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R.J. Noble Company - 1961-10-02
t- ; ; 3`_80 NOTICE OF C OMPLET i vi1 NOTICE IS HEREBY GIVEN t:aat the contract heretofore awarded by the City Council of the City of Huntington Beacht California, to ft. J. Noble Corr,nany •Na�..rr..rr who was the company thereon for doing the following work to—wit : Construction of I,di n�er Av(_nue from highway f:�9 to 400 ' Cast of Golden Street RECORDED AT REQUEST OF cmr U IMSTINVO:f OWN 'J IN OFFICIAL RECUkUS UF- ORANGE COUNTY, CALIF. 9:05 AM NOV 28 1961 RUBY McFARLAND,Court y Recorder. FREE That said work was completed by said company according to plans and specificatil-as and to the satisfaction of the City Engineer of the City of Huntington Beach and that paid work was accepted by the (;ity Council of the City of Huntington Beach at a regular meeting thereof held on the _.01h of Novemhcr,11961. R That upon said contract the American Surety Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach t California , this the „'I-ul dam. z y Cl.,:!rk an —of f icio Clerk a STD TIo" OF CAL I I•'-')Its' I A } On t t)e `1 tit rl,,y of Novemher , 1 9 61 , hofore .n8 City of ' read , the 1 �c� tind��r5 _� nerf , ,� ��i airy I'uh I i c "i n and for sai d Count% and ,f and that Strit e , Pf�rtion,, I iy appeared Paul C . Jones knr)%sn to me to he :QBdPLETIQ$ the 'i t y CI cork c. f' t.hi� City of `}anti n7ton I3e1-1011 -Lind knon to me Lo ! of the he the I,(-r-son vj.', use nnmc► ) � fit111>hri1lert tf tllr! within instrument rind who rtcflnow-1 ,-rigs- f t ct e that i.,e Cxecutod the Game . d=lY..°-f--�-_ m.v hind -► f! •► Pf ici :► I ERNFS'rl�.'.1 nl FAD10.,tio'r'%r?Y r'r'�:t_iC City irs Awl for I}ut C,unty of oranx,,State .,f CAtifC.!r" rnia My C091nnN7411011 E:pire4 June ZG, 19j5 Q7 Nall-I•lunwwjan Bosh. CaLf* i ,$`� ► NOTICE OF COMPLETION NOTICE IS REREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California, to R. t' . Noble Company n nho was the company thereon for doing the following work to--wit : Cony t ruc- f. i can of* E-[1 -i nger -Wenue from 111f;hwav 39 to 4001 east of Golden West Street RECORDED AT REQUEST OF MY er IIUSTINVOA DE40 IN UFFICIAL RECUtiUS uF ORANGE COUNTY, CALIF. 9:05 AM NOV 28 1961 RUBY WFARLAND,County Recorder FREE That said work was completed by Said company according to plane and specification© and to the satisfaction of tic City Engineer of the City of Huntington Beach and that said work was accepted by -the City Council of the 0-ity of. Huntington Beach at a regular meeting thereof held on the 20111 of November , 1961 rir■r■rr ■ •w•r.0 • a..... ` r•r■r r■�•■r,a.�r That upon said contract the !American Surety Company was surety for the bond given by the Said company as required by law. . Dated at Huntington Beach, California, this the rij,t tiny ..n f riy Cler=and eli--_O_ffidioCer of the City Council of the City of Huntington Beach, California STATL OF GALIF0UIA County of Orange Qa : City of Huntington Beach 1 , Pftul C . Joneu, the duly alerted , qualified and acting City Clerk and ex-offioio Clerk of the City Oouncil of the City of Huntington Beach, California, do hereby certify that I have read the foregoing NOTICE OF COMPLETION and knovz the contents thereof and that saute is true of my own knowledge, and that said NOTICE OP COMPIETIOW was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . DA D-D at Huntington Beach, California, this the 21st dal. of No ember, 1961 10 rye • City C? _;rl; and �offlcio Cler ` L of the City Council of the City of Huntington Beach, California AGREEMT THIS AGREDIMM,0 made and entered into as of the .,�,.?s, d day of ..=tabor ..._ 19 61 Q by and HMM CITY OF HITBTIaiGrTOW BEACH a a Yunioipal Corporation,, hereinafter called AND R. J. Noble Co. P. U. Box 620 Orange, California Heroinaf ter oa6.Ued CONTRACTOR WIT ESSM: WHFRM K the City Council of the City of Huntington Beachb County of Orango,q State of California,, pvrsuant to statutie in such cases mad3 and provided, duly and regularly caused a notice to be published, calling for bide for tabor,, materialt, tools and equipment for the construction of Edinger Avenue from Highway 39 to 4001 east of Golden West Street In paid City of Hunt:n.�,.on Beach, California, said Rork to be constzacted e ,cordiang to plans,, specifications and special i,rovi lions for same on file in the office of the City Engineer and adopted by the City Council of said City of Huntington Beach on the Sib day of September 19 to which said plena,, apecifications and special provisions reference io hereby made9 and by ouch re.'er- once they are made a pert of this contract as if herein set out in fulls and WHERFMj the City Council at a regular meeting thereof and at the time and place appointed therefor opened the bide submitted by the respective bidders for the construction and completion of the above mentioned work, and after careful consideration of all bide 3ubmi.tted the City Council awarded the contract therefor to the Contractor ther©in named at the prioes set forth in its bid,, it being the lowept and beet bid roc©ived by the uald City Council, MY THEREEBM9 in consideration of the covenants and agreemtfnts herein, containe%i, being done and performed by the parties hereto; it is hereby agreed as follow&$ l� L, The Contractor,, under the direotion and to the satisfaction cf the CitX Rtb�neex of the City of Huntington Beach, acting as ite agent, shea.1 and will rovide all Materials and perform all work mentioned in the specifications and special -provislons or shown on the plans for the construction of the work herein- above referred