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R.J. NOBLE COMPANY - 1983-08-22
r 218.. STATE FLINDED=,PUBLIC WORKS CONTRACT BETWEEN R. J. NOBLE COMPANY AND THE CITY OF HUNTINGTON BEACH FOR ASPHALT CAPPING T'iIS AGREEMENT, made an6 entered into on this _ �y day of .—, 1983 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , hereinafter referred to as "CITY, " and R . J . NOBLE COMPANY , a California corporation , hereinafter referred to as "CON'rk.ACTOR. " WHEREAS, C1TY has solicited bids for a public works project (herein. as PROJECT ) more fully described as installation of asphalt capping of various existing streets -- MSC-213 ; and CONTRACTOR has been selected and is to perform said work , NOW, THEREFORE , in consideration of the promises and agreements hereinafter made and exchanged , the parties covenant and agree as follows : 1 . STATEMENT OF WORK , ACCEPTANCE OF RISK CONTRACTOR shall furnish, at his own expense , all labor , plant , tools, equipment supplies , transportation , utilities and all other items an•d facilities necessary to complete and construct , in a good and workmanlike manner , PROJECT . M CONTRACTOR agrees to furnish all said services and material 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 •-fiction of the elements , and from anv unforeseen difficulties which may arise of be endoiliniterad in the prosecution of work , and for all other risks _ 1 Flo 1 1 of 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 stimulated to be borne by CITY, and for well and faithfully completing the wrjrk within the stipulated time and ir, the rnanner shown and described in this agreement and in accordance with the requirements of CITY under them for the compen- sation set forth in its accep'.ed bid proposal . However , the total compensation to be paid is to be computed on the basis of the units of work, as it is actually performed in accordance with the stipulated prices named in the did Sheet ( s ) . 2. ACCEPTANCE OF CONDITIONS Ul: WURK, SPECIFICATIONS CUNTRACTOR acknowledges that he is fully familiar with all the terms, conditions and obligations of the Contract Documents , as hereinafter defined , the loedtion of the jobsite , and the conditions under which thy.- work is to be performed , and that he enters into this contract based upon his investigation all such matters and is in no way relying upon any opinions or represen- tations of CITY . It is further agreed that the Contract Documents are incorporated in this contract by this reference , with the same force and effect as it the saii,e were set forth at length herein , and that CONTRACTOR and its siibcontractor. s, if any, will be and are bound by any and all of said Contract Documents insofar as they "Contract Documents $@ as defined herein mean and include : A. This contract agreement ; B. Bonds for the work covered by this contract ; 2 - � r i 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 addenda thereto , the 1982 edition of Standard Specifications for Public Works Construction , published by Builder ' s News , Inc . , 3U55 Overland 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 C3mmittee ; D. Bid documents including the Notice Inviting Bids , the Special Instructions to Kidders , 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 he of like effect as if indicated and mentioned in both . In case of dispute or inconsistency between any plan or specification , the matter shall be immediately submitted to the Department of Public t•:orks of CITY, h�,einafter referred to as " DPW, " without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expense . Should there be any conflict between the terms of this agreement and the bid or proposal of CONTRACTOR , then this agreemen� shall control and nothing herein shall be considered as 3 - 1 1 •1 r • an acceptance of the terms of said bid or proposal which is in conflict herewith . 3 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the project no later than 10 calendar days after notice to proceed is issued, and shall dili- gently prosecute it to the completion within 45 calendar days of the execution of this contract by CITY , excluding delays provided for in Section 16 Herein . 4 . TIME OF THE ESSENCE Time is of the essence of this contract . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings , details, samples , and do all other things necessary and incidental to the prosecution of his work in conformance with the said progress schedule . He shall coordinate the work covered by this contract with that of all other contractors , subcontractors and of the CITY, in a manner that will facilitate the efficient completion of the project and in accordance with Section 3 herein . CITY shall have complete control of the premises on which the work is to be performed , and shall have the riqht to decide the time or order in which the various portions of the work shall be installed or the priority of the work .a of other subcontractors and , in general , all matters representing the timely and orderly conduct of tree work of CONTRACTOR on the premises . 5. CHANGES CONTRACTOR hereby agrees to make any and all changes, -- 4 - furnish the materials and perform the work. the DPW may require without nullifying this contract . CONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is authorized in writing by the DPW. Under no condition shall CONTRACTOk make any changes , either in additions or deductions , without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRAurOR that have not been agreed upon in writing by th.-: DPW. CONTRACTUR shall submit immediately to the DPW writtencopies of its firm ' 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 be submitted without delay by CONTRACTOR to DPW. 6. NOTICE TO PROCEED No work , services , material , rjr equipment shall be performed or furnished under this agreement unless and until a notice to proceed has been giver. to the CONTRACTOR by CITY . C ITY does not warrant that the wr,rk site will be available on the date the Notice: to Proceed is issued . In event of a delay in commencement due to such unavailability , relief Lo the CONTRACTOR shall be limited to a time extension eyuc-l1 to the delay due to such availability . 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 hundrea percent ( 100% ) of the contract price , to guarantee the CONTRACTOR ' S faithfi- 1 performance of the work and 5 0 0 to warrant such performance for a period of one ( 1 ) year after crrvs 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 this agreement , including but not limited to , any workmanship, installation , fabrication, material or structural facilities constructed. CONTRACTOR, within ten ( 10 ) days after notification by CITY of any defect warranted hereunder , may, at its option , make appropriate repairs or replace the defective item or items . 8 . CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Labor Code Sections 1410 , et seq . 9 . CALIF'ORNJA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per them wages , and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract , and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this Publi:: Works contract as required by Labor Code Sections 1771 and 1774 of the State of California . In accordance with the 6 — provisions of Section 3700 of the Labor Code , CONTRACTUR further agrees to secure payment of compensation to every employee , 10 . CALIFORNIA PREVAILING WAGE LAW - PENALTY CONTRACTOR shall , as a penalty to CITY, forfeit twenty- five dollars ( $25 ) for each calendar day or portion thereof for each worker paid ( either by him or any subcontractor under him) less than the prevailing rate �;et forth herein on the work provided for in this cont-act , all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California . 11 . PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773 . 8 of the Labor Code of the State of. Cali- fornia , regarding the payment of travel and subsistence payments, is applicable to this contract . 12. EMPLOYMENT OF APPRENTICES Section 1777 . 5 of the Labor- Code of the State of Cali- fornia , regarding the employment cf apprentices, is applicable to this contract . 13. EIGHT HOUR LAW In performance of this contract , not more than eight ( 8 ) hours shall constitute a day 's work and CONTRACTOR 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 9 above . CONTRACTOR shall conform to Article 3 , Chapter 1, part 7 (Sections 1810, 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 -- 7 - CONTRACTOR or any subcontractor for each calendar day during which any worker is reyLsired 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 . CONTRACTUR shall keep an accurate record showing the name and actual hours worked 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 classifi- cation , straight time and overtime hours worked each day and week , and the actual per diem wages paid to each journeyman , apprentice or work,r employed by him in connection with the project, and agrees to insist that each of his subcontractors do the same . CONTRACTOR further agrees that his payroll records and those of his subcontractors , if any, shall be available to the employee oc his representative , the Division of Labor Standards Enforcement , and the Division of Apprenticeship Standards, and shall comply with all of the provision of Labor Code Section 1776 , in general . 15. INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTUR is , and shall be , acting at all times as an independent contractor 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 compen- sation, unemployment compensation and other payroll deductions for 8 .. CONTRACTOR and its officers , agents and employr.es, and all business licenses , if any , in connection with the services to be performed hereunder. 16 . LIOUIDATED 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 ascertain and determine the actual damage which CITY will sustain in the event of and by reaEon of such delay ; and it is, therefore , agreed that CONTRACTOR will pay to CITY the sum of two hundred dollars ( $200 . 00 ) per day for each and every working day ' s delay in finishing the work in excess of the number of working days prescribed ; and CONTRACTOR 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 . CONTRACTOR will be granted an extension of time and will not be assessed with damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the Eault or negligence of CONTRACTOR, including but not restrict<id to acts of God or of the public enemy , fire, floods, epidemLcs , quarantine restrictions , strikes , and unsuitable weather , or delays of subcontractors due to such causes . CONTRACTOR shall within fifteen ( 15 ) days from the beginning of any such delay (unless the DPW shall grant a further 9 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 ,':or completing the work if , in its judgment , the findings or fact thereon justify the delay , and its decision is conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work, by the act , neglect or default of CITY , or should CUNT;RACTOR be delayed waiting for materials , if said 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 responsible , 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 be extended the number of days the CONTRACTOR has this been delayed , but no allowance or extension shall be made unless a claim therefor is presented in writing r.o 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. 