, represents the entire agreement between the parties. IN WITNESS, WHEREOF, the parties hereto have caused this Agree- ment to be executed by and through their authorized officers the day, month and year first above written. �A�TT ES T : f� Ci t y Cl ark 9 �6 19. CITY OF HUNTINGTON BEACH, a municipal corporation 44i� �_E;;.lYje ?00 -To"Vl� APPROVED AS TO FORM: City Attorney REVIEWED ND APPROVED:�� INITIATED AND APPROVED: City Administrator, Director, Public Works CONTRACTOR: 206 CORROON & BLACK/MILLER & AMES 3600 Wilshire Wvd., Ins Angeles, California 90010 SEPTEMBER 89 1982 (213) 386.2360 Inclosed Certificates of insurance are being sent at the request of our insured. Please• contact uy direct if you require any changes in these Certi'wazlcs. BARBARA V. HOGGE �Rats » Original and Copy corrwWad cutifiate to: CERTIFICATE OF INSURANCE Approm'ed as to Forts: li City of Huntington Booth TO Gail Hutton City Attorney DIV Attorney P. 0. Mte.+ 0. CA fa4ii on 190 CITY OF HUNTINOTON BEACH. CALIFORNIAHunt Co► v 10 PAO Malww a+ter eppm%* A MUNICIPAL CORPORATION Tb* IS 10 ow0ty Chet the P litaiw of irlew Ve a dwoPWW below have b9m i vied So the Mfawed by dw w0d -'Wp Id OW alms in Um K,ok tirRe. 11 thaw pow" are aanw@NW w go -on 1 .4 in wAh a w a►ner that wiN avocet this wrtifiaefe, the Imwwwe ow"Im lty a p e " 21" 10 dtya Pr6w written notke, by WAN. to City of HWVUr*m 8aw01 P. O. BOX 711. Hwitington Baaah. Califamw 9me. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Nownr of Insured L E H CONSTRUCTIGU* A JOINT VENTURE Ad*m of insured 12315 SOUTH WOODRUFF AVENUE, DOWNEY, CALIFORNIA �90241 Location of Work or Operations to be pertornwd HUNTINGTON BEACH FLOOD CONTROL CHANNEL LINING (C5-SC-2 ) Description of Work or Operations HUNTINGTON BEACH FLOOD CONTROL CHANNEL LINING (C5-SC-2) POLICY DATES LIMITS OF L)ASILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. (INS.) Effective Expiration In Thousands 1000) GENERAL LIABILITY IXI COMPREHENSIVE FC:YM :-� 3Q0 CSL IXI PREMISES • OPERATION$ Each Occuranee IXI EXPLOSION AND COLLAPSE HAZARD IXI UNDERGROUND HAZARD GL-42-1081- 10/1/81 10/1/82 WESTERN EMPLOYERS INS. IXI PRODUCTS COMPLETED 17100 COMPANY OPERATIONS HAZARD IXI A IMOSURAANCEi. IXI 11ROAD FORM ►ROPERiY DAMAGE IXI INDEPENOENT CONTRACTORS IX) PERSONAL INJURY AUTOMOBILE LIABILITY IX) COMPREHENSIVE FORM IXI OWNED BA--42-1081- 10/1/81 10/1/82 300 CSL WESTERN EMPLOYERS INS. IXj r1IRED 17100 : COMPANY Each Occurance IX) NON -OWNED EXCESS LIABILITY I I UMBRELLA FORM I ) OTHER THAN $ UMBRELLA FORM WORKERS* COMPENSATION ww ICN-42-0582; 1 5/6/82 5/6/83 $21,000 WESTERN EMPLOYERS INS. EMPLOYERS' LIABILITY I e -I.- nr.a►n A fry Additional Insured Endormt-Awnt: The insurer agrees that tM City of Huntington Beach and its Clay Council, and/or all City Council appointed woups, airamitteas, corrlrrtissions, boards and any other City Council appointed body, mdlor elective and appointive offialrs, sarvwm or amploytias of the City of Huntington Basch, when acting as such are additiond Insure& herraider, for the acts of the insured, and stash insurance sholl be primary to arty insuranm of the City of Huntington D*sch, as their intera t allay appear. Date S._ EPTEMBER 81 1982 I)OURANCE COMPANY _ WESTERN EMPLOYERS INS. CO mmw Ad*m 3660 WILSHIRE BOULEVARD _ aty LOS KRnE175, Miromm90010 AUTHOR —. air;.,-f-� _-r �� a i. r • -.�....r City _ 1.o5 AN ,tr C;, r-ALTFORNTA .90QI .._. ._._.,�.. (213) 386-2360 i1OW HARMLESS AGREEMENT ho be ealea ted by inured) The Insured are" vo Pxoaa L defwtd. indefnniry, nave, anti held hwwAea the City W. Hwor►Stort 1k its offtws, agents, and *"*doYaet 41i60 MY liability, loss. 001114ge. out, or expwm by rwm of any mid all lil WRIy, suits, taieime. daa»aa: ia, jwldgrRertts a,td oawer alt action aeswl by )Rudd, his onploysee, agents a ate► vAboaMnictor or by any third party arlaing out of or in w"""m of the perforl sums of arm or mmlydow or wli::ity fow whirch this oortifiwa of insurance is futrniefied. • 111 l.41a f4eprietors11ir1 171 IMttlaraMp 431 IN Dow ., "OLD MAAMLOU IMWKD: py Illsarlal: : _.,T ' Tkb ,... , IAN omwm shelf be po h0a/ w typed ft ham lf d: Z #2....W, xZ664A'r�...,...rTISM If Cirr>INlMOW,, TM Offtera f"wt SOP, W P!Wwl! OWdsmw of ayllea 4mokw, to bind Cwp ryfloo. 