to and more particularly set out in said plena specifications and special provisions, except as hereirafter stated, :. t;) alteration cr addition shall be made in the work shown or des- cribed by the drawinga, specifications or special provisions, air: extra work shall be performed or paid for unless the City of Huntington Beach sball have issued, prior to the beginning thereof, its written order therefor,, 3. gOL=jMz :the Contractor shall give his personal attention to the fv:fi2lmen.t of t tH contract. Where eub-contreo`ore are engaged on the work,, they kill be rocogni.zed only as enployean of the Contractor¢ and no sub--oontractor shall under any circumbtance5► relieve the Contractor or Surety of their 11abilities and obligations under this contracts and all transactions Kith the City Conn ail shall be thro a the Contractor herein named, 4. I The Contractor, at ite c cost and charges shall furnish the necessary appliances, implements, tools,, molds, vays and means, and all necessary convenienoes for the transfer of the material to its proper place in the work, and eeld City shall not be hold reBponsible for the care or protec- tion of any materiel or parts of the work-n except a-% In the specifi cstions or special -nrowiai.ons expressly provided. 5� . '� LxzQN 99 _L_-4AKS Should it appear that the work here:- con- templated, or any of the matters relative theretoo are not sufficiently detailed or explained in said specifioations or apeoial provisions; the Contrac;t~,r shall apply to the City Engineer for rsuoh further exp?amtions as may be necessary and shall conform to the uame as part of this contract, so far as may be conuiotent with the original apeoifiaatione, and special provisions: 60 , WPMi The Mork is to be commenced within i0 days after approval of the contract as to form, by the City Attorney •,f said City and is to be diligently pro©eouted to completion in such order and manner of pro,grese as the COlty Engineer may from time to time presoribe 7. _C 1ARhl� If any pereon employed by the Contractor shall appear to the City Engineer to be incompetent or to rat in a disorderly or improper manner,, he ahal.l be discharged 1=adiat©17 on the requisition of said City 2tv Engineer, and such perao.: ehall not again be employed on the work- S.. COOPMATICM OF F fhenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given bar the City Engineer and ehall be reoeived and obeyed by the superintendent or foreman -,,hn may heme charge of the particular work in reference to which the orders a:a giYen., 9 B2 ;g'fCr t1 _310L:'` CF OF CQ 'RAMaa: If the Contractor should be adjudged bankrupt, or if ;it should make a general fcssigr�t for the benefit of creditors, or if a receiver ,should bo appointed on account of his insolvency; or if Contractor should persistently or repeatedly refuses or should failp .#)accept in caves for which exteLmioh of time is provided~ to supply enough properly skil- led workmen or proper materials;,, or if h© should fail to ms,ke prompt paXmnt for matee.-.al or labor, or persistently disregard lave p ordinances or the instruati.ons of the City# or otherwise be guilty of a substantial violation of any provision of the contreotp then the Cit,,• upon the cex-UZicate of the 'City Engineer of the City of Huziti ngton Beach that suffi ciant cause eai.ste to justify such aotioap may without preju�Aoe to any other ay.ght or remedyq and after giving the Contractor fifteen (15) days written noticep terminate the employment of Contrsrcfor and take pocaeasion of tho •premiwps and of all matorials;, tools,. cad appliances thereon,, and fbdoh the work by whatever method it m y deem expedient. In such cave the Contractor aball not be entitled to reooive any further payment until the work is finished, If the unpaid balance of the contract price .:.hall exceed the expense of fins zWng the work,, i.ncludf ng compensation for additional managerial and adrini- etrative Rork or services,, such excess shall be paid to the Contraotora If such expenn© shall exoend aroh unnuld balance,, th5 Contractor shall pay the difference to the City„ The expense incurred by the City au heroin providedp anal: the damage i.nmArred through the Contractor°or defaul t n chall be certified by the City Engineer of the City of Huntington Beareh,, 10, UWS TO BE OBSERVED: (a) The Contractor shall keep himself fully informed of all exis ,-ing and future State and Federal laws and municipal ordinances and regulations ir. any mauner oXfootring those engagod or employed in the work, or thct mate ripl© used i.*i the work; or in any vV affecting the conduct of the work,, and all such orders and decrees of bodied or tribunals having any Jurisdiction or wathori.ty over the same., If any discrepancy or inconsistency is discovered in the plane, drams, specifications or epeclal prov1sianot, or contract for 11da work in relation t•_ any ,such l.nwa, ordi.naniceaq regulation; order or decree, he shall forthwith report tbri Lip-me to tW, City J.,a writing.. Ho fi U at all timca himself 3Q OEM ubaerve and ccmply with, and shall cause all his agents and employees to c'Iaerfre ,.nd comply with al?. ouch existing and future lawag ordinancea9 regulations, orders and decreeee and ahall protect and indemnify the said Cityp the City Council and City Engineer, and ite and their cffioers,, agents and servants against any claim or liability arising from or besed on the violation of any ouch laws, ordinances regulation, order or decree whether by itself or its employees. (b) The Contractor shall, before entering on the performance of the work herein