17. DIFFERING SITE CONDITIONS ( 1 ) Notice . The contractor shall promptly, and 10 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 generally recognized as inherent in work of the character provided 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 modified in writing accordingly. ( l ) Time Extension . No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in this clause ; provided , however, the time prescribed therefor may be extended by CITY . ,Y 18. COMPENSATION cin 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 fifty--nine thousand, eight hundred sixty-two dollars and fifty cents ( $ 59 , 862. 50 ) , as set forth in the Contract Documents and prov:`ded for in Section 1 herein. - 11 - i 19 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTUR will be made only tot the actual quantities of contract 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 sc.iedu?e , the cont: jct bid price will prevail subject to the provisions of this Agreement . Equit- able adjustment in payment will be made upon increases or de6reases in costs due solely to the variation in quantity above or below the estimated quantity when warranted by the facts and circumstances . If the quantity variation is such as to cause an increase in the time necessary for completion , the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion data a5 in its judgment the findings justify . No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this agreement . 20. PROGRESS PAYMENTS Each month the DPW will. make an estimate in writing of the work performed and the value thereof . From each progress estimate, ten percent ( 10% ) will be deducted and retained by CITY, and the remainder , les: 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, faithfully executed fifty percent ( 50% ) or more of the value of the work as 12 determined from tale bid -;cl,edu to and if the DPW t in.(r; that: -,aL is— t-actory Itrogr('!iti iiiis bC'Cril it ii i n a d e the t;(.`NMA(."I'L )R ina,11 bc' ' paid suet; Sum aS wi 11 t:riII the 1)nymt-,nts c,t e a c I i mc-;r.th up *cJ on hundrF'd per. cc'nt ( IEJU`>l ) Of th(: vt� l:-le ()t. t.11(: w )rk cc�,mplt-' t.t? :7i.n:.� t )•.: cOmmenct?menL .-)t the work , clS dt'L-I"Mi [it,d tJJ' UP1.4, Iti:'sS a V1c)uS 1)aymt?nts and IL!SS I ) ill-t!VI -)US rl? t.--Iirle-I tmo)tInt-c; f l !)aI paynwnt , it' unenc(Imhered , t-)I- Any 1),i rt. t:h,.?roc)t sha 11 be mad•.' thirty -five ( 35 ) days jjtt-?r- t.h, acce,)tanct� )t- the wr)rk an(I the t l l in(j cat .-1 Notice of Compl(II It)n bl• is I 'I Y . In,-�n( :. Sha l I he made on demanc15 cl'_-'a '1n it-, the manner requ 1 rt d hr law, act.tJ•,11Jan 1 ed t)y a rtifi "ate -� i !.Ined by, the DPW, =;t.jLin!) t:1lt-rt_ the wor►, for which payment 1 .9 deincln-it_''1 h,as ho?on p rfortned in ciccc72darlc•_• with the Lerrns f the cnntr. act , and that the amt-tinI :;tate(l in Ole certificate is clue undet tht- t,� r"ms c)1: ' ho contract . Dart. is 1 ayrnent, on the contract prict: s:laII nt,L '.)t: (_on.; i -d cjs vn I:tcceptanc'c: of any, Dart of thu, work . 21 . wITI-MELD CON•1'NACI FUNDS , SUBSTITU'I' IUty O1•' SEC:URIT1E5 A1. tht. r': lltest _inM t' tiI>t'r1s!.' of t'OtiI'RAc: rUlt, who shall rt_ taln hent,1 I1" 1aI nwn.t-rship and I't,'t.`t' 1Vt lnt.t_' I•t St. , It 'lrl,' there;7n , C ITY :01,1 I I I)trt"tni t tht! `,IIb Wit: l tllt: I ')tl ll(l 'iel, ,'1 ; I t tht'rewlth ot: ;Ocur- 1t ) l.'S ('c1U1V.3l1'rlt t.t7 t. ht' am ` l,illt It rinj' m )ni -,?S withht.! Ltt by CITY onsurt1 20 Ot. t111S t'cmtract . 22 . AFFIDAVITS Or SATISI•'AC't' IONI U1• C'I.AIMS At to- r the let— ion of the w, rk cOI!f.'�ml)lated 1.)y this contract , C:UN'1RACT(W shall tilts with the DPW its -itLidWit stating tha t a 1. 1 wc�rklnen and persons em1) 1(:)vQri , a 1 I r i rms Supplying 13 materials , and :i11 suhcontrac-tors uporl PROJ1.C1' have be(—!n 1)aId in full , and th,it Lh re aria 11 1irns ()uL9t.andiri(j a,.jairist P Rod .CT for t? : ther" labor or :iwt.t? r' laI , ':xcept. c r't_aiti 1 Lems , if any , to be set tr)rth in aii aft' ici.=ivit COV(,r � n:i :9iS1;uL (; claims , )r. items i!, uminect ic)rl w 1 t.h W ' thin) 1 i Wh i Ch h,17 :? !!l'E?fl t' 1 10-d Wider tile-' pr .-)visions ) f ttit! St_:itu of t:hc `t--att )t CaIitc)rn1a . 13 . WA I VE;ii OF CLAIMS 'I'ho cwc eI)t..:tr1C by i'u". FICA "If )it if thc? 1 AYinetlt. of the f: irial certificate -ih.i11 )rls!. It-ut.t, ,i W31 �1 laiins a(jainsL c; I'1'Y under �.�r artsin , tlr. >r t.t1i c_ nt. r�ic:r . )4 . iPIDEMNIE' ICAI' It1C ; HoLD HARMLESS ; DEFENSE. CUV•i'HA` _, 1 .)ii i ,; ri'1 t r"r)ttr,t , di-tt 'rid , in(lt?mnity and hold and save : " I 1"i , it -) •`inployees against any �lC1Cl ;.il I 1. 1 .9.`` I 1 1 t_}' , ' 1 `i ! r'l )t1cls�rT1lt11t S , :;t!`�t.`� and demands , IncludItiq dtc :it ?; ;r- Ir) )wr t. ., ('t )N'I k.%C i• W, IS ��mi.�1�)}'t:���5 , and dainaye to property , ciri ij I1rok-t: I inciii-ec:tl }' out t- t.ht ob 1 i (ja t i t)ns herein UlIdOrt- by c_'+-ti I't<:1:"1'c )t,: o:- ,ut ',t. the operations conducted by CONTHAk:'1UR .`;.-i':. ' In I c�xcc�t, t t.h.� i�. wnich arise` uL ot- Lhe stele nec3ligence r)r �ioI -;i I I t u I misc: -,rldui_•t. .it. CI1'Y . t'( )N1'k!%C. 'rOK Will de tend ianl SC1Ctt S11 : CS it `.tit' `;; , I c ):- t. and \ill'rise r�t C0NTRACTOR Where rt.'r.1LI02S"t-?tf tl}; C IT'i are I t!l 1't-?ns r attc)rne s 1,e S incurred by CITY in t. his c):. lig,,it ion Will be reimbursed to CITY or may he awarde 4. t,,t CI I b} a c;)urt coml)etotit juris— diction . 14 — ib 2`.) . WORKE:RS ' COMPENSATION C'uNTHACTO R 3cknowledges and undertakes i is duty under the provision, of Section 3700 :t seq . of the Labor. Code to insure against liability for workers ' comperrsat i(,n anti covenants to comply wit;r such pi -)vtsions prior to commencing thv pertormance_ of the wore; he,_eunder . CONTRACTOR shall maintain 4nrkers ' compensation insurance and otherwise comply with all of the provisions of the workers ' Compensation and Safety Acts, (-A the State ot: California , the appli- cable provisions of Divisions 4 anti 5 of the Ca 1 i tornia Labor Code and all amendments thereto ; and all similar Stare or Federal acts or laws app11cahIt- and sh-+ il furnish to CiTY a certificate of workers ' comhensatit.)n insurance evidencing such compliance . The insurer sha 11 furnish to CITY a cert i t i rate' of wor. leers ' compen- sation insurance . The provider (-)I- insurance, sha '. 1 not cancel or modify any such policy so provided without thirty ( 30 ) days ' prior written notice to CI ,'Y . CON'TRACTOk shell further require all subcontractors to similarly provide such workers ' compensation insurance for all of the subcontractors ' employees. CuNTPACTt_�,' shall furnish a certi- ficate of waiver t�f subro(jatior; under: the terms of the workers ' c.ornpersation insurance , and CONL'RACTOR shell similarly require all. subcontractors to waive subrouation . CWTRACTOR 'S workers ' compensation insurance shall be in forms and underwritten by insurance companies satisfactory tc� CITY. Said insurance shall remain in force until the work under this - 15 - r, workers ' compensation insurance , and CONTRACTOR shall similarly require all subcontractors to waive subrogation . CONTRACTOR 'S workers ' compensation insurance shall be in forms and underwritten by insurance companies satisfactory to CITY. Said insurances shall, remain in force until the work under this contract is fully completed and accepted by CITY . Said insurance shall not derogate from ttie provisions for indemnification of CITY by CONTRAC,rOft under section 24 of this contract . CONTRACTOR shall , notwithstanding nor diminishing the foregoing obligations , sub- scribe for and maintain in full force and effect during the life of this contract a workers ' compensation liability policy , in accord- ance with the Workers ' Compensation Act of the State of California , of not less than one hundred thousand dollars ( $ 100 , 000 ) . 26 . INSURANCE CONTRACTOR shall at all times marry on all operations hereunder, bodily injury and prcptrty damage liability insurance , including automotive bodily injury and property damage liability insurance , in forms and underwritten by insurance companies satis- factory to CITY for : all operations , subcontract work , contractual obligations , product or completed operation , all owned vehicles and non-awned vehicles . Said insurance coverage obtained by the CONTRACTOR shall name the CITY , 1. is officers , agents and employees 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 . 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 cancelled without thirty f3O ) days ' written notice to CITY . CONTRACTOR shall maintain all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY . The reyuireme;it for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTUk under Section 24 of this contract . Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the foregoing , CONTRACTUR shall subscribe for and maintain in full force and etfect during the life of this contract the following insurance amounts : not less than one million dollars ( $1 , 000 , 000 ) combined single limit coverage for Items A and B. A. Bodily Injury Liability and Automotive bodily Injury Lia:. i lity ( including non- ownership and hired cars ) B. Property Damage Liability and Automotive Property Damage Lia:)i 1 i ty CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance . CONTRACTOR shall pay the premiums on all insurance hereinabove required . 27. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work with - 17 - 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 writing of its intention to terminate the contract. . Unless the violation is cured within ten ( 10 ) days after said notice of intention has been served on CON'rRACTUR , CITY may terminate this agreement upon the expi - ration 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 original drawings , reports , calculations , maps and other documents , pertaining to said contract , shall be delivered to CITY and become its sole property at no further cost . 29 . DISSATISFACTION WITH PERFORMANCE In the .vent that CLTY is dissatisfied with performance of CONTRACTOR and the., procedures for termination set forth in Section 27 are followed, CITY may elect to assume complete cuntrol over PROJECT. 