3 FREMONT INDEMNITY COMPANY TN[ rR9MONT DUIla11100 LOS ANOCL[!, CALiroaNIA CALIFORNIA PAYMENT BOND RXECUTED IN TFaFLICATE KNOW ALL MEN 9Y THESE PRESENTS: PYBLIC WONK •' (0-0.3217) BOND NO._a212151 That we L & H CONSTRUC:TION, A JOINT VENTURE ____... . as Principal. hereinafter called the Principal, and FREMONT INDEMNITY COMPANY , a California corporation, duly authorized to transact a surety business in the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH, CALIFORNIA as Obligee, hereinafter called Obligee, in the sum of FIFTY SEVEN THOUSAND, SEVEN HUNDRED NINETY SEVEN 6 50/100THS---------Cottars, $57,797.50 for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain contract in writing, her:inafter called the contract, dated July 19s 1982 for: C5—SC2 REINFORCED CONCRETE STORM DRAIN CHANNEL LINING BETWEEN WINGER AVENUE AND CENTER DRIVE IN THE CITY OF HUNTINGTON BEACH, CA CC-581 APPROVED AS TO FORM'- GAIL HUTTON City AtLsY D©puty city Attornoy a copy of which is or may be attached hereto,and which is hereby referret to, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS that if the Principal or his subcontracto; tails to oay any of the persons nameo in California Civil Code, Section 3101, who are directly employed by the Principal or his subcontractor or who furnish labor, materials, provisions. provender or supplies directly to the Principal or his subcontractor or if the Principal or his subcontractor tail to pay amounts due und:r the Unemployment InsuranceCode with respect to work or labor performed by any such 11 Claimant ", then the Surety hereon will pay for the same in an aggregate amount not exceeaing the sum herin speci- Iced• otherwise, this obligation shall be null and void In case suit is bought upon this bond the Surety hill pay a reasonable attc:vey fee to be fixed by the court. This bond shall inure to the benefit of 'the persons herinabove specified only so as to give a right of ac,ion to such persons or their or their assigns in any suit brought upon this bond. Any notice to Surety shalt be addressed to or served upon it at 1709 west Eighth stle.t . Los Angeles, California. SIGNED. SEALED AND DATED this NTH day of PREMIUM for this bond incltided in charge for Performance Bond STATE OF CALIFOgNIA Cove, T T or _ ORANGE as SEPTEMBER 19 82 L 6 H CONS RUCTION, A JOIN' VgKTURE B t..,ttr op Pal 1Pa FREMO OMPAN'e ATTORNTEY IN FACT CIWEN M. BROWN a., ,.. ►.. _..._..._._ 7TH ctiAT ar SL"PTEM=R .�.— Ir 82 _ arralit .,r HAEURA A N0TAaT 901ryLIC 014 ANO FOR THE COLNT I Afta It •R• 0%90CA AIt: /1(11aI"'I T"I.af.•N Cut T cr1MM•7110041to AND SWORN rC1110NALLT A01114011ea _ tr ■+10wN TO SAC 7Jr76V TN[ ATTO"49V IN.FACt FIHEMONT INDEMNITY �r*sS b iz� r,y. % „�� w,; � COOMPAN• TN CO ON^ ON TwAT a CU O Nr *1TM1N IN1Tat,M[Nt ANb ALSO -�',;';•^a �,� 1t ,��1.. �i� aNDMN Tom T [ 7M r11jON O r O THE •THIN ,NITRUMI/•IT ON pi ✓� u1AL1 OM T r A ♦ T0If11it N AND xNONLIbG(ij t0 uC T►•AT P.�a(t14A 1ucM cap wr NO'. ANY Punt .0 1% 4N1 .•�, �" Il, ::r. l,.,.f. .. I +� FOR TOIL /TA/r nr 1:ALI:OI.NIw uNT♦ O• 7 V �•.. �r i t '`�'a'11�Y.'�`�MSJ•}Yi1; 1'N �sti•:'i','..�i � <ti_�•,;� r FREMONT INDEMNITY COMPANY TN[ FaC14ONT BUILDING LOS AN41CLES, CAL11FORNIA CALIFORNIA PERFORMANCE BONO NXECUTiD IN TMPLICAT2 KNOW ALL MEN BY THESE PRESENTS: PUBLIC MORKS BONO NO. 8212851 That 'we L & H CONSTRUCTION, A JOINT VENTURE ass Principal, hereinafter called the Ptinciptt, and FREMONT INDEMNITY COMPANY , a California corporation, duly authorized to transact a surety business in the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto THE CITY OF HU"NTINGTON BEACHr CALIFORNIA as Obligee, hereinafter called Obligee, in the sum of ONE HUNDRED FIFTEEN THC USAND( FIVE HUNDRED NINETY FIVE & NO/ 100TH8�Ilars, $1150595.00 for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,, jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain contract in writing, hereicaftet called the contract, dated July.19, 1982 lot: C5—SC2 REINFORC EM CONCRETE STORM DRAIN CHANNEEt TWINING BETWEEN E)INGER AVENUE AND CENTER DRIVE IN THE CITY OF HUNTINGTON BEACH, CA - CC-581 APPROVED AS TO FORM: GAIL HUTTON City Attorney aT= Deputy City, Attorney a copy of which is or nay be attached hereto, and which is hereby referred to, NOW. THEREFORE, The condition of this Obligation, is that if the Principal shall well and truly perform the work con- ttacted to be performed under said contract, then this obligation shall be void, otherwise to remain in full force and effect. This bond shall inuri to the bermlit of the persons herinabote specified only so as to give a right of action to such persons or their of their assigns in any suit brought upon this bond. Any notice to Surety shall be .addressed to or served upon it at 1709V*11 Eighth street , Los Angeles, California. SIGNED, SEALED AND DATED this PREMIUM $ 1 t 387.00 7TH STATE Or CALI VORNI A COUNT* Or __SZP.MGE " —day of SEPTEMBER .19 82 L & H Cb CTION, A JO NT V TORE PRINCIPAL FREM N M PANY 13y AT f NEY IN FACT OWEN M. BP.OWN orI T..Ir 7TH _OA„ or 1, 82 OCrOgr Ml ug�A� ppSpEPTEMBER �alJ..�i?ijLTA,lIii1 A NOTARY PUHLIC IN AND FOR TNC COUNTY Ae O STATE AtONCS&OD IA[SIDING IMCRE404 DULY t;0#~1SS1ONC0 AND SV►DRN PERSONALLY APPEARCO OVEN H, 18NN rrrAwN To MC C[ TN[ ATtoPN[Y.IN,1AcT or FREPAO14T INDEMNITY COMPA#4V T ORPDRATION TNAI CA T160 T►1E 1NTN►N INSTRUMtNT AND ALSO , t+r*IC.AII:Cat, �MNONN T [ ra L R[iS N [ CUICC T C hITN11� INSTRUMINt ON N! 1 1 , 1�Rf I DENGEA L� NALt O T CD RAT10 TN AV[D C rcD T 4CMNOwL[DQ[OZO M[ TMAT �y i Suc« al MOT1'TU /Y+�~•W C� �� �t1 �Aa1�iLi COtl�iTy NOTART PUrL.IC 1N •MD "1Qtunt G.