provided, furnish a bond in the eum of fifty (50) per cent of the con- treat price, as required by the tarns- of Sections 4200-4205 of the Government Code of the State of California,, (o) In the employment of labor the Contractor shall give preferenosp other ahingo being equal, to honorable discharged voldiers, sailors and marinesr and resident laborers, but In suohconnection there shall be no other preference or discrimination among citizens of the Qnitad States,, 11,, EMPLpYT. OF- ALIMs Purauant to the provisions of the Labor Code of the State of California,, no persons firm, partnerships association or onxporatio : or agut thereofv doing any work as a contractor or sub-contraotor upon any public work being done for or ender the authority of this State, or any office-- or department thereof$ or for or under authority of any county, city and county, city, towns tounchipp dintrJet or any other politi:nal subdi-.Asion thereof, or any officer or dopartmen# shall knusi ngly employ or cause or allow to be employed thereon any alien -- meaning thereby any person not born or fully naturalized citizen of the United States except in eases of extraordinary emergency caused by fire, food or danger to life or propertyg or except to work upon public military or naval defenses or works in time of war; provided;, bows'=er, that within th-:)-tY (30) daya after any &lion is permitted to work thereon due to extrarrin=7 emergency,, thc: Contractor doing the work or his authorized agent shall file with the officer or public bock.; awarding.- the contract a report, verified by his oath, setting fortb the nature of the said emergency and containing the name of the said alien and each date he was permitted to work, and failure to file said repox'.: within said time shall be prima facie evidenc© that no such extraordinary emergency existed., Such Contractor and each aub�contraetnr shall also keep, or oar.se to be kept., an accurate record showing the name and ciV zenship of all workers omployed by his, in connection with the said public work, whioh record shall be open at all rewonable hours to the inspection cf the officer or public awarding the contra�t, hie or its daputit-u and agents and to the Chief of :he Division of Labor Statistios and Lav En-orcoment, his deputies and agents., �r T} is x"Irther re:stood and agreed that for each violation of the above stipulation; sa=d Cor arwtor shall forfeit to the City as a penalty, the sum of `ten (0810,00) Dollars for earh day or portion thereof during which each such ems' n is knowingly employed in the exeruti.ou of this agreement, by said Contractor or by arq sub-contrabtor .ender him, in elolatiun of this stipulation and the provieionB of the Labor Code of tho State of California,. 12„ That in the nerfv=a=-e of this agreement primes,, fitness and quality being equal; the Contractor agrees that he ^ill vane supplies and mat- on win grown, m nufantured and producod lu the State of Californin and that cub- Jeo t to the above nroai©ion he agrees in `.ae perform-moo if the work contemp- lated hereunder to use only nuoh unm_axiufar.•f.arsd matt -i.ala as have boon produoed in yLe United States and on1 y such manufactured matsri.01a as have been ranu- ;act=ed in the United States,, sub-stantially a.Ll from materials produced in the United Slates,. PUP-LTC COMM'O ENCE AND SAFET rz (a) The Contra:tar nuat arrange to tare care of the e:zisti.ng traffic;; co az ;o inconvenience the general public ez little as possibl•:%., .residents along the road must be Provided for as far as praot:i^ab ie.- Temporary a.pproachf;e i..j crasnzngs or inter-.:ecting highways must be provided and kept in good condi 1`i.on where required by the City Engineer. (b) The Contractor shall provide and maintain such fences¢ bcrriera4 eignn. redli.ghte and watchmen and other matins as may be necesee.3y to prevent acci- dents to -the public., It shall be necessary that the pla^e at the points desig- nated by the City Engineer such warning ©igne as may ba designated `. y the said City Engineer, and he shall provide white lights as may be necessary for illumin ting the said signs„ (a) The Contractor shall care for public traff;xs; as required and dir- ected by the City Engineer, Detours used by the Contraoto.r emolusively for haul- ing materials and equipment shall be constructed and mainta.ine'. by him at rim expense; 14, PRESERVATION OF PROPE_ IT: The Contraotor shall, at his own expenses preserve end protects from injury the roadside :redo by covering the trunks %rith bur- lap or drive stages around them when required by the City Engineer 15, &ESFONSIBILITY -FOR nAZALGE: The City of Huntington Beach, the City Council; and the r.ity Engineer will not -in any manner be answerable or accountable for any loss or damage that aba:ll or may happen zo the said work or any part there-a of�, or for any of the materials or other things used or employed in finishing and 1�f• or the publi.cy for demagea to adjoining property from any cause which might have been prevented by the Contractor or his workmen, or by any ono employed by himp againat all of whioh injuries juries or damages to persona and property the Contrac`or must properly guard and must make good all damaged from any Cause whatever,, being str c t3.y responsible for any damage to any person or property resulting from defects or obstructions, or from any cause whatsoevery during the progress of the work or at any time before the completion and final acceptance thereofn and that said Contractor will indemnify and save harrlese the said CitM p the City Counoi' and the City Ehgineer