30. NON-ASSIGNABILITY No 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 delegat . ,.n has had prior writter approval of consent of CITY and the surety . 31. CITY EMPLOYEES CONTRACTOR shall employ no regular employee of CITY in the work performed pursuant to this contract . - 18 - 31 . ATTORNE:Y 'S FEES If my action at law or in equity is necessary to enforce or interpret the terms of this agreement , the preva i 14_ng party shall be entitled to reasonable attorney ' s fees , costs and neces- sary disbursements in addition to any other r. el it t to which he may be entitled . If Cany action is brcught against CUNTRAC'TOR or any subcontractor to enforce a :stop Notice or Notice ti; Withhold , which names CITY as a party to Said action , or by reason of which CITY incurs expenses , CITY shall be enC i t leas co reasonable admini- strative and attorney ' s fees , costs and necessary disbursements arising out of the processing nt. Stop Notices or Notices to Withho'd or any Simi lai Ie,,jaI document arising out of the performance of this agreement . Said obligation shall be provided for in the labor and materials payment bond required of CONTNACTOR. CITY may set off any unreimburse(j cost -)r- expense so incurred against any surn or sums owed by CITY to CONTRACTOR under this agreement . REST UY PAGE, NOT USED - 19 - 33 . ENTIRE`1'Y The foregoing represents the entire agreement between the parties. IN WITNESS WFi!-:l% E:UF , the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written . CONTRACTOR: CITY UE HUNTINGTON BEACH , R . J. NOBLE COMPANY A municipal corporation 411, Neill R. E;/an Vice President �-- Mayo . William T. Carver - Secretary ATTEST: APPROVED A5 'TU FORM: y l.e r 1% City Attorey 1k3 -r C-�Ij REVIEWE rND APPROVED: 'rIAT ANU P UVED: City Administrator Director, 11trbtYc Works 9/21/83 TE:kdl 20 — 7 ,-T ACKNOWLEDGMENT OF SURETY CALIFORNIA ST.�TE OF t ORANGE SS'. . . ;•.-� ,�:,r_ t.,, ,',h �:art COUNTY OF On this 31st (lay 0( JANUARY v) 8-1 personally appeare(I before men DAVID A. BENDER PERSONALLY 0KAIN M ME (OR PROVED ZID ME OfJ 111F BASIS OF SATISFACTORY I1rIDENCE) who belng dilly morn did df?p0.i@and 'iii`' ttlat iL' I�. thf c3ttrrtlE'`' 111 f?Ct (lf the Ohio ?i'�l r Irl•!1r:1f ct) (,("11(1dny of V1E'Stfield Center. Ohio,that the seal affixed to the att'fchf,;t m1rument is the Corpor?te S--al of :,i;d Cor,)or,ihon. acid that aid instrument was signf?d and sealed on behalf of ,ii(i Corporation hy �autl1ority of 0', R(lard of OIWON !1d t'," ,,;i-ri I)AVID A. 13END1 R a acl nowledi ed that tip N>!ecutf'(t':md r!51rurr it ,!I('h Wom,l v In f-�C!x1't tt rr t t a!1(f(1" '(',( �` 1 r1('or por'-;tlorl t I 'TATE OF CALIFORNIA. ORADIGE ! ss. CQUNTY Of. ON.—__FebruarY__2.,.._ 198 _�-- 19—, before me, the undersigned, a Notary Public in and for said State, personally appeared i ' WULL'IAM_-TIMOTHY. .CARVER, _�_ _.._, known to me to be the SECRETARY ': .�.L._,.:� of the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to mr that su0 Corporation executed the same. WITNESS my hand and official seal. I� II -- i ACKtIOMItOCMIMT--Cw"totlon.-"IIC4ttl /one M-01v 3-44 Votary Public in and for said Stitt. } .�• `�. • B C.,® N O. 434 3 5 4 -M _r Mai'rTtenance Bond Ohio Farmers Insurance Co. Westfield Center, Ohio 44251 KNON%? ALA. SEEN BY THE'SIE PRESENTS: That we, R . J . NOBLE COMPANY D•j^uty City Attornof, (he.rr.inafter called the "Principal"), as Principal, and the shill Farnwrs lntitlriaire t;oenlmny, of tliv Village of Westfield Canter, Ohio, a corporation duly organized o ider the laws eil Ilse SI;IIe of Ohio, and duly licensed to transact business In the State of - (hereinafter called the"Surely"), as Surety,are held and firmly I!ound unto CITY OF HUNTINGTON BEACH (hereinafter called the "Obligee"), in the surn of FIFTY NINE THOUSAND F•.IGHT HUNDRED SIXTY-T11O AND 5Q/ 1 Dollars (g 59 , 862 . 50 ), for the lueyment of which suite \t•el1 and truly to be niarle, we, the said Principal anti the said Surety, bind ourselves, our heirs, tAccntors, administrators, successors and assigns, jointly and severally, firmly by these lirments. Sealed with our sells and elated this 31st day of JANUARY A.D. nineteen hundred anal 84 • - NVHEREAS, the said Principal has hcretoforr cnterrd into a contract with said Obligee dated OCTOBER 19 , 19 t'3 for INSTALLATION OF ASPHALT CAPPING 1 ON HEIL AVENUE FROM NEVILAND STR FT 'ro LANDAU LANE , E'r AL . and; NVIIEII AS, the said Principal is required to guarantee tliv ASPHALT CAPPING installed uneler said contract, against t 4cuts in materials or workmanship which may develop during the period beginning on the 10t h day 14 N0VEMRER 19133 , and ending on the 30th day of _ NO VEMBER , 0 sit In no event shall losst-s lmid toider this Hemel ;u!grcgaty more than div amount of this bond. e• NOW, 11111 REIFORE., THE (:ONI)1'1'1UN O '1111S 0111AGATION IS SUCII, tlent.,if said Prin- cipal shall faithfully curry teen :cod 11 Maria dw said goaranttrr, and shall, on dues notice, repair and make pod at its own expense ay n and all defects in tnateria Is or workmanshii) in they said work which mayys develop k during the period srecified above or shrill grey over. make gwd ant reririiburse to the said O1ili gee all loss and damage Which said Obligee may sustain by reason of failure or default of said Principa� so to t;o, then this obligation skull be null and void. othcr%'vkc shall it-main in full force and effect. R. J. NOBLE COMPANY incip inci L i;y+ 3.1].iam 'moth aryer, , Secretary OHI _ r 1Hf IN i co iP ITY eos9s3 Fact DAVID A, � -in- t General Po,-V No . EO-01 f �Attur�ey o thio Fc! rM' e* ,rsts* urance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That OHIO FARMERS INSURr'JCE COI: AnY,a Co►po►aho-culy o►canizec' and exi:;ing under the la•:ds at the State cl Ohio,and having its principal office in West lot Center. !.!e;�n� Coc,nty, Chic does by trese j resents ma►e. ccnct,tule and appoint D� N A. BEr;D-_R et Sn'; A .q;;�... .. . .. . .... .. .. .. andStateof ..CALIFORI•,Ik its t►uean_'a..fulAtto►nei(s)-in•Fact. full Power and authority hereby conferred in its name.place arid stead.teexecute,ac►ncv.lec;e and deliver AhY AND ALL. E01'DS , R ECOGI:I ZUf CES , UNDERTAKINGS , ..OR .OTHER . ,?NSTRUP.EI1TS . OR. OF .SURE T YSH;P . . . .. . . . . . . . . . . . . . . . .. . . . . . ... . . . . . . . .. .. .. .. •. .. . and to bind the Companythereby as fully and to the same extent ns it such bonds were signed ty the °residi n;. staled with ;he corporate seal of the Company and duty attested by its Secretary.hereby ratifying and ccnfirminc all that Ile said Attc►ney(s)-in•Fact may do in the premises. Said appointment is made under and byauthority of the following resolutio.is a dcoleo by the Eoard of Directors of the Ohio Farmers Insurance Company: "Ee It Resolved,;that the President, any Vice-President, any Secretary or any Ass;slant Secretary shall be anc. is hereby vested witn full power and authority to appoint any one or more suitable persons as Attcrney(s)-in•Fact to represent and act for and on behalf of the Company, subject to the following provisions: "Section i, Attorney-In•Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,acknowledge and deliver.any and all bonds,recognizances,contracts,agreements c!indemnity and other conditional or obligatory undertakings and anyand all notices and documents canceling or terminating the Company's liazility thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Comca ny as if signed by the President and sealed and attested by the Cor- porate Secretary," (Adopted at a meeting held on the 3rd day of July,1957.) "Be It ftso►ved, that the power and authority to appoint Attorney(s)-in-Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 19571, is hereby also granted to any Assistant Vice-President.' (Adopted at a meeting held on the 13th day of July, 1976.) In Witness tti'hereof,OHIO FARh1ERS INSURANCE COMPANYhas causes these presents to be sinned by its AS.ST. . .U.CE. PRESI.DENT , and its corporate seal to be hereto affixed this ... ...28.t h .... .. .. .. .. . . . dayof . .. . .. .JANUARY. . . .. . . . . . . . A.D.,1980..... OHIO FARMERS INSURANCE COMPANY CALIFORNIA L0 G- GRAH,A* M, JR . , ASSIST �r'T VOICE Stateo1 . . . .. ...... .. .. .... .. .. .. .... . County or . .O.�AIIGE. ,, ,, .• ., .. .. .. .. . 35 PRESIDENT Or,this . .. zs.th. .. ., , dayof .. .. JANUARY. .. .. .. .. .. A D, to 80 . ,;ef-•e me personally cane LOUT S G. . CP,AHAM,. J R.. , to me knowr,,who.being by me dully sworn,did depose and say,that he residesir, . -11NIA ANA ;thatheis ,AS.ST., •,VI•CE .PRESI.DEt; o;OHIO FARMERS INSURANCE COMPANY,the company described inane v►hiCh em eCuted I")e aC;%e instrument: that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal, Iha: it was so alf ixed by orCet Of the Board Or Directors of saiZ Company; and tr,ci ne signed his name thereto pYt���h:Y+•• ..+• r • . - • • • + •• • • • • J) • �,~1ti`a ri}��'�IrHl�, t.I. I�I/:i? .•: 1• �� CtZ L. /(�c.Ctz J • :b+K'•• + V. :i: i . . . . . . • . ... . .. .. . . • �. :,). NOTA-Y I�u'l 'C •,' 1.7 . Notary Public State of . . . .CAL I FO�NLA � f-t' ommission Expires !uze 12. 1�51 � ORANGE ".4*0 ••.•.4+0�•0•••..• I...• •oa County of ss.: CERTIFICATE JOHN X. ..CO1-MES. ................... ...... .. ..ASSISTANT . . Secretary of the OHIO FARMERS INSURANCE COMPANY,tlo hereby certify that the above and foregoing is a true and correct copy of a power of Attorney. executed by said Company, which is still in tutl force and effect:and funhermo►e.lhe resolutionsof the Board of Directors setout in the power of Attorney are in fullforce and efft!ct. In Wryness Whereof,I have hereunto set my hand and affixed the seat of said C Pany at ViestfielC CenIE',Ohio.this 1,3.t.. .. . . . .. .. . ... dayof .. .. .. .....JANUARY.... ... A.D.,19 8.4. •, �� ` �• ASS 1 STANT � •8ecretery..... BD 5�10 C (Rev, 2-t7) Cl P" )I AJ I .. ......... T 0 N 11 VA C A I I V0 I i l,'I A CITY (A 1IONTIN6 4y � - -.-_-. , 0. % A MUNICIPAL CORPOrWrior. This i� its iortil,i tit-it m., o ill 1111111,111ce .Is dewfille.1 111-111w hay., [)"w Iliticti ',1 III- Ifliti(--d by IV,- tinder., i. -1 Im; Ire 11 force at this 111"Ie If ith,'$e I)o1li,04 'Irt, 1'quirt-11"d (it ch.111111-0 "1 1111:11 a irl'unner tlI,.t affert this cs:tlif.4.,ite, till! imitr.,fict- I ,,Pi:ipon`j d(III-I1 to (41vt, :Afldays 11flor %vr.tl1!f1 notice, by mail. to City of flunlinglon Boach 11. 0. (lox 711, lliintin:lItm fle.i0i, Gilif:)rnia '0648 ALL ITEMS MUST fit CW.44.171FI), ANY DELETION OR CHANGE IN THIS FORM SHALL HE sintirn mm) DA i f. D BY AN AUTI-40RIZED REPRESENTATIVI. 01' THE INSURANCE COMPANY AND MIDST BE Aill"Fi(DWO IN WRITING HY THE ci ry ATTORNEY. Name of Insured Address of Insured lt A) Location of Vlcrk or Operations to he petformvd A J 1. f r f ,iT ffJ I Description of Work or Operations !0't'i U I't V. i POLICY DATES L I FA IT% 017 1. 