-►re14Ft IS IStf ;I FOR T►+t *trTc OF t++1.IroRN A COUNTY ar --- n�=„ ;-�, bum cry X •� w PH,.CITY Or t1ul=1-4- SCN INTER -DEPARTMENT COMMUNICATION To BETTY TINE From WAYNE LEE Deputy City Clerk I Acommting officer Suhject CASH cammCTS Date AUGUST 8, 1988 She following contracts have been paid in full, including any retention monies: CC-700 LJ Pipeline Construction OC-661 Artistic Landscape OC-656 D & H Perry, Inc. CC-581 L & H Construction MSC-256 Blair Paving, Inc. Please note these payments in your contract file folders. WAYNE tXEj, Acxxmting officer WL:skd CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION IIU1fIhGll'Ni RtKI{ • To Robert J. Franz From Judy John Chief of Administrative Services Accountant Jr. Subiect 10% Retention Date The conformed copy of the Notice of Completion foi the above contract has been filed. The thirty-five day waiting period has elapsed. I, therefore, recommend payment of the 10% retention so long as no stop notices ur outstanding invoices are on file with the City. . Judy John Accountant Jr. I certify that no stop notices are on file on the subject. contract at ibis time. Date: Paul Cook Director of Public Works 1 certiFy that no stop notices are on file on the subject contract and that a guarani, bond has been filed. Date: Alicia Wentworth City Clerk 1 certify that there are no outstanding Invoices on file. 10 11014 P Warren G. Hall City Treasurer Fv CITY OF IHUNTINGTON HRH INTEH•DEPP R T MENT COMMUNICATION Wwmcm MACH To JUDY JOHN From GAIL HUTTON .Accounting City Attorney Subject L&H CONSTRUCTION, CC-581 Date August 11, 1983 t Please release the remaining retention money, ($12,863.88) to Fremont indemnity Company, in care of: David A. Pines, Esq. Strantz, Sobelsohn & Elkin 1605 W. Olympic, 7th Floor Los Angeles, CA 90015-3897 A copy of the Relaase of Stop Notice and a filed Request for Dismissal are attached. -Thank you for your cooperation. GAIL HUTTON City Attorney By JAMES GEORGES Deputy City Attorney JG1ps Attachments i . cQ � .-I Nor., � •rf . ATIYE Sti,►CEi DEPT. y •f 5 0 1 rv� City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92698 Attention: .Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-581 CS-SC2 Channel Lininq„ Project No. :,.Lie~`" hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractGr 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., M wv [:,jj CITY OF HUt'V"t-iNGTON BEACH 2000 MAIN STREET (714) 536.5431 CALIFORNIA 92648 P. 0. Box 190 Paul E. Cook Public Works Department Director LETTER OF TRANSMITTAL Gentlemen: We are sending 1xherewith p per your request []street improvement plans 0 parcel map 0 record map p contract documents For: Date • .- Prooject: A L• 7-•SAZ [Rl�►r�t� p under separate cover �by maiA. p per the request of E3 correspondence 0 estimates l3 legal descriptions 0 grading plan 0 corrections p your file approval p your use CU distribution p your information By: _ ;JZ* cc: . a 10o ysbn"fM N RECORDED MI411 T0: CITY of HUNTINGTON BEACH Offrce of the City Clerk P. 0. Box 190 HuntirW.on Beach. Calif. 92W .83-046530 EXEMPT c7. �J NOTICE OF COMPLETION CC-581 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to L b H CONSTRUCTION COMPANY9 12311 Woodruff Avenue. wsev. California 90241 who was the company thereon for doing the following work to -wit: construction of the C5-SC2 reinforced concrete storm drain channel lining between Edinger Avenue and Center Drive, Project CC-581, in the City of Huntington Beach. REr to IN OFFICIAL lic-aidS JF OAAMQE CLAIM. CAIIFORNOA -400 PM JAN2b 083 LEE A. $RWN. 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 R that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 24, 1983 That upon said contract the FREMONT INDEMNITY COMPANY was surety fog the bond given by the said company as required by law. Dated at Huntington Beach, California, this 25th day of January lg 83. ity Ui rk and ex-officioClerk' of the Ci ty Counci 1 of the Ci ty of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 25th day of January 19 83. TkAs doomment it solely for the otttotal business of Us City of O wtin=toe Bosch. As coatos- plated uwdor goverment Colo Soar. 6103 sad Would be recorded *** of ebarge. • , /2 k- A — , ez z2le�_ . ty Clerkand IN-o c o Clerk of the City Council of the City of Huntington Bear', California Mo REC=(O MAIL TO: -"*1%. Qry uM Hut Mh B-ACH 01dem of owk P. 0. 