from all eu`to or artione of every name and description brought for or on aocou:-t of any i njurieo or damfagee received or euetained by any person or personnfl by or from said Contractor, its servants or agents; in the con- struction of ea:td work; or by or in oonaequenoca of any negligenoe in guarding the same, in improper material.o used in its construotionq or by or on account of any act or n=isei.on of the sad Contractor or his agentso and the Said Contractor further agree, at all times to carry publio liability; property camaga, fire, earth- quake and workman"s compensation insurance satizaxactory _o the City Engineer,; cov. eying all work being done under this contrast, and for arzy loss to the Contractor by any cause, The City of Huntington Beach, the City Counioil and the City 46gineer will not under €my circumstaneee be answerable or aoccuntableu The Contactor shall furnish to the City of Huntington Beach certificate and evidence of all such compliance both be;ors said work is begun and during its performance,, 16., LLIIF.FS AND GRAD,S s ?7he Contraotor is to num.shp free of charge, all labor nccessa-y for making and maintaining points and lines given by the City Engineer and is to give the City f-agineer auoh facilities and labor for giving said lines and points as he mey require, which said marks must be carefully pre. aerved. IT, TESTS OF WERTA s AUL tests of materials furnished by the Contractor shall be made by the City Engineer in ar:cordaace with ouch methods as he may from time to tim© adspt.. 1.8., QRUALIT7 OF MAITFJ AW s All water;ala user: in the work shall meet ■ ■ram n�■w ■�r� the requiremento of said speoi.fication.s a end no materials shall be used until it has the approval of the City Zngir-eer,, Samples will be secured and tested "hen neo. easary to determine, the quality of materials. Laboratory tests will be made as promptly as possible era as not to inconvenience the Contractor. 19„ STORAGE OF A&TERIALS; Materials shall be stored so as to insure the preservation of their quality and fitness for the work., Such atoned materials shall be located so as to facilitate prompt in©pecticno 6 20,, MPECTION: The City Engi.uear and hie authorized asais.tants shall at sal times have access to the work during its conEtruotion and shall be fur- niab)d with every reasonable faoil.ity for ascertaining 0 at the stock and Qater- iali used and employed, and the wor_kmanehipF are in accordance with the require-- art?ats end intentions of this contra4 4 U All work done and all ma.teT i.als fturnished r.L%l.l be sub."evt to the :knopection and approval of the City Engineer, 2"4.ce DEFECTIVE AND WORK: (a) The inspection of the work :hall nn k relieve the Contractor of Av, of h .,; obligations to 'Ulf ill aia contract as herein prescribed, and defective work shall be made goods, and 0. unsuitable nater- isle may be rejected, notai thatannding that such defect:-7o ,pork sad materials have been previously overlooked by the City Engineer er-_d accepted or ee t imated for pay. =ante. •,} Ifthe work or any part thereof sha3l be fouYid defective a' time before final acoaptt-ance of the whole work. the Con-tractor ©hall forth;di=h make good such defect in a manner ait'icf ctory t. the City � noer, (a) The Contractor sh.-11;, after raceivi.ng written notiao from the City Engineer to that effect, proceed to remo 7 e to a sati nfaat, ry distance frojit the w-)rk all materials condemned by the said City ingim.eorP whether worked or unworked, and remove all -*;-.,Ions of the trork which the said City Engineer shall condema an unsound. improper,. or as in any way failing -to conform to the specifications end shad r( :er, Protect and exercise due cU11ge::c s to socur© the Pork from in-ury6 All damage he poenir4 to the sivuti ahall be mada good by tho Contractor, 22. CLWIRG UP: (a) After tho completion of said nor). the Contractor eha.l ratuove all temporary stz-uctureE blail� by it and all surplus materials of all kinds from the 9ita of the wort: and ?eava the rhol.o olean and preventable„ f a} If ordered by the City Eng1t1eorq the torus x and o 4har comtua tibl.e debris s&%11 be piaod in the center of tho roadway or other clearing and burned. 23, TIDE OF COMPMTJON LND 1,IQUDATED DA?XGFS . (a, ::t i,. I-gr.eed, that in the event all worn call od rcr l.indar said contra t in all. Darts and mert8 is nr,t completad before the -)f _ 45 days (Sunday: and holidays exo1uyiv o) 13 .rom fit ^.,.�: of execution of this contract as approved by the City A Ltornrrf of Ea-- rl Czty of hunting io3 Beach, damage will be sustained by the emid C:ity;, and tha4 it im and rill be diffi^talc to ascertain and doterminn the actual damage which aai.d City will. austa1n in Lae event of aad by reason of such delay; a W it ie therefore agreed that ou id Con trs.^tor wi y X pay the 7- eaid Ci;;y the cum of $50,00 Dollars per .dry for each /And every day7s delay beyond the time herein proscribed in finiW.ng the said word, In case said liquidated damages are not paid by ss.:.d Contractors said t,ity Counoil may dvduot the amount therefor from any monoy duty or t2u3t- may beoome due m.d Contraotor under this contract. (b) It is further agreed that in cane whole work called for under this coutr.:,,ct in not finished and completed in all parts and requirenenta within the time hereinbefore speci.fiedQ said City Coutyt31 shall have the right to extend the time for completion, if shall seem beat to serve the interest of the Cityp and should said City Council de^ide to extend the time limit for completion of this contrectp it shall further have the right to ohs.rg, to the Contractor,, its heirs, assigns or aureti©e p and dednot from the final payment for the Wr rk., all or any part, as it shall deem proper, of the aotual cost of endineeringo inspection, superintondenoe and incidental, overhead expenses uhich are directly chargeable to such extension and which eccaue during the period of such extension. 