1 A B I L I TY NAME OF CIDNIPANY P0LIrIrS IN I'Ua—F POLICY NO. Ef lactivto Expiration In Tholsan 1, 1000) 1 IN ft.) GENERA . LIABILITY CCIMPREHEN'AVE F!or,P.i CSL PREMISES - OPERA'rioiss j I Each Occut.111CA r-XP?.O%ION AND COLLAPSE HAZARD UNDERG14OUND HAZARD i PRonuCTS COMPLFTEn CIPERA NONS HAZARD CONTRACTUAL INSURANCE BROAD ronm PROPERTY DAMAGE IN13EPEPAOFNT CONTRACTOnS PERSONAL INJURY AUTOMOBILE LIA131LITY COMPREHENSIVE FOn?.1 I OWNED rSL HIRED F ach Ocruranco NON-OWNCO EXCESS LIABILITI; lXI umenELLA FORM I I OTHER THAN LIVIsRELLA FORM WOnKE FIS'COMPEWSATION ar)d • EMPLOYERS' LIAIIILITY Additional Insure,J Endorsement: Thii insurer agrees that the City of Huntingtoit Beach in(l its (,'sty CA.tjriCil, inri!nr all City Comic-I appointed qrour,% rommitipes. commissions, boards drid any other Cit-, Council appointo(i body, and!or oh-ct;ve and appointiv" r)ffitvr,, servants of employees of the City of Huntin,pon Reach. when acting as stich ar-, odditional instir os horckinder, ft), the act!- 0 thp irimm-0, and such Insurance shall be primary to any insurance of the 17i'y of 1-funtirit)l-In Roach, at 1hvii intrrest may appear. Dal" AUTHOR1,1117) UPRE5171VATIVE OF INSURANCE CoNir(XNY IN,;unANCF COMPANY J",S lf:j Narre Addrmi CA. 0 0 54 Address 2 1 W I CJIV LOS HOLD 14ARF4ILESS AGREEMENT Corporation (to be executed by insured) The Ensuredagrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its offic-irs, agents, anri employees against any liability, loss, damage, Cost, or expense li-- reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employers, agents, or any subcontractor or by any third party arising out of or In consequence of the performance of all Rr any operations or activity for Which this certif ica'e of insurance is iurni!hed. (1) Sale Proprietorship (?) Partnership 13) Caro'nru'lion vVylher (Statp) PAUL H. CLEARY, JR. , HOLD HARMLESS SIGNED- By Insured: '/"i,"L / . Title PRESIDE14T WILLIAM TIMOTHY CARVER (Ali' names shall he printpd or tylied By Irmurpil: below"4:h lignature'l 11 Corporation, TWO Officers must -ign,or present evidt.,ice of authoritation to birid Corporation. r • R.J . NOBLE COMPANY ASPHALT PAVING — ENGINEERING CONTRACTORS 15005 LINCOLN AVENUE P.O. BOX 620 • ORANGE. CALIFORNIA 92666 • 17141 627-1600 t213) 626.1020 LIC A • 121735 September• 26, 1983 City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 Re : Job No. 5509 MSC #218 Heil Ave. , from Newland St. to Landau Lane, Huntington Beach Gentlemen : Enclosed please find the following documents executed and notarized coverinc_ the above subject project. bi Coast ract Performance Bone! Payment Bond Certificate of Insurance - with umbrella If you have any cluesetons regarding the above, please do not hesitate to call me. Very truly yours, i William Timothy Carver, Secretary %VTC /mg II STATE OF CALIFORNIA, Ss. i LbuKrr oF_ O R A N G E September 26, 1983 ON--- ---- - - ---- -- 19— , �! before I' mN th� unddersiT_ d tar appeared j+EL R. N VP& $64T659 WI LLI AM TIMOTHY_ __ , CARV5R known to me to be the SECRETARY _of the _ J . NOBLE COMPANY R . J _--- 'i on M. A. G C-`1:071` �{ executethe d thetwithin Instrument, onebehM of theCorporation.herein named, atd acknowledged who ,.. , qat 8 NOTA,?Y KELIC� C-1_,c..(.A f to me that such Corporation- c ration executed the sa C o'�rr dy Co WITNESS my hand and official seal. j1 ACIt1�OwtEDGMENi-Cataat�an—w�kott� fam M—Rev, SM M y Public in aid la said-Sp. CIAL SEAL J.oF'I E. JERN GAN '•�.��`��- '+J�A:'} r't1�uC C;,UF? NIA ACKNOWLEDGMENT OF SURETY � ; Pr hC,FIAL OFFICE IN ORANGE COUNTY ' STATF 01- CA1, 1 F'-0 T3N I r, Mr , ,�; r; EaF ; Es JAN. 24. 1984 s%. COUNTY OF On this c1a%, nE ;;i FrI;:�•i'i l() ' 1;rrsonally aPhearrd before me PEiL1301NA LY KfJAJ;J 'B; her: ( Uk PO '.'F:i !L ( '; 'il! : E who hPtni! only '.'%orn d-d rlepo<< 3nd ;,t� t''at ho i.� tho (0 t,,,, f.ir•rt:r In,urance Company of Westfield Center, 0hto. th,jt the sc>>1 3Ifi (I ,o 1h ,itt,3ctiwj ir,;trurr rit th, rnrInnr.I c, 31 C�rp"?r'! n, Ind that saint instrument was signed and sealed Jn behalf ot':.1'(I C-'trporatlr,n h'j aUthci.rty ,1 it: j�fi.lrij ref C,r r. ,r 4 rho. j.r1 ) r r F N 1) s �C1'n011i�'rtr" tt� t tl�� e���! ut•'rt ,:3!+� In�trUrT!�'.r�t t'. ' Ui't �H�rr .�•� ,h, r,�'r ^,• !r'Q+r[`" �'! Cnt �e do0 card l'orporitron i In5urance Co. Westfield Center, Onio 44251 Performance Dond - C iilifornia F't,hlir Work Bond No. 434 354 Premium $1,299.00 KNOW ALL MEN BY THESE PRESENTS: That we, R. J. NOBLE: COMPANY a CAI,I FORNIA CORPORATION as Principal, and OHIO FARMERS INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact a surety business in the State of California,as Surety, are held and firmly bound unto CITY OF I?uNT'rNCInN BEACH as Obligee, in thesum of FIFTY-NIM E T110USAND EIG1T 11IJ14PRED SIXTY-71-10 AND 50/100 Dollars, ( 59,862.50 ) for the payment whereof well and truly to be made, said Prin- cipal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT WHEREAS, the above bounded Principal has entered into a contract dated with the said Obligee to do and perform the following work, to-wit: INSTA ILATION OI' ASPHALT CAPPING ON [*',IL AVENUI FT1tX-1 NFI1I..AM) STRF:FT TO I-rVNDAU LANE:, LUCIA LANE FROM ARNE"IT DRI`IE. Tt) HEM AVF:NiTE:, LOIS CIRCLE, CIFCLF., JUDY CIRCLE, ORINDA. CIRCLE, W -WARL' CIRCLE, S110AI, CIRCLE., I3RI:A�E•:R.S DRIVE ANT) DOLPHIN DRIVE E`PCf•1 'I IFF1% IM,'L TO 100 f 'T-EI ' W 5T OF FSTMRY IX f (MSC-218) as will more fully appear from said contract, reference to which is hereby made. NOW. THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void,otherwise to remain In ful I force and effect. No right of action shall accrue under this Bond to or for the use of any person other than the Obligee named herein. Signed and sealed this 26th day of SF:MMER , A. D., 1983 Witness: R . J. NOBLE COMPANY N I EV �t ;-V CF PRESIDENT WILLIAM TIMOTHY CARVER, SECRETARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 ar s ra Company t. r By: ©D 515E Calif Attor ey- n-Fact - DAVID A. BFIZER General POVER 110 . 80•01 Power i Farmers IPsu'ranaeco. io of Attorney CERTIFIED COPY '„Pesl! .!" f:er1'?r, Ohio Knorr' -.'l ME—,- ;; Thesc Fresents.That OHIO FAR.1ERS INSURANCE C0=1PANY. a :,atior c,ily cr5anizei and ei,st,ng under the laws of the State of Ohio. anJ having its principal Mice in Vr's iel�D rater, Vedina ountr, Onio toes by t^<.se ;resents ►-�a.e. ccn:,lr!u1e anc appvint A . BENOER '.T r . .r . . and Sate t CAL FGr".II of SA I, n. rti-� O I IA !!St,.pe'o av:fVl.aOrrfy(s)•in•Fz.1,vti,th,full cOrverand authority herucycsr,IErred,nits name,Glace and dead, to execute.acl,rc.%1e.ye anc Celi►er ANY It.I@ A,LL B0',ILIS , REC0GNI ZAIXES , UNDER TAKING.S ,. .On .OTHER. .INSTRUMENTS OR CONT PACTS OF , SUR=TYSHIP.. anJ to t�rnC the C�jr-camy thereby a: fully and to the same eiteni as o !uc�i bonds ►+ere sjcne: :r !,e Pies,cer!_ seaiec with the corporate seal of the C^^ c2^y and CUIy attested by its Secretary, hereb'r ratifying ar,c c.r! rr, nos au tG2; 1nH : .:11:rneyls i•,,i-Fact rn.4y co rn the premises Saic appoiniment is made under and by authority of:ne leilowiny resoiul,e^s ac:=e? by � tr.e Eca►c cl ,rectors o'the Ohio Farmers Insurance Company: "Be It Resolved, that the President. any Vice-President. any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as At!orney(s)-in-Fact to recresenl an!act for and on behalf of the Company, subject to the following provisions' "Section, 7, Attorney-Ir1•Fact. Attorney•in•Fact may be given full rower and autn:nly for and 'n the name of and on behalf of the Company, toesecule.acknowledge and deliver.ony and all boncis.recognizance s.contracts of indemnify and other conditionalorobligatory undertakings and any and all notices and documents canceling or lerm,nat,ng the Corrigan,s l,ab-1,ty therevnder,and any such instruments So executed byanysuch Attorney-in-Fact shall be as binding upon the Company as if sacred by the President and sealed and attested by the Cor- porate Secretary." (Adopted e'a meeting held on the 3rd day of July.1957 ) `Be It Resolved,that the power and authority to appoint Attorneyfsl-in•Fact G►ar,tec to cer:aln cfticers by s resolution of this Scald on the 3rd day of July, 1957. Is hereby also granted to any Assistant v,ce•Presideni" (Adocted at a meeting held on the 131h day of July, 1976.) In Witness l.'he►eet,OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its ASST.. ..VIC E . P.RES I DENT , and its corporate seal to be hereto atfixed this :. .. . .2$Lh, „ ,• ,_ davof . JANUARY . . AD.. 1980. .. OHIO FARMERS ItSURANCE COMPANY CAL OR G. G:AHAM, JR. , ASS CA IST NT VICE State of . . . . . L-IF . ..fJ.. .IA. .. .. .. . . .. . LG County of . .ORANGE.... .... .. .. . . ... . ss.. PRESIDENT On this . . . "8'h . .. , . dayof . . . .JANUARY . . A 0 . 19 Q� . ,before nis of-sona 1)eac,c LOUIS G.- _ GRAHAM, . JR. . , to me known.who,being by me duly sworn,did depose and say.that he resides in . Jrj,11T�1 htiA ;that he is AS-S T. ,• Vi C E . PRES I DEW of OHIO FARMERS INSURANCE COMPANY,the company descnbec in anC w hiCh executed the above instrument,that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal,that it was so atft.pc by order of the Board of Directors of said Company: and that he signed his name thereto • " 11.00 • off • r , Lr'1 • ,�"�`., CY.N I H I,", L. '.'r►,,?�.': �� ',��:.l f[z L /� (��cfl� - ? . rC C�,,•r7Q i Notary Public.. • • Expires jinn 12. 1DE1 CALI FORK IA fir ommisslon State of .. .. . . . ORANGE ........... . .....o.�....... .. ... ...• Countyol ss.. CERTIFICATE I. JOHN I.. COABES...... . .. .. .... ... . .........ASSISTANT .. Secretary of the CHID FARMERS INSUP ONCE COMPANY.do hereby certify that the above and loregoing is s true and correct copy of a powf.r, of Attorney. e•eculeci by sarcl Company, which is still in tun force and effect;and furlhermore,the resolutions of the Board of Directors,set out rn the power of Aito►ney are in full for cc And of lea. In Witness Wnereol,I have hereunto set my hand and a?Breed the seal of said CC-npany at Westfield Center.Chit),this dayof . ....S.EFyIrr. WR............ A.0..15183.. . f it ASS t STAt1T Secretery 80 .5410 C (Apv.2.771 STATE OF CALIFORNIA. ' I' COl'N1Y of ORANGE t ss +I ---ON___ September 26, 1983 before me, tt,e undersignedd� NNott y Pu +i&P pk p�sl�Rap, rally appeared NEIL R. E�AN _ _ WI LLIAM TIMOTHY CARVERknown to me to be the SECRETARY- _ of the R . J . NOBLE COMPANY -4 — — i J •�, cr the Corporation that executed the within Instrument, known to me tQ be the person who II M. A. CF,'-,C' ` c: executed the within Instrument, on behalf of4he Corporation, therein nam d, and acknowledged I� to me that such Corporation executed the same. bey E,; •�' = -� - - WITNESS my hand and official seal ,. AeKNowttetMINr--rara.tao�—weicous ray+m—Se.. Ise otjry Public in and for d Stpte. e OFFICIAL SEAL J. E. J ERNIGAN ACKNOWLEDGMENT OF SURETY ~� '� ,c �. �•���;; r.auc o P1,15l1C CALIFORNIA • *. ; "r ` PR iNCIP:L OFF.CE IN ORANGE COUNTY STATE: OF CA1, I !'