4w too Hunirwtun 6r+!'y Cam 92µi' cc-sel �^ b P E.a) $3-0455300 C�•"''' NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach. California to L _& H CONSTRUCTION COMPANY. I27t5 Yondruff aM�,, ;Cat{fore}& 22241 GQ� �j&vita was the company thereon for doing the following %ark to -wit: oi% construction of the CS-5C2 reinforced concrete stone drain Oanal lining between 0 `p Edinger Avenue and Center Drive, Project CC-581, in the City of Huntington ieach. a•e 1QUORDID IN OFFiiClAl AECt t. '� &09 OF nRANGf CO"- CALIMMA �yoy • -�4�0 PM JAN 2 8 '83 W A. $RANCH. Cou that said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of 04 City of Huntititgton Beach at a regular meetipg thereof held on January 24, 1983 That upon said contract the FREM0117 INDEMNITY COMPANY mos surety for the bond given by the said company as required by iax. Dated at Huntington Beach, California. this 25th day of January , 19 83 Q. �: � - 2, -�' ia� ty er a ex-o c o ClerE of the City Council of the City of Huntington Beach. California STATE Or CALIFORNIA Cow•ty of Orange i .s: city of Huntington Beach ) 1, ALICiA M. WENTWORTH. the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is tme and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Cou.-icil. Dated at Huntington Beach. California. this 25th day of January 19 83, ms Aesum"t to solely for the orrtotal lustaoss or the City e! Watlneton Nesth. as clat.i- platee under oeveram"t cogs Sm. •103 eea saawle be roeoraed city a an 'x-o c o e of the City Council of the Cit`v of Huntington Beach. California Submitted to: Submitted by: Pt *W by: su. . ;Pvft- (js) !e�WA40 REOUE9 i"'FOR CITY COUNCILAACTION /-:- f- oPA� Honorable Mayor and City Council C, W. Thompson, City .Administrator Paul E. Cook, Director of Public Wor January 6, 1983 _,..01F_ •--no G Cash Contract No. Sol, .Lining of the C$-SC2 Channel; Acceptance and Notice of Compl 00 90 trment of Inue. Racommendation. Am yaiz, FandkM Source, Alternative Actbm. AQtachmwats: Ok � STATEMENT OF ISSUE: L & H Constructors, a Joint Venture, has completed the concrete lining of the CS-SC2 storm drain channel on Cash Contract No. 5,w. RECOM14ENDED +ACTION: 1. Accept the work and instruct the City Clerk to file "Notice of Completion. 2. Approve Change Orders 1 and 2 in the amount of $9,923.43 and Contract Quantity increase in the amount of $3,120.40. ANALYSIS: The foll7owing is a summary of Contract Costs and a discussion of the Contract Change Orders: Original Contract Hid: $'.15,595.00 Change Orders No. 1: Remove vegetation and dry earth for fill..$9,856.65 No. 2: Plug pipes found during construction...... 66.78 U0923.43 Increase in Contract Quantities: 82 c.y. gravel blanket P $15/c:.y. ............... $1,230.00 3544 lb. reini, steel 9 $0.35/lb. 1,240.40 5 c . y . P.C.C. @ $ 1 3 0 /c . 1 . . . . . . . . . . .. . . . . . . . . . . . . . ' • 40 Total Contract Price: $12B,638.78 (+11.28% over bid price) FUNDING SOURCE: Drainage ^.strict No. 5 funds are allocated for this project. M. :PEC:BHG:jy '�� CITY OF HUNTINGTON BEACH 20*j MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 16, 1982 L 6 H Construction Company 12315 Hoodruff Avenue Dwney, CA 90241 Enclosed is an executed copy of the contract with the City of Huntington Beach for the construction of the C5-SC2 reinforced concrete storm drain channel lining. between Edinger Avenue and Center Pri ve . in the City of Huntington Beac':, California CC581. Also enclosed is a Bid Bond which was submitted with your proposal. ALICIA M. WENTWORTH, CITY CLERK 4 BY: / r • J putt' � AMW:cb enc, (i okovrw 714.636 5Y?71 F���fl CITY OF I�t�.�N TIGFIG'T�J BEACH 2OW MAIN STREET CALIFORNIA 8264? OFFICE OF THE CITY CLERK Septfsnber 16, 1982 Superior Wnite 12721 Saticoy Street North Hollywood, CA 91605 We are returning your bid bond which was submitted with your proposal for the construction of concrete channel lining - Edinger Avenue and Center Drive - CC-581. The contract for this job was awarded to L and H Construction, Downey, California. We would like to take this opportunity to thank you for your interest in submitting a proposal, ALICIA N. WENTWORTH, CITY CLERK BY: Deputy Alai: cb enc. (Tso plo to lit 9M5227) Ci"1"`Y OF HUNTINGTON BEACH 2= MAIN STREET CAUFORNIA 92&18 OFFICE OF THE CITY CLERK September 16, 1982 K. E. C. Cowpany/Keith E. Card A Joint Venture 200 North Sherman Corona, CA 91720 We are returning your bid bond which was submitted with your proposal for the construction of concrete channel lining - Edinger Avenue and Center Drive - CC-581. The contract for this jab was awarded to L 6 H Construction, Downey. California. We would like to take this opportunity to thank you For your interest in submitting a proposal. ALICIA M. WENTWORTH, CITY CLERK By: J' r epu :� AI+A+I : cb enc. f • 1 T.epd,rn�: 71 �•5�s3?3r1 WjCITY OF HUNTINGTCRY BEACH 2000 MAIN STREET CALIFORNIA 92846 OFFICE OF THE CITY CLERK September 16, 1982 i i Dyno Construction Inc, 363 Covina Blvd, San Dimas, CA 91773 We art, returning your bid bond which was submitted with your proposal for the construction of -concrete channel lining - Edinger Avenue and Center Drive - CC-581. The contract for this job was awarded to L 6 M Construction, Downey, California, We would like to take this opportunity to thank you for your interest in submitting a proposal, ALICIA M, WENTWORTH, CITY CLERK Aft cb enc, I Taw»: 71 4-536.112271 ;� CITY OF Hl IVrIIVGTO'01! BEACH r�. 