24. AMUl ' Or CORTRACi r Whe-neverp in whe opinion of the City Council, the said work is neglected by the said Contractor or the r,#me is not prosecuted with the di.li Bence and force specified,, meant and intended in any manner by the terms of this contract, it shall be lawful for said City Council to make a req- uisition upon said Contractor for such additional apecifio fordo or such addit- ional material to be brought intro the work under this contrrctz, or to remove impropc..- material from the groundo as, in the judgment of said City Counc{1 s this contract and its date and fai thftil fulfillment -nay reg7ai re. Due notice of et'aeth action shall be served upon said Contractor or his agentp in writing, not leas tkaaa. five (5) d, ye prior. thereto, and if Re:1d Contractor Caila to coLuly with Arch re;,-• n-action within said ;iie (5) day.p it a:,al7l be lavrful for said City Counoil to employ upon such work the additional force, or oupply the materials as specifically required, as aforesaid,, The amount of aueh aeAltIonal force or materials shall to charged against the Confiraetor and be deducted from his next or subsequent esti- mate and peyment,j or the cane or any part thereof not ao deducted ,.ray be recovered from said Contractor or ite euretieo Moreover,, if ©aid Contrao pow fails] to comply with such requisitioxa within five (5) keys„ the said City Council mE\1 declare this contract yerminatedn and mad' itself proceed to complete the work herein apeci.fiedz, or may engage any other per. eon or persona to do the same, Upon completion of such work the Cityc through its proper officer or oVicers, shall cause a statement to be made of the expenses properly incurred consequent and incidental to the default of said Contractors as aforesaid,, and :in completing the work itself or by any ether per6on or pereoneo V J 1 Shoo=Zd the amount ox auc;a statement be lees than the amount which would save been di-.a to the Contractor upon the comple-lon of the Work by itp the di_t-: r- -.Jncc shall be paid by the City to the said Contra,otor. Should the amount of r.ucsh statement exoeed the amatmb due the Contractor upon the completion of the work by i,tev the difference ©ball be paid by the Contractor to said City. 25., PAIIWT AND RECORD OF lii.ATERL AND LABOR BIMS.- (a) The Contractor will pay all bills for laborg machine hire, materials and supplies contracted for by hits on account of the Rork herein con:templ4.ted wher. the same become dus and. payables, and he will furnish to said City Council on or before the fifth (5th) daffy of ew.h month a sworn statement of all unpaid indebtednees contracted for on account of eaid work and of all claima of private c:orporettione or indivi.duyls For damage of any i ihd caused by the construotien of vaid Rork, together with the dates of such bills and the names and addresses of aueh creditors. (b) The City Gouneilq at its option and at any times by written notice to the Contrwtor upon the failure of Contractor to furnish euch statement, or upoh proof that contracted indebtedness is not being met when due,, may deolaro this contract terminated and may itselt proceed M complete the work herein specia- fidd, or may ongare any other person or peraons to do the same,, (c) Said City Council mar,, at its option and at any timep retain out of any amount due paid Contractor aiLms sufficient to cover any suoh unpaid claims,, provided that sworn statements of said claims shai.l have been filed i-n the office of the City ClerkA and may pay out of such amounts so retained any such ur►paid claims. The City Counoil it-&I al stt , with tho critter, consent of the Contractor, use any moneys in, the pose+union of the City of Huntington Beach belonging to the Contractor for the purpose of uVing for both labor and materials for the work herein oontemplatedo 26,: P.ARTIAI PAYMTt This contract shall provide that the City Council ahalIq once in each month, cause an eetimatwe in writing to be made by the City Engineer of the tatel amount of work done to the tJmr. of such eatimate, And the value thereof, Said City shall retain ten (10) per cent of ouch estimated value of the work as part security for the fu3fil lment of thie contract by the Contractor and ahal.l monthly at a regular meeting of the City Council pay to the Contractors while carrying on the work, the balance not retai.nedc as aforesaid, after deducting therefrom All p, -Nvsous payments and ,.!I sums to be kept or rat-.ivied ,under the provisions of this contract, No ouch estimate or payment ahal.l be req. ,.j wired to be made when,,, in the judgment of the City Eggineerq the work is not pry oeedliig in acaordanco with the previsions of thin contrast or wheng in his judg ment,v the total value of the work done since tr a last estimate amounts to lane than m..ree Hundred U.;300.00) .Collars The City Counoilp if it deems it expedient so to dray may ewase est! ee to be made more frequently than once in eaoh month, and it may cause payments to be made more frequo-.tly to the Contraotoro 27. FIUAL PAYMT& (a) The City EngLneer shah a as soon as prat-icable after the completion of this contracts asks a final estimate of the amount of work done thereunder4 and the value thersofv and the said