()PI`;I Nr CGM."�S!014 LXPIRES JAN. P4. 19114 �,. On this 26th day of :a: i rI i:':' I':' v)S"- porsonalh• appeared before me PERSI.rV L.I.'i it l tip: H-C I'RU-.1•:I ' 'IC i '11!." BtV I E' who belnv duk s,.%otn did Oepo` !' ,an(1 S,Iv that her lttorrno> �r, t I,-t�.} t�,P (1h�,; r:�n,� r:, Inc,Irr vide Comp3n} of ,Westfield Center, Ohlu.thPI MP ;Pal 3IfIted to ittil-hp(I m-inJrl'w;r i,—.,' Cor �7.?� ! ?nd ih?t _;old InSir'JfTIPnt 'N3S SIpnPd and $ealod v beh?l1 Llt`>aId Cnr:rralt r!t � c?C!'.nphlE(ti,edthsihPP><PCUiP(1 .11t1:r1Cifllf,l��{�tl; :ll'r� ;+ij;�r��el lr' 1j(� ,nc� 'I-};t�:�r�,. 3a3^_' i1���,,'t0!°�I(1 (��rt)(1f?tl�rl zI, . Insurance Co. G� Westfield Center, Ohio •1.1251 PIZf7-lTU1•1 INCLUDi?D IN M- - rMNC' r.' h). Payment Bond-California Public Work 13ond No. KNOW ALL MEN 13Y THESE PRESENTS, that R. J. NOBLE COfdP/V.I'/ as Principal, and the OHIO FARMERS INSURANC'- COMPANY, a Ohio corporation authorized to execute bonds in the State of California. as Surety, are held and firmly bound unto CITY OF IiUNTINGPON BEACH as Obligee, in the sum of TWENTY-NINE 'THOUSAND NINE HUNDRED MMY-ONE AND 25/100----•--- Dollars (529,931.25 ) forwhich sum we bind ourselves. our heirs,executors. administrators. successors and assigns.jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal on II-e day of 19 ,entered into a contract with the Obligee for INSTALLATION OF ASPHALT CAPPING ON HEIL AVENUE FROM NSILAND STREET TO LANDAU .SANE, LUCIA LANE PROM ARNEIT DRIVE TO HEIL AVENUE, LOIS CIRCLE, DONALD CIRCLE, JUDY CIRCLE, ORINDA CIRCLE, HCWARD CIRCLE, SHOAL CIRCLE, EIREAKERS DRIVE AND DOLPHIN DRIVE FROM TOPEKA LANE TO 100 t TEET WEST OF ESTUARY LANE, (hISC-218) k NOW. THEREFORE, if the above-hounded Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted. withheld. and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the surcty or sureties will pay for the same. in an amount not exceeding the sum specified in the bond, and also.in case suit is brought upon the bond a reasonable a'torney's fee,to be fixed by the court, This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file clairtls under Section 3181 of the Civil Code of the State of California. so as to give a right of action to them or thpi r assigns in any suit brought upon this bond Signed and sealed this 26t1i day of SEI''I'--18E13 1983 R—J 140BLE_MIPAIIY._ N_EI}_R . EV _N ICE P SI'DENT l�,cfa.,•v�?'� ncipal WI LLIA TIMOTHY .RV R, SECRETARY OHIP F RME 'S A COMPA By DAVID A. BF14DE Attorney-in-act BD 5753 Cal Contract • Public - L b 1.1 (r?ev 5.16•83) General POWER NO. 80-01 • Power. io `` i ' I �`of `Attorne �� IA1 I� �� 1� �t.il � � � O�r 0 CERTIFIED COPY V,estli-eld Center, Ohio Know All I-fen cy These Presents, Tnat OHIO FARMERS IN'SUAAIICE CO:!PANY,a corooratron duly crganized and ex fisting under the lays of the Stateof Oh o. and having its principal office in We,{1Jivfl D Ater BEt1DE County, Ohio, does by these p►esents make, censUtute and appcint of SAiITA AAA . . andstaieof CALIFORNIA itstr,,eareia&IuIAttcrney(s)-in•=act.with full pcwerand authority herety conle rred in its name,place and stead,to execute,ac►,nc V.,leage and Ce liver •A.UY. :=,t1D .ALL. BONDS., . RECOGf►IZANCES I . .11I1DERTAKIt1GS, ..OR. OTHER..It-1STRUh1EI1TS. OR. .COIITP.ACTS OF . SURETYSHIP. . . . .. . . . . . . . . . .. .. . . .. .. . . .... .. .. .. .. .. .. .. . . .. . . . . .. . . . .. . . and to bind ."e Company therebyAs fully and to the same extent as it such b�nCs •.+ere ty the President. sealed with the corporate seal of the Cerr,oany and duly attested by its Secretary•hereby ratifying anc ccr.laminQ all th2t:he saiC All.crney(s)-in-Fact may oe in the premises Said appoirtrnent rs made under and byauthority of the following resolulions adc,ted by the Soard of Directors of the Ohio Farmers Insurance Company: "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Ailcrney(s)•m-Fact to represent and act f or and on behalf of the Company, subject to the following provisions:, "Section t. Attorney-in-cact. Attorney-In-Fact may be given tuft power and authority ter and in the name of and on behalf of the Company, to execute•acknowledge and deliver,any and all bonds,recogni:antes,contracts.a greemer,ts o!i ndernnity anc other conditional or obligatory underta►ings and anyand all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executeG oy any such Attorney-in-Fact shall bear binding upon the C:mpany as if signed ty the President and sealed and attested by the Cor- porate Secretary." (Adopted at a meeting held onthe3rd day of July, 1957.) "Be It Resolved, that the power and authority io appoint Attorney(s)•in•Fact grantec tc certain ctf+cers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice-President." (Acepted at a meeting held on the 13th day of July, 1976.) In Witness Whereol, OHIO FARMERS INSURANCE COMPANY has caused these wesents lobe signed by its ASST.. .V ICE. PRESI DENT , and its corporate seal to be hereto affixed this .......28.th .. .. . . . . . . . . . dayof . . . .. . . .JANUARY.. .. . . . . . A.Q.. 1980.... OHIO FARMERS INSURANCE COMPANY CALIFORNIA L0�?-S G. GRAHAt'1, JR. , ASi-ViCE State of .. .. . . .. .. .. .. .. .. .... ...... . County of ..ORANGE. .. .. .. ...... ..... ss" PRESIDENT oreme tom known,who bein by m duly sworn.did depose andsa thaatmere$si resides in $ANTArSANAIycame :LOh th is MT, JTCERPRESIDEt1-. 9 y Y es oIOHIO FARMERS INSURANCE COMPANY,the company described in and which executed the above instrument:that he knows the seal o! said Company;that tnt seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Company; andthgthe Signed ors name thereto b,A44cw M#o• l%4% ► . - • . 1 •" • ••• ••- �" CYO)1 HIA L. Iv!! G134, 'L- ,_T�'��z L. j c 1i, J NOTA::Y I'!I:t.rC C�,.170W:ia �.. Notary Publi. .. CAL I FURN IA uy o .mission Expires June 12. 1061 State of . . ..... .�•��• •��6 • o�e��e�•e••• � •o�• •o� County of .ORANGE.... .............. ::.. CERTIFICATE I. ,J0H11. W....0014B1S. ................... ...... .. .ASSISTANT. . Secretary of the OHIO FARM!ERS INSURANCE COMPANY.,do hereby certify that the above and foregoing is a true and correct copy of a power of Attorney. executed by said Company,wt:rch is stilt in full force and effect.and furthermore,the resolutions of the Board of Directors.set out in try power of Attorney are in lull force and erect In Witness Whereof,I have hereunto set my hand and affixed the seal of said C pany at Westfield Center,Otno,this . .zGi;h. ,,, ,. ,, ,, .• . , . . day of .....SEP.MSER .. ......... A.D..t ASSISTANT Seerctary I. ))acorn�rnpn�l ,tttd Cuyry run,yrlet�rltart lic:�t� !u CFFITIFICATL Of INSHFIANCI. Approved its to Form; City of ►hrnlinytnn tin.rclt TO Gild Htlttotl, City Altyfrsey CI \�rsk Man.u�•mont Dept. R Dept. 71t CITY OF HUNTINGTON BEACH, CALIFORNIA By " _J Hentingtun Bloch.CA 92641; A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these pulicies are cancelled or changed in such d manner that will affect this certificate, the insurance company agrees to give 30 clays ptior written notice, by snail, to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92648. 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. Name of fissured R.J. NOBLE C(Y4PANY Address of Insured P.O. BOX 625.. ORANGE, CALIFORNIA 92666-0630 Location of Work or Operations to he performed MSC #218 - HE!L AVE FROM NEWLAND ST. TO LANDAU LANE Description of Work or Operations joBo56og POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effuctive Expiration In Thousands (000) (INS.) GENERAL LIABILITY 14 COMPREHENSIVE FORM UGA 011162 7/ 1/83 7/1/84 $ 500. CSL UNICARE INSURANCE [A PR!MISES •OPERATIONS Each Occurance IXI EXPLOSION AND COLLAPSE HAZARD f)4 UNDERGROUND HAZARD (Xt PRODUCTS COMPLETED OPERATIONS HAZARD I)o CONTRACTUAL INSURANCE 1)Q BROAD FORM PROPERTY DAMAGE I)o INDEPENDENT CONTRACTORS IXI PERSONAL INJURY AUTOMOBILE LIABILITY Iw COMPREHF.NSIVEFORM UAA 011162 7/1183 7/l/?4 IXI OWNED 500 CSL UNICARE INSURANCE IXl HIREq S � Each Occurance IX1 NON-OWNED EY.CESS LIABILITY I 1 UMBRELLA FORM l 1 OTHER THAN S UMBRELLA FORM WORKERS'COMPENSATION and UCA 011162 7/1/83 7/ 1/8'4 STATUTORY UNICARE INSURANCE EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees ;hat the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, antilor elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach.as their interest may appear. Date SEPTaIBER ,6. 1983 AUTHORIZE R EPR SE TATIVE�QF INSURANCE COMPANY INSURANCECOMPANY UNICARE INSURANCE CO. �1 By Name fi-D- TlJCYAAC. Address P 0. BOX 54679 T.A., L.A. Cal Anm Address 2361 CAMPUS DRIVE -- 'i elephone 213 771-5565 City I RV I NE, CALIFORNIA 92 715 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured • Corporation . agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, darrlage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or an/ subcontractor or by any third party arising out of or in consequence of the performance of all any olmratio9s or activity for which this certificate of insurance is furnished. • fIISoleProprietorship (21 Partnership 131 C ation 4 'Otfwr (s te) PAt!L `i'i, CLEARY, Jig . HOLD HARMLESS SIGNED By Insured: I ✓�CrY�� L Title PRESIDENT WIELIAM TIMOTHY (All names shall be printed or typed By Insure " t d: ' -s Z4,i4E'.: S l`h 12 F T A R Y t»low each signature.) 11 Corporation,TWO Officers must sign, or present evidence of outhorizat'nn to hind Corporation. Return Original and Copy rompleted certificate to: CERTIFICATE OF INSURANCE Approved as to Form. City of Huntington Beach TO Gail Ilutton, City Attorney Dept. Risk Management CITY OF HUNTINGTON BEACH, CALIFORNIA P.D.Box 711 By. _ Huntington Beach,CA 92640 A MUNICIPAL CORPORATION This is to certify that the policies of insuratce as described bt:lc:•,have been Issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a niannOt *hat will affect this certificate, the insurance company agrees to give days prior written notice, by mail, to City of Huntington Beach P. 0. Box 711, Huntington Beach, California 921348. 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. Name of Insured I;• it�i'I.. ice: '�j�r`�i'� Address of Insured i'.U• 1a 1' u..J, 1Ii: It , -Z,Ui Location of Work or Operations to be performed '"15� = i _:1 + ; ;.r::,: . ST. i U L. 1/":j L,', ;c_ Description of Work or Operations ► r '_? + POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effactiva Expiration In Thousands (000) (INS.) GENERAL LIABILITY lik) COMPREHENSIVE FORM i ,� ,_ i ., '��'S CSL ! ".,. �, t ', .