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 16, 1982 Hane Construction Company PA Box 5428 Long Beach, CA 90805 We are returning your bid bond which was submitted with your proposal for the construction of.concrete channel lining - Edinger Avenue and Center Drive - CC-581, The contract for this job was awarded to L a1 H Construction. Downey, California. We would like to take this opportunity to thank you for your interest in submitting a proposal, ALICIA M, WENTWORTH, CITY CLERK By: d-� Deputy .4 Z�t Aft cb enc, IT woom► : 714 536 5t271 Hin/on 'In COn/TWCTion ince DBA SeptuTbex 9, 1982 City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Ref: Channel Lining C5--SC Attn: Bruce Gilmer Dear Bruce: Enclosed are the Insurance Certificates, Borxds, and the signed Contract for your approval and signature. We are quite anxious to start this project. Any expedience on yaw Part would be greatly appreciated. Sincere) y, L & H 0010MUMON, A JOINT VUiJURE Tarn W. If-14 x.i, Pa Enclosures 7 I/md SEWERS • STORM DRA!NS • STATE LICENSE NO.231m 12315 W ODWFF AVE., DOWNEY, CA. 90241 (313) 7734M • (213) 927.1486 t IND PROPOSAL "Mom eVA-P6L,&,,7d.J (A FW.wNww To On Howskle Mayan and City Coca il, City of HaatiWou Beack, CalifornW-, In i 80*14M With the notice iNviting sealed proposeis for the 000008 CONSTRUCTION OF THE C5—SC2 REINFORCED COKI"RETE STORM DRAIN CHANNEL LINING: BETWEEN EDINGER AVENUE AND CENTER DRIVE, IN THE CITY OF HUNGINTON BEACH, CALIFORNIA: CC -591 1 hereby propose and agree to enter into is :ontract to perform the work herein desaribod and to furnish the rMterals therefore &;cording to the plans, specification end special provisions for the sand work and to the utisfactioa of and under the supovision of the Director of Public Works of said City of Huntington fileech.4liforna. The undw*nod has not accepted any bid from any subeonUector or natsrialman through any bid (depository, the by aws, rules or regulations of which prohibit or prevent the contractor from conklering any bid from any subcontractor or NietrrWman whkh is not processed through said bid depositary, or which pmmnt any subcontractor or mewialman from bidding to any tortractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all Incidental work nelassary to deliver all the improvements complete in place in strict conformity with the plans, speafiations and special provisions, on file in the office of the Director of Puialic Works, City of Huntington Beach, California, I propose and agree to take full payrimt therefore at the following unit prigs, to wit: ITEM NO APPROXIMATE OUANTITY IYEM WI111 UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOT AL Channel excavation at i`�id � �v r✓� • 1. 630 C.Y./sus per cubic yard. 'a Construct fill at 6i/-7'+`/wN`rop ?. 1750 C.Y. ;1 <.4e- per cubic yard. ^ , c�o�Sb•ni� Modify outlet structure at 3. 1 Ea. � � �, A-'-i+ii40 ► —per each. cE,.cpt7 t) Modify transition structure at %`w•i�t 4. 1 Ea. A &NO-olp -4� qv 47rll.90y per each. Remove outlet structures at foul�'�'E,�•� 5. L.S. �x t7.l+�� ��1;'��i�isf •� vc� er lump Bum. 01�a�,�,[► • /�t�►S fib P-1 w r• ITEM NO. A�AWIMRATE �T1TY ITEM WITH UNIT.FAICE W IMW iN WOFM UNIT PMIgs TOTAL Construct gravel blanket at jifT�f,�l 6. 310 C.Y. per cubic yard.- CO �o . Construct steel reinforcement at 7. 36900 Lbs. 1Ni�ry _i%vE er`,y7,S per pound. /a7j%•n� Construct Portland Cement Concrete for channel lining (including channel tran- 8. 470 C.Y. sitions and outlet structures) atvAjA -, cubic yard. 6 Mo. Ola Raise manhole to grade at oA+� h4vNr•V47 9. 1 Ea. F1 LY " C'c gflsd!E�j per each. �'S /S n• t>a Total P-? — I 71 L-J h is wrderrstood and oprsed dot the oppoxisr■te ywatitin shown in the foreWap proPoeel sAedule are eo* for thopwPoNoMONOW the weprism of Mi aW.01IAt i1m W N bomMutod apes the wsii of do eotre l *wwNiw in fire wed, wbWww r day be wn or leas flaw those shrewA bwok at the +rail prim bid k th s l"hW whakk. The wrderaipned vNkn ands the centred bare limit oNotted for the contract is 60 Calendar dgy& If ooMr M the Moact, the uadersiped heroiry apnea to id Mood and furnish the weuetry bonds within tea (1 p 6" of the awl of !id contract, and to begin work main acto (1 a days from the dote of aWorol of tho nin- trod by *A Cit+p of Hasttisrgton both, California. . 