City of Huntington Beaoh eha].l at such timep within. (35) day© from and after the date of said estimateg as the City Council nay eleotp pay the entire sum no found to be due hereunderg amounto to be retained under the provinionn of this contract., L11 prior partial ratimates end pa meats shall be subject to -:1orrec tions in the final estimate and payment (b) It is hereby 8pacifi ed that no certlj'1,3ate given or payment aeuae under thie contrast,, except: the final certificate or final papiientp shall be con- blusive evidenco of the performance of thin contract9 either wholly or in partp ag•tinst any claim of the said Cit f of Huntington Beanhr and then not until the lapse of thirty—five (35) dE.ya af Wer acceptance of they work by the City Councilp and no pent shall be construed to t v in acceptance of any defectivo work or iaproper materials. r (a) The said Cont:Rotor hereby fur'-,her agreee that the payment of the final amount due =der this contract and the adjustment and payment of the bills r=-,Ier ed for any work lone in accordance with any alteration of the same j shall release the City of Huntington Beachq the -iaid City Council and the City Engineer from any and all claims or liability on ecoovitt off work a form•sd under thin con- tract n -)r any alterations thereof,. 28. PROPERT'I RIGHT IN `FRidI�S,_ It is furhter weed that nothingin this contract shall. be construed as venting in. the Contrac•u-or any right of propeity in the materials user after they have boen ettaohed or affixed to the work or affixed to the soil fl and all euoh ma ter'%Is shall,, upon being- oo attached or affixed baoome the property of the said City of Huntington Beach, 29. NO PERSONAL LL1BILITFs It is further provided that no member of the said City Council or the City En#neer, or uny other officar or authorized azoistant of said City Engineer, or any other official of paid rityfl shall be personally ream pon.sibl,e for any liability arising wider thin oontract,, 10e 30v FAITHFUL MMEMANCE BONDS Tho Contractor qh:s3l Nrhisb a common bond for the faithful performer;c.-3 of this contrao t in the sum er^ii.3 to 50% er cent of the contract uriQe o Al, COBTROT PRICE: The amoimt of the contet c Z ,�ri re Snd the bid herein73efore referred to is the t3t,'M of $41 ,113*00 Dollare. 32, PP.EVAILIRG WAGE SCATE: In accordance with the provisions of Section 1770 of the labor Codsp the City Couaci.i of tho City of Run-ington Beech, Caiiforniav has ascertained the general prevailing rato of r gea applicable to the pork cov- ered by this oontreot as more particularly a©M forth in a raeolutlon of the City Council of the City of Huntington Beaohp a certiriod copy of rbinh re-ro _,-tion ie her©to attmohed and tide e. pat ;ereof and deni,7;?atad a3 <<-,^o)"Rtion No,; 1512 � entitleda t 33. IMOZED TO EI�(8) R-OUP .�'f�,Dt That the time of cervice of any person employed by the Contractor ahall bo lx�:�.i�:ed end restricted to night (8) } hours during any naleadar day; axcapt in canes of cxtraordina.�j omergencyp caused by fired floodp or danger wo life or proporty end Contzactor or any oubs-Comtraotor shall keep an accurate, record shoring the number of actual hours workad by each workmen employed by him in connection with the rory here contemplated. Said rec- ord shall be kept open at all rcaz;onablo bouzu to i.napection by the City avid by the Division of labor Law Enforcement, 11a.t the Contractor chall forfeit as a penalty to tho City ton (10) dollars for each Po:...T-,zn employed in the execution of t::e Contract by the Contreotor_ or by er?y for each cuJc7dar day during which any workman to required or permit e)d to :labor more than eight hours. 34- That the Contractor ;ha?1 rot a.aeign this Agreement without the con- sent of the Cityy in rtritineq first h-,.d and obtained., 35. BID PR_T.CE: The a a3A Contractior further 5 -rees to receive and accent the following pricae as full compennc.yiGn for furniabing all uateriale and for doing 11 the work contomplatsd and emb;aced in Chic agre-cmen t= also for all lose or dozagep arising out of the nature of the worlz aforeaaidp or from the actions of the elements, or from any unforeseen difficr_l tioo or obstructions rhich may arias or be encountered in the prosecution of the cork its acceptance by the City Council of the City of Ru.nti%?ton fsea h, and her all risits of every description A. connectod with the xork; also irr. i11 : xi;eycco i.ncti=.0 b;j or iUn con::eGuerce of the 11, V. a suspermion or discontinua=e of work and for well and faithfully completing the workv and the whole thereofy in the mannGr and according to the plans and opecifi- f : -�,Ionzv / the requirementsthe f '� • underi ry 120 1 �F i _ A } t �3 1 s - .i 1: i -1 J1 • i IN WTITHESS WHMWFQ the City of Hu mtirgton Beach ha3 caused :its name and soall to be hereunto annexed by its 11ayor and City* Clark,, -hereto duly authorized, Find tho Contractor has set his hand h,ir eto q the dw and year in this Agreement first above writteno CITY OF HWJTINCTON BEACH a Hunlcipal. Co;poraticna or City P`r k _. Est.:. r , Ciontracto APPROVED AS TO FCRts City At amey Ii 1 t ittitll7l ' i111,11 ( A :STOCK C0311'ANY? I NIIt3N3, NOMc OFFICE BUILDING CONTRACT BOND ,4 nnw All Men by 14rat 11rearnts: THAT WE,...__._..__._..------•---------_.___._...... R. J. NOBLE _COO ------------- as principal, and AMERICAN SURETY C� •APANY OF NEW YORK, a corporation duly organized and existing under the laws of the State of New York and duly authorized to transact business in the State of California, as surety, are held and firmly bound unto........... ______................................