•, , 11) PREMISES •OPERATIONS Each Occurance (�l EXPLOSION AND COLLAPSE HAZARD E• l UNDERGROUND HAZARD PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUAL INrURANCE I (;y BROAD FORM I PROPERTY DAMACL INDEPENDENT CONTRACTORS (�J PERSONAL INJURY AUTOMOBILE LIABILITY (t) COMPREHENSIVE FORM �••1( +... _ , 1,1 OWNED t I,_ 5 CSL HIRED Each Occurance N0N•0WNED EXCESS LIABILITY ( ) UMBRELLA FORM I ) OTHER THAN S UMBRELLA FORM WORKERS'COMPENSATION and ` EMPLOYERS' LIAt21LITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appo;nted groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employee',of the City of Huntington Beach, when acting as such are additional insureds ltereun",r, for the acts of the insured, and such insurance shall be primary to any insurance of the City of I-Imitingion Beach• a: their irt•�-rest may appear. Date ' t -� ____ AUTHOf;IZEO REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY i ' 1'r, _ II1.,l".:i ;a . By , Name Address AddressCity ,? �• 4.. Telephone HOLD HARMLESS AGREEMENT (to be executed by insured) The insured ' C.aI i�ot full , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach Its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, nits, claims, demands, judgments and czuses of action caused by ,nstired, his employees, agents or any subcontractor or by any third party arising out of or In cunseyuence of the performance of all.or arty operatiops or activity for which this certificate of insurance is furnishes!. • (1)Sul@ Proprietorship (T) Partnership (3) Corpuiation (4)�Other (state) r' ,' J L. 'I . C L.E-AR Y J s; . Y � ;y�//;__'- 'i/G`�c� /(,L,•' • �i�E:�flLlt:l�`i• HOLD HARMLESS SIGNED: B Inwrad: '�' u ` _TNto �r rr _ _IN: I:•1 ..+Ills + ► k_. 1 (All names shall be pr.nted or typed By Insured: -S EC-RE'f AR Y below++eh signature.) If Corporation, TWO Officers must sign,or presr:nt evidence of authorization to bind Corporation. R.J. NOBLE COMPANY ASPHALT PAVING - ENGINEERING CONTRACTORS 10000 LINCOLN AVrNUE • P.O. BOX 620 • ORANGE. CALIFORNIA 92666 • 4714) 637.1660 12131 826.1024 UC. A • 121735 February 1 , 1984 Ci. y of Huntington Beach 2`000 Main Street Huntington Beach , California 92648 Attn : Mr. Don Blackman Re : MSC 218 - Heil Avenue P. O. No. 6312 Gentlemen: STATEMENT OF COMPLIANCE �y.. , P y complied This is to certif� that R. J. Noble Come an has with the Labor Code Sections 1771 and 1774 of the State of California. The .employees of R. J. Noble Company have been paid not . less than prevailing rates and the payroll reports are attached to this correspondence . Very truly yours , William Timothy Carver Secretary WTC/mg Job No. 5609 Enclosures - Payroll Reports - 3 Maingeneance Bond RECOHDING REQUESTED RECORDED IN OFFICIAL RECORDS F gg NNQQ� QQ Of ORANGE CGU)Wry. CALIFORNIA Cl il' O HUNTINIG TON BEACH r;.1 Office of the Pity Clerk EXEMPT 29 PM QED 2 3 '83 P. 0. Box 190 C13 NuntinNtun Be-.ii Il Calif. y?_raP NOTICC OF COMPLETION LEE A. CRANCH, County Recorder NOTICE IS HEREBY GIVEN that the contract hereto Fore awarded by the City Council of the City of Huntington Beach , California to R. J. Noble Company , P.O. Box 620, 15505 E. Lihcoln 'Ayenee, Orange, CA 92666 who was the company tfie'reon 'for doi'bi' g , Th n the fo flowing work,' to-wit. The installation of Asphalt Cap 6n' Hei1 Avenue from Newland Street: to Land n Lucia Lane from Arnett n Drive to He "� cis Circle,nue, L Donald Circle , i i1 Ave au Lane,Judy circle, Ornda Circle, Howard „. .; I.itr. Circle, School Circle, Breakers Drive and Dolphin 'Drive from Topeka Lane to 100 ± feet west "f Estuary Lane in the Cit y of Huntington Beach. That said work was completed by said company according` to plans and specifications and to the satisfaction of the City Engineer of the City ofluntington Beach and that said work was accepted by the City Council of the City of Huntington'°Beach .,it r r. ' . � r. 'T„ at a regular meeting thereof held on Monday, December 1`9, 1983. That upon said contract the Ohio Farmers Insurance Company was surety for the bond given by -he said company as required by law. Dated at Hunx,:tington `Beach, California , this 2Oth day of Qer bar , 1983 . Y-' City.Cl er and ex-off cio' C1 erk of t ,0 City Council of +die" City of Huntington Beach, Cal i fo'rni a STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICiA M. WENTWORTH, the duly elected a'n`d qua-lified . City Clerk and ex-offic'io Clerk of the City Coll,nci 1 of the City of HUntl ngton"Bea.ch,, Cal i forni'a do hereby certify under penalty of perjury;, that the foregoing, NOTICEOF COMPLETION is true and correct, and that said NOTICE., OF COMPLETION was duly and `t•eg�01arly ordered 'to' be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington each , Califor'n`� „ "B� ia, this 2 Oth day of December 19 83 This document is 501e1Y for the r official business of the Gitp - of Huntington Beach, as contem-- platod under Gbvernmant Code City Clerk and ex-officio'*Clerk See. 6103 and should be recorded of the City Council of the. City free or eberae. of Huntington Beach , California lb i a RECORDED IN OFFICIAL RECORDS n U 3 21 5 OF ORANGE COUNTY.CALIFORNIA -g oU PM DEC 2 3 '83 ��", et.. ' LEE A. 8RANC1, Counaty Recorder ' C13 NSC 418 WHEN RECORDED HAIL TO: j • ,r , } I' t;IiN (Y HUNTINGTON BEACH C 0 N`F O R M E D C O RY Office of the. City Clerf+ P.O.(loll 190 f1lot Crmn-s-d with Original I � i Iluni•n�f�r.0•rth i',ald 47faP • j t NOTICE Of CC19LET iON NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Cc-intil of the City of Huntington Beach, California to R. J. Noble Company. P.O. Box 620. _ I I�I 15505 E. -lincoln_Avenue, Orange. CA 92666 jj who was the company thereon for doing the follaaing ►nrl to-wit: The installation of Asphalt Cep on Heil Avenue from Newland Street to Landau Line. Lucia Lane from Arnett t! Drive to Heil Avenue, Lois Circle, Donald Circle, Judy Circle, Orinda Circle. Howard I� Circle. School Circle. Breakers Drive and Dolphin Drive from Topeka Lane to 100 4 feet west of Estuary Lane in the City of Huntington Beach. •i:j that :aid work was completed by said cDmanv according to plans and specifications I 'lit• j I and to the satisfaction of the City Engineer of the City of Huntington Beach and `1 that said work was accepted by the City Council of the City of Huntington Beach I) ! at a regular meeting thereof held on Monday. December 19. 1983. i ' That upon said contract the Ohio Farmers insurance Company j was surety for the bond given by the said company as required by law. Dated at Huntington Beach. California. this .20th.._ day ofp•,fi��. 19 . ! � i •I !I i ithe City Councilofnd ia Clerk of the City +" of Huntington Beach. California STATE OF CALIFORNIA ) County of Orange ) ss: j��► City of Huntington Beach ) 1. ALICIA M. WENTWORTH. the duly elected and qualified City Clerk and ex-officio Clerk of the City„Courtii 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 P07 10E 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 20th day of Decenber 19 83 This aocumat,is seioiT for the �f I offlotil business of Us Cfty ��ycof lamttn!ton level+. es tontes- Pleted undor Qovernsont Codo6k and ex-oC;O �crk Sot. 6103 end +riou1C be rveerdsa of the ri ty round) of the r.f ty t it tl of Huntington ppech. California Pros of ehArito. tI l�: R I EQUEA FOR CITY COUNCILOA, CTION Date December 8, A 8 3 SubmiCed to: Mayor and City Council C01314 Subiiiiited by: Charles Thompson, City Administrator 4Qaoy� y • ! i 1.9. Prepared by: Paul E. Cook, Director of Public Works ' � • Installation of Asphalt Capping on Various Local Streets 2 SutiI�ect• P PP � Statement'of Issue, RecdMihendation, Analysis, Funding Sou '' e"`rn",,; ��. , � i rce, Alternative Actions, Attachments: Vf . , W ,- STATEMENT OF ISSUE: R, J. Noble Company'has completed the installation of the asphalt cap on Lucia Lane, Lois Circle, Donald 'Circle, Judy Circle, Orinda Circle, Howard Circle, Shoal Circle, Breakers Drive, and Dolphin Drive. RECOMMENDATION: 1. Accept the work completed by R. J. Noble Company. 2. Instruct the City Clerk to file the Notice of Completion. ANAIYSIS: The following is a summary of the contract cost. Contract bid price $59,862.50 Total contract price to date 59,091 . 60 FU'4D.ING SOURCE: 1983-1984 Public Works Gas Tax funds for Street Maintenance were used for the work. � O P10 4181 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK R. Nob'e ;Company 15505 E. Lincoln Avenue P. 0. Box 620 ;,.,A. Orange , CA. 92666 " ,��f rig r. jf v q, e- Y !' -i ", �. w:;, M t i t Enclosed . i s an exec ted co y;`of _the contract` wi h ahe City Huntsngton, Beac}i for .thexnstall'ation of capping on ei1: Ave` e a, � Y E :. ,.Y .p r ,,. ► , y nett r Doi ve from Newland .Street to La dau Lane, ,Lucia Lane from Arnett to Nei l 'Avenue', ois Circl a", Donal d tfrc1�e, J6d Ci rcle, Or,i da Circle, Howar`�d'"Circle, Shoal;, M' p .r �N Circle, Breakers Drive and Dol i n Drive from Topeka Lane to 100t feet west of Estuary Lane, Project il MSC-218, in the City of Hun'ti ngton Beach. Also enclosed is a Bid` Bond which was submitted with your proposal . Ahi ci a M. We `tworth City Clerk AMW:bt Enclosures I TeIrlthane ?14 rt36 7?71 CITY OF HURITIEVC-TORT BEACH x ► �, T CALIFORNIA 92648 2000 MA I N ST R E E OFFICE OF THE CITY CLERK All AmeAca`n Aspiial,t„ 14274 Magnoli a Avenle P.A. Box 2229 Corona , CA. 91720 ,,; We are returning your Bid Bo d which,, wa s submi tted with your Nroposa l for the i"nstal lat on of a�sphaift capping on.'Hei 1,.4enue ,;from Newland y ,:, �L.,,,. ., y �. hw c. Street to Landa" i Lane, Lucia Lane from Arnett: Dave to Neil Avenue, Sho�lCCirc'1e,le DBreakersrDriveJa"nd4Dolph'in Driveafr'omCTojekawLan Circle , Y p �3 a to 100 feet± feet,,west of Estuary Lane , Project MSC-218, in the City of Huntington Beach. The contract for this job was awarded to R. J. Noble Company `of Orange. We would like to take this opportunity to thank you for ydbr ifiterest in submitting a proposal . Alicia" M. Wentworth City Clerk AMW:bt Enclosures 11r 4-1111 nlr I11 bZC 57.1 i • CITY OF HUNTINGT'ON BEACH aJ/ �-' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Sul lM l l 1,i.Contra ti g Co. 61 Sat g 'Can `on ' Road 45 n g, y P. 0. Box 432 ,.,,-, Orange, CA, 92666 r: .. .'�i.,r ,fRa a i i rr.�Yt� is Cl' -s' >" .. We are 'reng ,your Bid Bond whichva's sbm� tted with your proposal r �; *,. 1 r tk. e:� fir...:r• b. t 'f mil'. 