71* uadorsipsed her examincJ sorefuRy the site of the work contemplated, the picas and spe fintions, and the proPooate sad coatr+ect forms therefor. The whWision of a bid shell he coadwive evidence that the bidder has iwtipated and is w isfied w to the conditions to be encountered, as to the daractor, quoiity. and saps of work to be performed, the MuentMes of =touts to ba fornished, and as to the ro4virewts of the proposal, plena, spocifcatiow, and the coaosawt. AccompanykV this propose) ie +mil L70&& AE3014L> _ (i z't' /L NOTICE: Wart the words "Caster," "Certified Do*." or "Bidder's Bond," a: the an eaoy be, in an amount "e to at hest I Perclit of taw tatah Mid price, Peyabtee to the City of Him tioton Beach. The ramie *pwd depoits the above wand setwity as a proposal prrarenty and maces that It AM be forfeited to the City of Huntington Bwnh as liquidated donsep: is cove this proposal is sceepted by the City and the undersigned ahall fail to ewtc a contract for doing aid work and to fwMah pod end sufficient bonds in the form set forth in the specification gad contract dowser s of the City, with surety stisfectery to the City within 10 days after the bidder has received written notice of the sword of the contract; otherwise Bid amrity shall be rdwned to the undersigned. Lop ensad in words nee with an act providing for the registration of contract License No. Business Address �c7��$' GcJ [' c'D�E.. fi Air Place of Residence /4( 734• 2&7A24 .0 /,v. /' J,��..ti�•;..•., �Sf Detect this 4 S� day of J &, ter ---fig Bidder shall signify receipt of all Addends has, if any: Addendum No. Data Remand P-3 Bidder's Signature Is •PROPQSED INFORMATION REQUIRED OF OIDDERS The bidder is required to supply the following InfortrAtion. Additional sheets ntay be attached if necwswry. ,� ,,h�,�// &N �TiP�. t77aV ✓� y/ 1. Firm Nrme:__.�.�_wn.,._..�. Address! /v7 1 GVOvOk'��` ,� vim. �v v� Cow 7'/�►� �•--- 3. Telephone 4. . Type of firm — individual, partnership, or corporation: ToiNT IfNT, 5. Corporation organized under the laws of the State of & Contractor's License Number: &1/4 O> >_ Classification of Contractor's Licerrsri —„ , 7. List the nouns and addresses of all members of the firm or names and titles of all officers of the corporation: ����.L..�'.�"B i.�/.e� _ �07�3',�wrxx�.�vff Ayt �►�,tiE� /,/V j ZN ty► 4 B. Number of years experience as a contractor in constnrction work: 9. List at least six r:ojects completed as of recent date: (Contract amt.) (Class of work) (Date Completed) (Name and address of Owner) ,`�r,� e�, ocr.:•r • StwF.�'_ �} /�-�f C/iJ y ��. f� t/,�+.Tv.y C r r:� �� �: '7—fC 8/ C�/> r���,��•rv�r.,/ Bra ju6 70 � •,e1..� �7i,.r �.,r •t, '('c''i,1' �� • l.� 7;,,i'�'YsLt/ fit y C•, `..4//i.•�,,,•' ��'' .._ G+' �� (• �•. ► '.a �� /.�- 3c' !s � C�; � y .+•r .S���_� .: �� • n/� r,.1 ✓ice/ � /t�L'! � �,r •�A 10. List the name of the person who intpocted the site of the proswsed work for your firm: Date of Inspection '' ' „y�e; it •y;� 11. If requested by the City. the bidder shall furnish a notarirscf financial statement, financial (fats, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. .fr-4 1, � F--1 DESIGNATION OF SUBCONTRACTORS In compliance tsrith the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Governatent Code of the State of California, and any amendments thereto, each bidder shill set forth below the aarrre and location of the place of business of each subcontractor who will perform work or labor or render serfice to the prime con- tractor in or about the construction of the work or improvement in an amount in excess of one-half N of one percent (1%) of the prune contractor's total bid, and shall further set tsrth the portion of the work which will be done by each subcon- trador. Only one subcontractor for each portion shelf bi listed; If the contractor fails to specify a subcontractor for asnv portion of the work to be performed under the contract, he shaft be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the. work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid sfwlt only be permitted in rases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS .�"n`�rs► 7 �''�o6v5T�5 �,gnrr� .qNA o7-s3sa3 G! :sy By submission of this proposal, the contractor certifies: 1. Thm he is able to and will perform the balance of all work which is cover, d in the above subcontractor listing. 7. That the City will be futnrsf-ed copies of all sub -contracts entered int t and bonds f utnished by tub -contractor lot this project. V REQUES' FOR CITY COUNCIMACTION Die July 1, 1982 Submitted �: Honorable Mayor and City Council �� sY► GOUMCML Submitted by: Charles Thompson, City Administrator _ 7•-,j,4.,,22.,. Prepared by: Paul E. Cook, Director of Public Works .� n Subject: Bid Results for the Concrete ]'wining of the C5-SC2 Flool Control Channel; CC-581 Statement of law, Recommendation, Analysis, FundiM Soures, Alternative Actions, Attachment:: �C.