_..__._--_---�._.----_ _-�. CITY Or HUNTYNGTON BEACH in the sum of---~-.---_�•_2WN=.. tISA.MD_.FIVE-MMMRED__E:EFTY_-S3X_AM..MIIQD -_---- DOLLARRS, (3---M -55 6.fin—__) for the payment whereof well and truly to be made we and each of us bind our- selves, our heirs, executors,administrators, successors and assigns, jointly and severally, firmly by these presents. ira1Pk with our seals and dated this._...._-2???a_._---,- -.day of_g!L bar �. D. bl Ght Motibithan Of the P-hant (Ohligtlttan W SUC4 tint, '9hrrvu, the above nsuned bounden ---....__._.._.._...._._..R.. _J i.. OBI.E CO.................................._czilerod into itvintraat datal.......... .---- ---_----._with the said...___..-_._..-..--_--...____CITY..1�_.HUKT�i�073._BEACH-___._.._.---------_---------•-- by the terms and conditions of which said contract ........................—..agreed to...._..................._.......... --------•-----------_--•--•------..... ........................................gonggrmrmk9t?..4!L. 4W-'Xv-T..AXpi1StG.. -rg14. 11.2bVUy..3Aq..t9_...._._._.__._ --------- --- -------------- Q.Jr.,.ZaLt;... f... and furnish all the work and material necessary therefor, in accordance with the plans and specifications therefor, as will more fully appear in said contract, reference to which is hereby made: Now. t"t icrrfurr, if the above bounden_____..._.._....------__-__--R._J. NOBLE CO. _ shall weL' and truly perform the work contracted to be performed under said contract, then this obligation to be --_it .-_-J __.-:4_ ,ha:v' in AM ;nrno and PffPr* Nn right of art inn fihnil Ar.nniP. 1n dpr t.hiq hand to or for Form 18 15 A 1 M 2 5.'r E�tatr of (Enli€ortiin LIS.: Tounttq of......... ------- (Ott 14to....................22nd.....................................bull Df.......September....................._.................._....................in the year One ThouKand Nine hundred and..........................................SIZty...Oae...............-_.......__.before me....................H.e1t i1.X:Lrk............_......_....._............................._..._.. a Notary Public in and for the County of.......... __........ ..residing therein, duly commissioned at,d sworn, personalsy appeared..............................Frank..E..--.&tVae. -........................._......._........ .known to me to he the ATTORNEY-IN-FACT of the AMERICAN SURETY COMPANY OF NEW YORK, Ile Cor�.oration that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. An Wittirso Vhorcof, i have hereunto sat my hand and affixed say official ecal- n �unty of..... .... .. .... ... . . . ............. . ....... ...............LOS. AngelP-a ...............the day and year in this certificate rout above it a. µ ...Notary lie in as for the , un y/of IDS Angeles , My Commission expires............M�,..i.:�:r::....__.►. ..�::::..:a_.:.:r_ 1?, 1?at ........................................ ..... ......._ Strtte of Cnlifornir. all , t { Cy.-- tCmC. ��7-•�p- tisa "fid.M �••tn�raSia • 1i Q � t !!ii%; iZi ove- Za ,Uh t iiiliiiu� " c .� �'roc'K COMPANY) i iH iiiii'il li6131 gy Y H014E CF&IC£ EWILOING CONTRACT BOND wunw .A11 Men hu 4rue "rPqrnt,9. THAT R. J. NOBLE CO. as principal, and AMERICKN SURE s'Y CO11,1PANY OF NEW YORK, a corporation duly organized and existing under the laws of the State of New York and duly authorized to transact business in the State of California, as curety, are held and firmly bound unto..._.._.._.._..............•---.._..._._..-. CITY OF HL-WINGTON BEACH.............___.__..__._..__._.__..._.__ _._._._.-..__.____.� in the sum of_~• ._.�_T I Y._7 US11'iii2_.i IZtE_HU�HEU..F IFxY.�SX-ANID..sn1100 ---- DOLLARS, (i.__.2f1,.55�b...5Q_.__._) for the payment whereof well and truly to be made we and each of us hind our- selves, our heirs, executors,administrators, successors and assigns, jointly and severally, firmly by these presents. Prateb. with our seals and dated this---.._.22nd_._.._..._. day of w._ ep ember_-_�_ .A D. 61 clop tQonbition of tot above (Ohligattun io s=4 t4at. W#rrrtts. the above named bounden _�_�.._.__._-.._•_----•--..-__R.�J.-_NOBLE COO...........................entered into a contract dated__._ ___------.with the said..._----..-.._...................C3TY..Cff..HtIRMGZ0H.. i-_-_--------_-__......_..__. by the terms and conditions of which Raid ______-------------•---------._____------____..._._.__..agreed to_.__--•---_---.._......_.-----_-------__------------- ----------_____.__________ ---.------- ---_.._-----•- ... _._ .Construct��►ou..o _.. Ai, g ..AVeOu�.f?Z ?_ SKY._ _t4 -------------•---- and furnish all the work and material necessary therefor, in accordance with the plans and siecifications therefor, as will more fully appear in said contract, reference to which is hereby made: Now, 04rrrforr, if the above bounden...____.__..___-____...__.._._.R. J._.NOBLE CO.� €hall well and truly perform the work contracted to be performed under said contract, then this obligation to be -�-" wd void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for me of any person other than the said........................��1RX R. J. :SOB C BY. A.MERICAN SURETY C OF NEW YORK, •�.�:..`:. C .._. ...-..............................t____--------__y- rank E, Attorney •- ey, rney in Fact4 Z- The foregoing Bond was in open Board accepted and approved, this.............—_ _day of._._._.._... _..............._......._.. ....._.._..._._............................A. D. ....... _.... 16 18 D 1M 10 54 9.-18•-61 MINGER AYEI+NE9 8E14'4 EM 400 FEET USST or^ GOLDEN WEST STREET 'M BEACH WU7EVARD 11", TIM CITY OF Hc Do +rww.+.r+r.a......r..