74�; 'a, pair}, fpr the4 nstal,�latai�on of asphalt capping pn .Ne11 Avenue rom;,Ne=t�land Street to Landaufl:an`6, ;Lucia Lane from Arnett Drive to il . venue Lois' Circle, Donal CIrcl_e' J d� Circle.; Or,inda CJrcle, . d ircle, Shoal ' Circle, Breakers Dry ve and Dol p'ni nr Drive from Topeka Lane "°to ` feet '`west of Estuary Lane, Project MSC-218, in the City of 100 feet- I ntington Beach. : 'l4� The .cont'r6ct for this job was awarded to R. J. Noble Company 6f Orange. We wo`Id,14W to take this opportunity to thank you for your interest in submitting a proposal . All ia'`M. Wentworth Ci'ty Clerk AMWbt Enclosures I t rlrnhnnn 714 536 52771 �! J . NOBLE COMPANY BID PROPOSAL FRCM F .firms Name To the Honorable Mayor and City Oounci.l, City of 'Hui ti:ngton Beach, California: �. y �1;:. ,, Q, �K t1tse. rs.rx nei�: r � pahl t In :oc hpli.ance with the notice nv t�ryg sealed proposals for the instal 1 a ti o n o f, as capping, on Heil Avenue from Cercled-SDonatdtCi'rcleau; JUne - Lucia Lane from Arnett Drive to;'Heil Avenue - L 1, dy Circle - Orinda Circle - 4 , Howard Circle - Shoal Circle Breakers Drive and Dolphin Drive from Topeka lane to 100 # feet west of Estuary Lane. (MSC-218) .x I hereby proms acid agree to enter into a eoritract to"e" form the work her e P� descr~jbed and to furnish the materials therefore.a000rd'ing ,to theplans, speci-- fications and special provisi.ons ``for the said work and" to the satisfaad on of and 'ua:der 'the supervision of the Director of Public Works of said City of Huntington Beach, California. .I.. ,Y.iu. �. A -.s...l.y C,o gnod 'gas T p ` „ +y„ i fr1 m or s "6 hi actor or materialman The undersi not acre ted an bid fran an suborn r ' ' ' f'ions of which ohibit tJu�ough' any •biddepository, the by laws Sul Pr ors event , loontrac�r fram ccrosidering any bid fran any subcontractor or Px'. materialman',4Udh is not 'processed through said `bid depository, or which'prevent any subcontractor or material nan fxwi bidding f'6 any contractor who does not use the facilities of or accept bids fici or through such bid depository. For the furn3.`shli x 'of all labormaterials equ ' t iryc idental .w. t ;� ,. 'All ,tea«rcmmm nuts _s. t lace trit con- and or all work `necessazy „to,, -dver ��fications and - � ,sir la in c tY p., •, spec spEc • i � t,ns►: on file ui the office of the Director 'Of Public Works, City of Huntington'Beach, California, I propose and agree to take full payment thesefoie at the following unit prices; to wit: ITEM APPROXIMME, ITEM,WI'Ili UNIT PRICE UNIT NO. QUANTITY IN WORDS PRICE TOTAL Pre-cleaning of existing sVrfaces i Lump Sum to be capped at 'WE TF OIISAh D ULLARS Lump sum. & NO CENTS 1 , 000. 00 1, 000. 00 r � ,. tisln> ax+� I. 2 19 Ton Apply paint binder at ONE NUNDR D FORTY' SIX DOLLARS E NO Per ton. CENTS 1116. 0'0 2, 774. 00 Construct asphalt concrete cap 3 1 ,838 over existing pavement at TWENTY FIVE DOLLARS AND SEVENTY FIVE CENT&r ton . 25. 75 47, 328. 50 P-1 , .',a� ,.rsrax.'1�: .; �eei. W .b(eeC' •iw�ifl": k{:r, ITEM APPFKXX M ITEM WITH UNIT PRICE UNIT NO. CUANT trY WRITTEN IN WORDS PRICE 'DOTAL Apply seal coat at ONE HUNDRED SIXTY DOL ARS 4 9 Ton NO CENTS Per Ton. 160. 00 1 ,440.00 Adjust manholes ,to 'grade at ONE HUNDRED FORTY 5 20 Each DOLLARS 6 N�O .0+K. -, CENT each. 140.00 2, 500:00 Adjust water vlaves to grade at 6 21 Each " ,. 4At; : ....:.,�;. � OI�E HUNDRED TWENTY Per each . DOLLARS V NO CENTS 120. 00 2,520.00 Removal and base in all 7 Lump Sum alligatored areas TWO THOUSAN DOLLARS & -NO CE0TS Lump sum. 2, 000, 00 2,000.00 TOTAL----- ------------ S 59, 862. 50 I I i P-2 - ell rt�ri1 t ;a t x+�t-ar,:.;. i�h *, S/ r F r It is understood and° a that the appro�cisriate quan" n sham _in the fo'r as r.,sHas rs.Yr-s.. .t �i, d w . -. a�`i for se `ofli 'the iron of bids and £hat the: oontracEror s _oorgiensation proposal edule are y for ..+raw aar. :, ^ n„a.r.w - ;:,•.M 1 be tsd `'the basis of the actual ..i. quantities, in the ocinpleted work, whether they be mare or less than those sh vih herein at the unit prices bid in the proposal schedule. The enders gned„`uMecs-tands the contract time limit allotted for the contract is 45 calendar days. If ,awardi; t' ont�ract, ,the me s gned here. y agrees tjo sign 'said,contrac hint: and furnish the:' necessary borndswl ten (10) days 'of the award of said contract, and bein work wa.thin ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned Chas exam carefullY, he 8ite of wok ntempl ated, tie plans ificati' i. •. aK- :..r,. ,Ky ,,... r < it FAlY'. .,�, 1 � .M t i •.::r and pecons, and the sal and contract forms ;therefor. The suhr i`ssio' }: r that the bidder has, investigated and is sans-- of `a bid shall 'be conclusive evidence . fied as to-the 'oondltions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of'materials to..be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. u ; r, -r ~" 10� Bidder's Bond At`tached ------------- &=upjAg this,proposal °is ($ T• NOTICE: Insert the wozds "Cash," "Certified Check," or "Bidder's Bond, " as the case may ,be, air an amount east to at least i0 percent of the total bid price, payable to the City of Huntington Beach. ' , ',t:ed.';. t �name of Hun � � n ^B as 1'guaranty daed �ees Zhe undersi d its the above name secur �, a sal � and _.,. that it shall be 'forfel to the City damages in case tthis �ypr`oposal is accepted by. the City and the }t'" riders" geed shall fail to execute ,r ... .� ,..•riR'r .+"+7"' d 7.^ _ .l+J�dT � •- ¢N� set forth �in "t" �4 ' a, work and to -fukash good and suffic�.ent bonds in the form a contract £or do ., , .�: ..,... . �speci Lions and eantract docum fits of the City, with surety , sat.isfac b-ry to Iihe citywithin 10 da s after the bidder has received written notice of the award of the con" tiactj otherwise said security shall be returned to the under- signed. Licensed in accordance with an act providing for the re9�!istration of contract Licer_%;z No. A-121735 4, R . J. NOB NEIL NS, VICE PRESIDENT i Signature of Bidder Business Address 15505 E. Lincoln Avenue, P .O. Box 620, Orange, CA. 92666 Place of Residence 1030 Pacific Drive, Placentia, CA . 92670 Dated this ` 7th day of September 19 83 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature None None None P-3 PROPOSED IEMWICK FIDWIRFD CiF BIDDER Bidder is,required th supply the following informtion. Additional sheets ma y be attached if necessary. 1. Fixtm Name: R k4:) E e'COA P Y orawwmo- 6 3. Tei ho , ' E. Llncol ,Avenue, P. 0. Box_ 620 ;, 724-637-1550 15505 2. Address: Orange, CA. 926 6 ep Co poia ion 4. Type of firm-4.ndividual, partnership, or corporation: 5. Corporation organized under the laws of the State of: I fornla 6. Contractor's I` cen'se Number: A-12173 5 S 7. Dist°the'inmes..and' dresses o 'members of the firm or names and titles of all; officer$ .of corpora • L.,H., C LE" Yc,- J :�, ES ,DENT N L_yR ` EVA , S,q, CURES ti ,�,T�,, CG RV R,;,,;SEGRETARY JAMES T . KINDEL, JR. , TREASURER 33` rs. 8. Number of years experience as a contractor in construction work: y 9. List at least six projects oompleted as of recent date: cainw CLASS OF AMGx3Nr� WIC IK CCMP ,,.. T,,�+ID • NAidE, ADDRESS & PHONE NUMBER OF UWDTk',R $372,310.00 St. ap A�: y 7183 City of Newport Beach $167,775.00 St.s Repairs v-tI IT : � 7/83 City of Sa►ita An`a `St.JM6if tens nce $249, 359.00 Program 6/83 City of Tustin $73,091 .00 Emptsd St. 4'/83 C'.. ity of La Habra S St. , pts. $199, 756. 00 E uc�f r�x id St. 7/83 City of Santa Ana Arterial St. l $360, 264. 00 Const. 6/8, City of Fullerton 10. List the name of the person who inisp�cted tihp site of the proposed work for your firm: N E I L R . E V A N S Date of Inspection: September 1,, 1983 11. If ,requested by the City, the bidder shall furnish a notarized financial statement:, financial data, or other information and referemles sufficiently ooiarehensive to permit an appraisal of his current financial condition. P-4 :ns,. ,r,yA'cf�l., wltv,e re.:.•'.*•1IAD� OIGNATION OF SMKONTRACTO t gu r : r in;`ca ilia ice wi' h ttie "Subletting' and Subcaitracting Fair Practices Act" 'being Section 4100='�411�3^ of. t, Codc3 of the below ' hei�a` .. •� Ra' amendments t e'reto ea"c�f�' bdder shall s4 forma, and any . 'v,F-.r x Y,�' .YY,d r :,_� ri4 ..�., t'. , 7 Ali t. ;zy. et `forth'` and location of the. lace ofbusiness of,each sub11 contractor wN5,4, ll; perform work or,.labor ors„ p ..,, r render,,service To the pa ne oontractor in or about the, construction of the work i (+ksi- .�', Rw or, Mprovemnt in. an armunt in,,excess 'of gone=half, (1/2) of oneA,'percent, (im of the prime oon`_rabe done work which' w l_' each sWxwtractor. Only one subcontractor for of the • *ctor!s�fntal bid, 'and shall further set forth the porno " i � by or each portion shall be� listed. m, 4, y y . .. If the coaztracto`r Ea�ls to specify a rst,�� htractor for 'any portion of t=he work to be;`perfoizred;'und+er die'o�ract, `he shall agreed to perform such portion hi,nrse`lf, arid' t"be�permitted hereii�after sett forth. that portion of the work except under the ooncll.tions �ldesg . ,9;;� ,,�YPo �. „� ;. ,. , to which no siiboontractor gnatedsuxc-ig�.ri if b d'-shall only be piuted in cases of public was, rk emergency he or, necessity, , aiid'.1then only after a finding reduced to writing as a pub record of the Legislative Body of the owner. yT b�,tyO�N., STATE, LICENSE OF Pk&K SUBC'MMA=R S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. 7bat the City will be furnished copies of all sub-contracts entered into and bonds furnished by subcontractor for this project. P-5 REQUE FOR CITY cOUNCIOACTION Date Se. er 8, 1983 �.. G ��GLL Su6mltted to: Mayor and City Council �t U � Y Gl� Sub"mitted by: Charles Thompson , City Administrator ti�t� Paul E. Cook Director of Public Works\ ✓`� -�� ;�-(�'�: Prepared by: � - r Subject: Installation of Asphalt Capping on various 1 ocal t�e.r5-!(MSC- � Statement of Issue, Recommende'tion, Anal sis, Fundilhg Source Afterna t,,. �"r-crr, �ailfn� y g five Actions, Attachments. . STATEME T'�OF ISSUE: Results of bids obtained for the asphalt capping of Heil Avenue, Lucia Lane, Lois Circle, Donald Circle, Judy Circle, Orinda Circle, Howard Circle , Shoal Circle, Breakers Drive, and Dolphin Drive. RECOMMENDATION: Accept the bids and award the contract to R.J . Noble Company for their low bid of S59,862.50. ANALYSIS: There were three bids rceived for the subject project form six (6) companies who picked up plans and specifications. Proposals are listed below: 1 . R:J. Noble S59,862.50 2. A11 American Asphalt $63,508.90 3. Sully Miller S669752.00 Y Th e original estimate for the work was $70,000.00, therefore, the bids are considered to be satisfactoryand the award is recommended. FUND�IIAG SOURCE: 1.• 1983--1984 Public Wurks Gas fax funds for Street Maintenance will be used for the work . z; 010 4/81 ore • BID SUMMARY SHEET DATE: Sept. 7 , 1983 ENGINEER'S ESTIMATE: JOB AND CC NUMBER: Asphalt Capping l►ariou's Streets BIDDERS NAME TOTAL BID AMOUNT ' All American Asphalt , K 31 1 5 '0 Blair Paving Griffith Co. R. J. Noble Co. - 50 Wakeham Const . rulT r 1- OViTI G.S!_ D IZII . ' g z l tl � q I\Iritir.'(, i.. hr.rrhy rjivnn then_ thr City Council, of the City of Huntlnlg o` n`rl3each, .nl fi7rr1is1 will ruceivn Mils for ttin`iri:rt7�iinticm i�f l�spitolt C�np on Heil Avenue Lois Cirrlr;, Dr�nrilti�t to L.nndni"Cant I_trcia'Lanc from Arnett Drive to Hei"'[ A`venue from Nr.