• Statement of Issue: On June 7, 1982, the City Council authorized a call for bids for the concrete lining of the C5-,SC2 flood control channel. The bids for the project were received on July 1, 1982. Recommendation: Accept the low hid and award the contract to L & H Construction, 12315 Woodruff Avenue, Downey, California. Anal,t►sis: The project was estimated to cost $125,000.00 and the bids received are listed below in order of dollar amount: 1. L 6 II Construction 2. Superior Guni to 3. Ilane Construction Co. 4. K.F.C. Company 5. Dvno Construction, tnc. Fundinq Sotirce: Drainatle nintr. ict 5 Funds CWT : P EC : !1 I.: 1 w $115,595.00 $116,740.00 $127,120.O0 $131,058.00 $162,70n.40 :Ek' 5 ESTIHAV: fib cc NIIpI LA: Const. of CS-SC2 Reinforced Concrete Storm Drain/Edinger; CC-581 Clifford C. Hong & Co. Clarke Contracting Corp.. Desert Diggers Dvno Const. Fontana Steel G.R. Frost Harp Const. Co.�7 A20 ,00 Heitman Co. i I K.F..C. Co. L& N Const. . _ _.____. __.___.......___...._ _.._.__ ...... SuRerior Cunitc 11.C.P. Inc. i 5 Pa kli Sk NOTICE INVITING SEALED BiDS CC-581 Notice is 'hetwhy glian that the City Council of the City of Huntington Bea=h; California will receive sealed bids for the construction of concrete channel lining ;nr ;ire C5-SC2 flood control channel between Edinger Avenue and Center Drive in the City of Ktntington reach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Dorurnents will be available on June 14, 1982. A charge of $15.00, not refundable, will 5e required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item 1. Channel Excavation 2. Construct Fill 3. Modify Outlet Structure 4. Modify Transition Structure 5. Remove Outlet Structures 6. Construct Gravel Blan►cet 7. Construrt Steel Reinforcement 0. Const, uct Portland Cement Concrete for Channel Lining (including Channel Transitions and Outlet Structures) 9. Raise f xistinq Manhole Quantity 630 C.Y. 1750 C.Y. L.S. L.S. L.S. 310 C.Y. 36,40D lbs. 470 C.Y. L.S. In accordance with the! provisions of Section 1773 of the Labor Code, the. State of r- lifarnia, Director of the Department of industrittl Relations .0mll deterrnine, the (jener.al pre:vnilirx) rate, of wacles, applicable to the work to be none; copies of ihv latest. genernl warle rates cfeterminntions are on file at the office of the City Clork trr,.ct the office of the Director of Public Works of the City of F+.,ntington Beach, Cali fclrnia. Plans..1nd n1lor-ifivations, to(jethm with proposal form, may be obtaine+ni tit the u►fire of thn Director (if 'Public Werus, City Hall, Hr.rntinllton Beach, California. No hi i will he rereivt-d twiesh it is mrrrle (in a blank form furnished by the. Director of t'edhhc Worte,;. They erltvoml ►!Itention of prospective hidder9 is called to the propor.,rl r,elrrrrrr�rrrtr�, seat forth in tie^ set rifirationq, for full dirertionz as to the hiddine). III,- f„re-4111irtil 1111antitiw-, are approximmer only, he�inej riven ar. it basis for thy, �ieee�rrrr•;�in of birt-i, .uuf the City of 1-irantinol on Be nt-h eloee; not a xprmm or 1r>, imphratimn mine that 11wi artual amount of work will rorrespono therewith hilt if—wrvw% the right to invrease nr e;�tcreaa.r: they amount of any clads or portion of liar w+•. •, wo may tier iloe.rnvd nm-t-inary ur elxpediunt by the Oirpe:tor of Public Works. N-1 All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in acchrdance with provisions of the California Government Code, Section 4590. No hid will be arcepted (rain a Contractor who is not licensed in accordance with the law, under the provisions of Chapter 791, statutes of 1929, ns amended or Chapter 17, Statutes of 1939, as amended, or to whom a proposal form has not been issued by the City of Huntington Beach. Earh hid shall be made nut on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Streit, Huntington Beach, California; shnII be seated and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 n-m. of July 1, 1902, and shall be opened by n committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said hidding will be reported to the City Council of said City of Huntington Bench nt their regular meeting to be held on Monday, the 19th of July, 1902, at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be aced upon by said City Council ,it their requiar meeting of Ady 19, 1902. The. City of Huntington Bearh, California reserves the right to reject any or all bids, and to accept the bid deemed for the hest interest of the City of t-hintindton Brach, ralifornia. fly order of the City (`r-x)nr. it of the City of 1-k►eetinulton Re arh, California this June 7, 1902. A f T1-ST: /11iri�� tNrnlworth N-2 � ! ', � t �Wlf d •�- �. �, �. ,,\ ,� { � ,, ,,. �Y,. ., •�, L 4� � .h �` 1 � � REQUES 'FOR CITY COUNCI ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Charles