�.+.-..o... w.rrrw.� •.'.r.�r. { w�+wr+..+•.w.r.._..+•w.•._+ur.rw..w.Nr�r.r+r....+ ( t..nw..{«��.{w}.jwkr.•...r...r wr..w+r......� �� )/�� 1 t1�*[ .w�..-.wrww.rr wwr,rir++r+.r� 2 �'.�E.", 3 1T� 4 IT-0111 5 .7.irFY. 6 ( �'A'J.:r •r � �Lf�� V .1�•.~..1 Li Pavement Mxca� , an Compaction Aggregate P�IM-0 z ili , 11 A i:aat -Seal cc-at 2 V,H. to Removal Grading 215626 sq,yd• Base 3350 T:, Coat- Bkido�� Ccnc r:te j ::2 Tono, adjust to lb'i'rtT 1882 cu, s '16�7 Cu.�dad �ool� 5�? Tcns �? 02 Toni. _....,_.._�. .... �1 _...........� �.�._..._...._..,� 1 En�ixlser�o Eatim�to 6o00 1 10 105 2 S 20 ECG, eo 6 00 5�r�; 60_eo �i 5 o co v Its �: , UEIVa(knM..00 64389,70 1,081.30 18,37o000 62h,00 3224;C L� .0M.;� 31 03 15o,00 s�....�.._. R: Dodson Constr, 11802 Gothaxd liuntin on Beach ... _..�.._.__ _. .�... .�.. -.�. ... P,o, Box 432 Al I .�"' 620 L Uly ;mod 20o34 St Normandc id Torrance ��.._....._._!._..............�............_ .� . .......r.. _........._. . ..._...�.._..-..., ....._._ .-......_ Cox Bros. Dra=r C -- Fred Croddy 410 E o 2Dth E Santa Ana __. .�. ._ ------ -- PROPOSAL TQ THE CITY OF HUNTIi�'GT0N BVLGH FOR THE RWONSTRUCTION, SMACING, AND IMOMENTS OF EDINGER AVE=, BETWM L00 FEET EAST OF GOLDEN WEST STREET TO EM- CH BOULEVARD, ri THE CITY Or BUNT s fiNGTON PEACH, CALIFORNIA, To the Honorable Kayor and Cit s Cotulci.l, City-of Huntington Beach, Ca lornia. (PublishM Huntington Aeae*Xewx,:Sa-Yt.:-7, J4,1961, .. In campli<lnca with the arnaxeci notice 1!"MTV SEA LIED >SIDS'.:. inviting sealed proposals i hereby propose .- and agme to on er into a contract to perform tiro work heroin described and to fu".rni.sh tim materiels therefore according to the plans, smcifications and spacial prDvisions for the said rtork and to the satisfaction of and under the ,upercrlsi.on of the City Engineer of said City of L�untington Beach. Me underzigmd has not accepted any bid from aW subcontractor or mterialmen through any bid depozltoxy, the b3�-1aws, rules or rtgulat io:�s of :�hi.ch prohibitor prevent the contractor Err considering any bid from any :mbcorr1znc'or or ��vcria3mQn, which is not procesned through Said bid depository., or r�aich pent any gibcontractor -.x mateelal-- men from bidding to any contractor ,aho does not use the facilities of or accept bids from or thr mgh mich bid dcpo3:i.torj. N For the fury.shiing of a 11 labor., materials is and cqui.pmnta and do a2 1 incidental work noces,caryr to deliver all the complete in place in strict confoi nity n i.til the plana, spec i.f icat ions and spec3.a1 prcrrisi.ons, on file in the office of the City En„l.war, City of Hantington Bo-ch., Califoina a, I propos-e and agme ,o take full. pa ..g at therefor at Lco fo?lcnsing uni.'c prices'. 1: -: t: Appr=i- Unit Item mate Items rjith Unit Price sly-.teen in eeords Price Total Cent is by 1 � 1 1882 Cu. Yds. Pavement Removal at cu. yd• /1% f / 2 762 f Cu. Yds. bcavation and Grading a ! S� k_ rV ZAM-C ��- V� � ■. FYI Per cu. . i 3 213,626 Sq. Yds. Basement Mat Ttial Co-mr,-iction at 7- c-'. 7-�� Per usq, y , y ti t . . Approxi- Unit Item mate Items with Unit Price W�tten in Words Pr-.ce Total Quantity 8350 Ton Aggregate Bawl at r,v F1 -P� �l�a•r.rl ram. r.��.�.w Pa.- ton. - -r 5 10-4 � Ton Prams Coat at.,,4�1_/,' T y b c /,�4t Per ton, 6 5,2 Ton Faint Binder r• Per ton. i 7 2102 Ton Asphalt Concrete at r_ .Ij / Per ton. ' 8 5.2 Ton Seal, Coat Per ton. -�= �' '•- 9 2 Each Iranboles to be adjusted to Grade at TOTAL BID If aKarded the coxztraot, the undnrbigwd horeby agrees to sign said contract, and fu-vmi&. the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten -(10) days f the date of approval of the contract fir- the City of Huntington BFach, Calif ornia. The undersigned has examined the location of the proposed work and is familiar with the plans' s ecificatione and special provisions and the loeal conditions at the place -Where the work is to te done. AccomparvIng this ,proposal is Ai _ c' �vr (NOTICE: Insert the words "Cash t? .n "Cashier's an amount equal to at least ten per cant.., of the woric. "Check," "Certified Check," or "Bidder's Botch, as the case may be. ) Licensers in aa.ccordame with an act providing for the registration ox Contractors. License ITo. SIGN , f signature of 23de-r Basiz B s s Addre s 9 Place of Residence c/ f rlC Dated this day Of 19614 2 SPEC IF ICATION A W SPECIAL PROVISIOi: S FOR THC RECO;`ISTRI3CTION3, SUWA C?t:G, AND ?? ROtTCM ?t`PS OFEDDIGER AVEt , B.�'T6iE�;t3 1�{3'� I4Ei;T EA OF 1UT,.�?N WEST STREE'! TO BEACH t WLE t'iRD, IN Ti'1E C '`y OF IMiTI►IGTON BEACH, CALIFOPUM. JAWS R. MIEJ.��R City EnCimmer 1961 STATE OF CALIFOMNIA ) COIJIM'Y OF (WiNGE } SS } CITY OF F-1114TINGTON BEACH } I HERE-I CERTIt�'Y MA ' THESE SF'I:CI!`IC,�:IDtjS AND SPECIU, PROWSIONS 1,71F,'M ADOPTED iW T;-II-; CITY COU11r.—7, 4:.1 THE CITY OF IjUiITIjTGTOIT BE::�'Iis ON T11TE, DAY :OF D.k FED THIS DAY (OF D. , I.961 City a_rej oi'Ficio Glerk or Ij City cr-l+nc:il of th.: City. of Ht%n+•;.-lr,ton D3 ch, Culifor-,O-a r.I.rTT' is ,,,, "•Ti't, .t.�•J•i..i• _ ...:� .s..t•_...r' .al �L:1 4l�L it , 4'i•1 Vl tJ.) ,JVI.l a..cl � ` .L1 • �i i'•�V•Y 1 a :,1.�� '{'coE.,�tt ,;.4�. .trill roc.onstrict kris . . -'lli? ,�,,. i.�...•_. I I o • dIri}"}ter zVt`s�;.',E �� ;:.t.t�:oi' .iL'E::: 3L ) from. y+00 ioet �'. t �.-.-: >_ _ i. �� >:.�Ii:tt :;i��ti�:�:ir-;i, �;it• of t�s�r.�i:,:•iorl .�' c�i, it S'� r .. s ,.7 w 31• t..:�.. rFtr�, •� :, i:i:lf �il 1..l_e o jl.all:%., and of t•r t _+ . .t1T!:rl" 4`t _ +!'_�• , it L and -_.acti t.i) .x; a A r .J• •11••t,ai •� ..1.. �•1 .J .. 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