\J1�16'I ,t ec � n i.t r �tra� .. ;: • „ram Ci cib, Judy Circld, DrinclaxCircle, Hn�yilj.d Clrclb, Schonl',Clrc'ler Breaker, Drive and Dnlph n Drive from Tb$i *ica Line to L00'+ 'fedt*'we•st of Esi'uarM I-sine, in the city of Huntington De tci�i Cairfrirniasin accordance with k-1 e 'la'R d ;;pncifications rind special provisions on file in the office of the l7 'rzctor ofr';�u` c Works. boc6iments -,Al be avA a iie on Aur"ust 26,, 1983. ��A change of . $25.00, mot refundable, will be required for each set of apecificat`ions and accompanying c'rawings. i:)nrCTOR OF PLj IC WOfZIZS'E STIMATE Ul��'I'k Il;i� � CJua,nttty I. Pre--Cleaning of Arens to be Capped Lu'r, p Sum 2. Anj licn6on of Paint Binder 19 To 3. Asnhnit f:rnrrrtr, Cap 1,838 Ton 4. Senl Cont. 9 Ton 5. Adjrist Mrinholes to rrtlrir, 20'Each r�. !Adjust. Wntcr Vnlvc:; to f:radr, 21 Estch In nr_cbrdrince„ v lth the, l;rnvi,:io„ ' - L , owl., he�5tate .o ns of icctinn 1773 of �t�r abet Code t f C� liforrtiia, Director of the Doplartment of IriBUstrinl ReIntions shall determine tie noiir;rnl "'prrvn1 ng `rate of wngrs, ripnficnhle to [hc work to be done; cod es"of� the I.-Arst cjenorn wage rate rict.crmin7tiuns arc on file -it the office of, . ie C�i't:y► Clerk nrid ttu; office of the Director if Pulilic Works of the City of hiuntingLbn Beach, Call forni n. flans and specifications, tog(Al;er with proj o sa l form, rnoy be obtained at the off ice of the Director of Public 1'lnrk., City Hill, Huntington Beach, Califocfiiia. !�� hi�i riill he rrr.i;ivecl unless it is marl(. on a hl.nhk farm furnished by the' Director of recirire`merts. The set n,tlhet ;rncif cntinnsosfor full di�ec�.1dns a pecLive bidders is ato"the , the,,proposal 1 Public , I , the bidding. The ahnw; giiontltles rfre ripp'rnxininte only, being'given as a basis for fho comparison 1 ;f 1�rirl. cwilll�enrrn.� nail tl ere��i[i�i'Sbut 'beserr ves the of bids, nnd 'the city of IA6riti h p ns agree Ili-it t.he, nrttvil srrtinririt r n right to irx:rn:�sc� nr drrrense the of nay c,lnti or pnrtion of the work, as may be rfrt�!rnnrl'nr^e"ssvy or nxIm( irnt by the Director bf Public Wdrk% r�-1 hlil, will`1w r•niiiliaroil (in Ilin lmsis rif Ilw Dirr.ctor of Public Works es li /\II '' timete of the ►lii:tVtlitir�, �f vitirk Ln hr tlotw. Mgt ;t� �. f'nr.h hirl drill hr tnndr! oill rtrt -r form In hr, nht.;rirtr.tl at the office of the Director of i'(rlilic '.'Vcmks, I)rtvr�Itil�rnrtnL 1'linta, 2llUfl r�l;rin Ftrr�eL, I-luntin: i3ea6h, C'Brnia; ildin , 2000 Mnin Street Huntin ' ton^ Bei ch Calif o�ni aq ;.. sm-li ri in Ffoot• ,hill hc: d filed with the Cit Clerk at the (..ivtc Center Second min h farrit0:fl0'am of .ir�lirtlenihcr 7, 1983, and shall by op(.ned by a'commlttee cor on or r of thr. (lily Clerk, the Cil.y Attorney and Director of Nblic Works or their, at "o�ized reliresenLutive and the r•estrlt, of said bidOng will hrt reporters to [he City Counc 6f snid (;It:y of Huntington f3t:ar-h at their regular meeting to be held onT„Mo�day",' the 19th of aepl.einher 19B3, at the hour of 7:30 PM in the City Council Ch'am�e '"in-the t r:nimr I tthr' redul it mertindl L bfSepLr.m r �Gcr 19, 1903. t'all be acted upon by said City -. :.�:. , Thr' r'il.y Of I`dill-innl rni flr trh, r'rrlifornin rr vr�s t.lirr �ric;ht t.n reject any' ar >all kids, r,� ;. arid Lo :rt_(mpl. Lhe hid der!iiiud for Lhe hest interest. of thr� City of t-iuntington ©each, Ity r)rtl(!r r)f Lhe City (_'nunr;il of ilin City of I-ItintingLt n neach, Ca111'fornia tads August 22, 1903. ATTEST: Alicia 1�Jcnt worth Ml y f'Iv.rk 3 REQUE W FUR CITY CONN ACTT Date August 3, 1983 rm Submitted to: Mayor and City Council Submitted by: Charles Thompson , City Administrator Prepared by: Paul E. Cook , Director of Public Works Subject: Installation of As' halt Capping on various l oc s. MSC - 218 .lr State ent oflasue, Recornmendaiion, Analysis, Fun mg Sou.e, Alter`na ive Actions, Att '' ' r �+y` achments: STATEMENT OF ISSUE: Plans and S ecifications and Notice Invitin p g Sealed Bids have been prepa`retl for the i'nstallation `of asphalt capping on various local streets . RECOMMENDATION : Approve the plans and specifications and authorize the City Clerk to advertise for bids . ANALYSIS : The Department 'of mains a Street Condition , I f Public Works mai ` n've6`fory4 with, notations of vari"oiis types of maintenance needs , one of which' i s to, 1 ace an P P„wal p yyp ing street silrface to addr�to t iestructuraI strength of the street sections existing traffic usage , and weather cor�di ions t ca or overla over n. aavear" rag and pp s ; and these streets are severel,y 'cracke'd a aused moderate to severe cracking , and •deter�oration of strut u The areas of r ante characteristic and too,..., heavily traveled for a slurry treatment to be effective. p oposed capping is one which has not been reconstructed nor capped by recent developments or cash contracts . FUNDING SOURCE: �` 'Tax Funds allocated for itreImprovementmaintenance Propramewillibe the used3for thecwork #740840) Gas. bud get as a part of the Capt alg which is estimated at S701000 .00 PEC:DWK:bh r �y No 4181 .(d y • STREETS TO BE ASPHALT CAPPED MSC - 218 Heil Avenue from Newland Street to Landau Lane Lucia Lane from Arnett Drive to Heil Avenue Lois Circle Donald Circle Judy Circle Orinda Circle Howard Circle Shoal Circle Breakers Drive and Dolphin Drive from Topeka Lane to 100' f feet west of Estuary Lane A4thoritod to Publish Advertisements 0081, kinds includin public notices by Decree of the Superior Court of Orange County. California, Number A-6214, dated 29 September 1961• and A-24831• dated t I June, 1963 STATE OF CALIFORNIA County of Orange PUNK MpIK440.91110.r+q ««I b1 Itio 0"06.0 H MI n r "dJ win 10 pK•cmm- -.dl04 I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested In the below entHled matter. I am a principal clerk of `the Orange rKta: den Is.utled to,Lhe propow re. P118�IC;l NICE quirerrhents,set forth In the specifl• Coast DAILY PILO r, with which is combined the canons for fun directions as to tM NOTICE�1rIYNMNO blddkg � ,r,; {,a� +t:+orx�"rR;; r of general Circulation, Council of the Cfty n that teed' ate only, kliggflti�s'saasistof NEWS-PRESS, a newspaper g BEAIED 81Di Notice is th eb given lha.the Cm• t ti cornpWilson oph!�1. �and the dq printed and published in the City of Costa Mesa, Beau,•California will receiveeualsa of HunIftlon Beach does not ei• f County of Orange, Slate of California, and that a bWs to Ins Installation at Asphalt praise or by impriutki s,slprse.thel SCap on treet to Holt Avenue Lens. lee nd ths'aduai amount of.work.wq cor• from t to Landau Hsi N Notice of _.____�_Iri~v.i.ting__s-t=Pled___ .b , s__ Lo,,ou'"e r�0rtd;tx"t". w, r'�!"++tne Circle, tight,to khcrsass,ar;decrassa tM C C—2 1 8 DonalG C:rde, .Judy Circle., rinds amount of any loss or prortbn of tM —.--- Circle.Howard Circle.School Circle. work.,as may be deemed- ------- CITY OF H U N T I N G T 0 N BEACH Breakers',Drive and Dolphin Drtw or 0112 lent by the Okada of Pub from Topoki Lane to 100'+fee leel NC Works., , s of which copy attached hereto is a True and complete west of Estuary Lam In the,dty 01 Atl,blds'wiY be compartid on'ini p Huntington Beach..Callfornis'In tao- basis of tM Director of Public Worki copy, was printed and published in the Costa Mesa, �t�id the papsanionsand WoCl- bedohoftMquantlliesofworktt special provisions an lea done.-. '��:+- •.��s:• �:Newport Beach, Huntington Beach, Fountain Valle file in the office of the Director of Each bid shag ,be made,out an I p g y• Public Works. Documents will be form to he obtained at the office a Irvine, the South Coast communities and Laguna available ion I August,2s,:,1g113, A the D;r Worof Pubnyw o „ks,;D�e 9 charge f f25.00,not rNundabb,will aiPpment,WIno. 2000,Main Street Beach issues of said newspaper for �__tWC,___— 0e requit6d la each Sol of spedrl- Hunt ton Beach. califorri'a: am canons and accompanying draw- be' and•.fried VM llh'the Cit in0p9. ,,. ;. Clerk at the-cl*-'Orinte►l,Secan consecutive weeks to wit the issue(s) of D%EcTon OF PUBLIC WORKd EB• F1oor'AdminietrsUch eupdirq.Elton TIMATE Main street,HuntkVon Beach,Call (work Item Uuentill lomia, on or before:10..00 ism, e �. Pre-Cletuhing of Areas to .lea -September T. tg6.7.�snd shall b August � Lump$� opened lly a committee.y Atfor er ;, 6 3 Capped � : • o) thn'pty Clerk:this City Attorne _..---- 198 2. Application of Paint Blade+ and Director of,Public%Worsts of a.Asphalt concrete Cap B1g,Tor thek authorized eerniative am August 2 r) { t 35 Tor the resuns.AI:"d,bidding *111-br 198 b.Goal Coat manholes to 0rTn repotled to the City CouncU,of sal. AdjustZ0 Esc+ regular meeting.r ee ting two tie hie a cn the a 'Adfuet Water valves to tirade day.the 19th o1 SeMember,l963.e 21 Each the hour of 7:30 PM In the City Cour 198_ -in accordance with IN provisions cm Chambers in the Civic Center t of Section 1773 of tho Labor Cod*. ,Paid City o1 Huntington Beach;an the State of CahlornW Director of shag be acted"upon by sold Cif the Department of Industrlal RNa- COO MeN'at'the bgutar rnegling.i 198 on . shall,;delerM100 the t>4111,01`w Geotember 19 19 ,prwis,"role of wages.apokable ,-'The City of�Hunijglcn v Besct to the work to be done;copies of the Caflfornla'reserves the right to teller latest general wage rate delemhina• any or ell bids;and to axept thobi 198 _._.. lions are on Igo at this office of 11M SON, for the cleat Interest of th City Clerk.tnd the of ice of the Direr• ^ally of HimIk on Beach,Calilomu tot of Public works ot;Clio City o By order of ihe City Council ul th Hunt ftton Beach.Caktornia. City of Huntington Beach.Cauforni roF f : Plane a aidspeG Halloos.together INS A ust 2Z. 19a3. I 'declare, under peiia�-ty of perjury, that the with proposal hwm.rnaybeobtakw ANE'SM, 9 g California. of IM Director of each citytehedAIWA ltworth .. pCluut66yt (ore oin is true and correct. work.,City H.n,Hhchhno+«n� clerk No bid win be received unless It tot7+anrh��ee Coast Daly Pflc made on a blank form hrrnW*d by 2f),Z9 1g03. August 29 3 the Director of Public Works..TM 4929.13 Execa e"d on _ _ , 198 ___ arwi4i atletlllon of prospective bid- at C� s a Mesa, California. Signature PROOF OF PUBLICATION I . •� �=r- C, -?:;;:TI ';G:ON u5ACN.' ��. � # D SU3Eri .'-•: -3 `i ^ ;_ � 1 U ? . ASPHA6T CAPPING ON VARIOUS STREE S5 f. s• . .,. . _ .. ".r._._..� l - .%� .1�''�i-lam.`' ►'t'_:! .�. .Qt?!:S -- --- --- -- - - ---- - ---- - :; SEPTEM$ER 7 I g 83 1 :!! - E 570 00O- C C •;o MSC=-218 , BIDDERS R.J. NOBLE ALL AMERICAN SULLY FALLER I 1 -71 11TEMS OF \�CSti �CJa•.T1T �W.1 ��f' L� f-i •II �i'RIcE _ ALJOU iT pnicr A11oLI..I yi'f7Il:L � .a. l Pre-Cleanin_g_Existin Surfaces _ I _ LS_- _ 17000.00 L - 69800.00 - i 11000 00 -_� Iy Paint B1ndpr (_-1Q— Ton__ —_145:_00�` 2,774:00 10.00 f 190.00 10.00 190.00 1 __ I --- 3 ii Construct Asphal t Cap _ _ -i- 11838 _1 Ton 25.75}�1 47,328.50 24.05 144,203.90 F_ 28.00 53,30200 4 i Appl y 5eAL_C — ( or _��_�zO..OSl!_�_,4�D �0 i_10 QD i 90,00 1_170 007 1 .530,00 5 .1 Adjust Manholes to Grade _ I 20 EA l 140.001- 2,800.00' 1.- 140.00-1 2,800.00 150.00- f 3,000 00 i 6 Adjust Water Valves to Grade _ ! 21 f EA ! 1209- 001` 29520.00_ 125.00 ( 2,625.00- 130.00_ 2,730.00 — --- 1 7 Remove and` Base-in AiligaCored Areas �__ tS I - i 2,000.00 __ 618000' 00 - 5,9000:00 -f T 0 T.4 L S S59,862 50.- S63,508.90 S66,752.00