Thompson, City Administrato Prepared by: Paul E. Cook, Director Public Works May 211 19u2 A,PPROVSD BY CITY COUNCIL my Subject: APPROVE NEGATIVE DECLARATION NWBER 81-53 AND CALL FOR BIDS, CS-SC2 C ANNEL LINING; CC-581 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: a STA'I't= OT OF ISSUE: This section of the City's CS-SC2 Flood Control Channel has experienced problems due to its unlined condition. The problems include erosion, sloughing of channel embankments and stagnation of water which could result in possible health hazards. RECQtEMATION: Approve Negative Declaration Number 81-53 as recommended by the Environmental Review Committee (see attachments) and approve the plans and specifications and authorize the call for bids to concrete -line the channel. ANALYSIS: This project involves lining the rc,&iining unlined portion (approximately 1200 linear feet) of the City's CS-SC2 Channel with reinforced concrete (see attached map). This construction will eliminate the stagnation of water anc': pro —Vent erosion of the channel embankments. Lining the channel will also increase it's capacity. This is important because the amoitnt of run-off entering the channel has recently increased. The Environmental Review Comrmittet i•: rec.oimnended that Negative Declaration Number 81-:,3 be approved. They concluded that th. nroiec-t .ill have no significant adverse effect on the environment. I'he Planning Com rii In has also foLtnd the project to be in conform- ance to the City's General Plan WW1' 81- I o) , FUNDING S(U Z(T : lbe project is est united to cost $125,000-00 and will by financed with Drainage District 5 fluids. A1,1111NAT I Vi: ACI' C ONS : If the project is not approved for constrt,ct ion, the above nk-nt ioned problems will con- tinue to exist in addition to the possibility that adjacent private facilities could be danatied clue to future erosion. A•17AQ tff- 1;S : Negative IX-c 1 a ra t i on Negative IX-claration 11roiect Location Kip IIEC: W : i k NO 41111 Nt.unt)rr R 1- 53/Novernhe r 24, 1981 �knxo ,` iNier 81- 53/November 10, W81 Memo, . "T1 rvr SORT" . -- F' :11 fA- r C5 —SC2 CHANNEL LINING EDINGER A VE. TO CENTER DR. ��ti111 ttt11oil ��/� . �,� ■�� ttrrnttt. �� • � � son IM It1 It11� • +ff+.� CC - 581 ' rr r ' „ .. Y ti 5 � � O1L. ie Y.4�, r (� rid � �Ilrr• f ru 1 lR r IN nt Ir U. �1`. 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', •�f + 4.:. , La t,. fir, .;�' , �. 4INTER-DEPARTMENT COMMUNICATION n►.+1W4cx" IN Arm To Mike Loving From ENVIRONMENTAL RESOURCES SECTION Subject NEGATIVE DECLARATIO'; NO. 81-53 Applicant: Renuest: Location: Background City of Huntington Beach Concrete Lining of Channel Date November 24, 1981 North of Edinger Avenue 1800 feet Based on the Staff's initial study of this project a Draft Negative Declaration was published in the local ne.rspaper and posted in the Office of the City Clerk for a 10-day public review period endinq,December 7 1981 and X no comments, the attached comments were received. Recommendation The Environmental Resources Section recommends that the CitX Council approve Negative Declaration No. _ 81i� f ndirg that the proposea project will not have a significant adverse effect on the envit inment. Mitigation Measures The attached mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of appInval. Respectfully submitted, 2- James R. Barnes 0104 Associate Planner JRR/dc iNYfltr Superior Court or T"HR STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACHI CITY CLERK State of California t C imrity of Orange t"' JEANNIE L. THOMAS That I nm and at all time• hereon menti-med wm-- a citizen fit the I'miri titetrr, mrr the age of twrnth .mr i,rer•. and that I am not a party tn. nor tntrrrtetf in the a1wi%r rntttled matter. thr.t I am the principal clerk if the prtntrr of the HUNTINGTON BEACH IND. REVIEW a ttew•ariaprr of ernes) cirntlaturn. puhli•hewi in the ViIv if HUNTINGTON BEACH Cotjnty of Orange and which new paper %• pishh%hrd fnt the diiiemtnatunn of local new% and intelligence of a renrral charm ter, and which nrw•"paper at all timr.. herrin rnentu+ned had and •till haA a Nina We •-th.crtpttnn Im of vaiitnc •utr.criber.. and which new"paper hm lWen r.tnh{t.h•A. tirtntrl end pub Itnhed at regular intervali, m the .aut Voisnti, 4 O► Ange Inr N prrtnd exceeding nor rrar. that the motor, of which the annexed to a printed rupii. haA N-en pnbli•hrd in the rrKnl�r and entire t"•ur of said nrw.pAtwr, end m,t in an% w-vi Irmo w then►(. nn the follou•ng date, to wit JUNE 121 171 1982 I certtfv 14,r drr•laret under twnalty of twrtnn thrt rh► t•rrro!.. tng t! tr.tr and cornet Dated at GARDEN GROVE (L'a!i(frmi., thi. 1e t h day of J UNF, iy 82. ' � Svin�turr i 11►j iN1l w NOTICE INVITING SEALED BIDS CC-581 "0 : I . � _ I . .,...w, c.► ttle-