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HomeMy WebLinkAboutSouthwestern Concrete, Inc - 1973-03-05 r ' RESOLUTION NO ► 3759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING A CONTRACT WITH SOUTH-- WESTERN CONCRETE INC . WHEREAS , Southwestern Concrete , Incorporated did enter into a contract with the City of Huntington Beach to conduct certain repair work with regard to the Overmeyer Reservoir; and Said contractor has failed to supply an adequate working force , ;nateriz ' of proper quality , and has failed to prosecute the work with the diligence and force specified and intended by the terms of the contract , and has failed to provide means for a satisfactory compliance with the contract ; and Paragraph 8-1 of the contract ' s Oeneral Requirements , provides for suspension of same by the City Council , NOW, THEREFORE , the City Council of the City of Huntington Reach does hereby suspend the operation of the aforesaid contract with Southwestern Concrete Inc . , and the Public Works Department is hereby authorized to take possession of all or any part of the contiactor ' s materials , tools , equipment and appli- ances upon the premises , and to use the same for the purpose of completion of said contract and do whatever else is necessary and provided for by paragraph 8--.1 of the General Requirements , including the reletting of the job , so a.n to complete the nec- essary work ► BE IT FURTHER RESOLVED that thu surety ;hall remain 11ablu as provided by the ai'ovesatid paragraph 8- 1 . PASSED AND ADOPTED by the City Couriel ] of the City of Huntington Beach at it regular meet to}; thereof held on the 11th 1. ► i e,.l ••Wll") !}_!r' .•' : ,✓ ' ;thy ftt!!j!T�ti.t �t+.j,:.S+. t(l ..y.j_�t`J ..,:'ZM1;Sy1+ f �?V'�f�ylT"�,►'��1•!`, .rtl. :ri. .t, +• '!�st .`t . iy 'S`�'/�{;('� ( J' \T'(�i!Q l <.lS 1 ) .•; :< rt y � �l;l +, t` .C�Z r.J�+ lv� l:.t.. i. ! .il. f. ✓. 4n J►. +" 1Y /L".`i/t�`l�I��r.�:'Y:.t�li,.•i. ..Y'1a �l..T.t._1.. ,� 4j'.i.'y ,}l+ f. .. .a " '.'l (; ',;::'Jlr1 1�'1:� .1.-+ ��l"s �7ti1 e +:1'Si. . t��Y .•!1 �, .. .l,i ../,,7:..pr. r...^tl•.•± :i i.4 t ,,t{.+ •S yr •l L'h•� i) i lwtc t 'J`.+.1:� r, (�, .!• "dlt Cl t�•.1 T '� T f1 :C l 'faT)'JI.,MIi':+t •. )1�.Ykj,T+► •r, o 4'1A"1 �:r�'� 4.,,+)tS �,. 7rM,+; ,+•,i�.l�n•.j,{►.` , .t�1 2 �. : .f.r. r11!': �: ,,.' :r ,,,i j +I Tr. .7 + 1�. .� /y �� + �1,t � i..j J._:i}A.f--.• J"�d+, a. J ';. !'1K� '_..1KC .,..t!!+...,!>' _t�'i r (r ,.•r r, „ .. _. . .... . }. 'T. .. .. --- _. �_��(� .. r ' day of September, 1973 . Mayor ATTEST: C t y C l e r ___�__ APPROVED AS TO FORM : • City AtrEorney 71h 2 . 1��S'.'•.e;p Yjf��.,fr'1!'!i'�'+'1%.+J<n ..,.. �F"f;s,.�.+v�?r �...y�ntl!t•y ;�r�.wl+;-r•?+t.?.r . _.c•�., r ?Mr):n...-� y(;• t t'.,...,• t ;.� e•.k.•' r.0 Ky. .� �. f'I.'ii rr +,• t r"1 � fc �:��.yi�'F�, .,., fi�• ,� ,, ,,i. r .I`t'�'r- :Ys+•�i,, tt �,.- � t; ,".� i.it' f'_ ,!1� �, t I►}j r` ,M•I.++'�:/I��7"♦�+�;�a.�. .�I t( .�y3�i1} _f , p 'r,4,[: �t�. ? f.�.4 '. .y:l.. rr�:. s }. "�7. +♦ 1�� i�l :�j .'• 7 } q1 �•S.•: :! ,.�1.: �y, i;�.ITM'�'(r.�'t 'td�•...♦ :�rrfl tt'+ •,��S�i 1�.�•a�"�T`jd Tf,_�lti�S..e'��1�. '.!v.f�.�7�• x`��i h.,:A'.!C .+.r;}..Y�� ».ST�i1f �♦.�;.-fy {_ It ..S. �s .[. 1..�'.+ I •.• ,J�..•: •. .. ��.. C 1 �� •t r� T•!,• • •t ..� ...a..✓..C� - I '11 r ,t `71.,� � 1 ♦:. i !� I •4f Al Y;• l tia ,;. , .•,i..l,•l. � ': •:j���^r t'+,f. f:'r�''l;'�; I;•'f'1 r,a�r/1�,� '.!- ..i} .�i['=�l f. � ?tJ(tf ; f '`S �C-• ,+jy �;�j,.•��•� ' :ia� :�•11��:Lv:'�"1:.Lv. ,is.• �t,�._ti��f.1��1..�f 1.1'�]Sx�:'if,JtY�"•1!^M i..1.1f f l..•t.r.{.�AI�:.:l:.r.L,�1':.(1..[`. �s .i l.:d s'1'�:...f.I. _ili.....� ...�/�Y.. • _t __._._.'.� .�.�� _ ._...... __ �_.._.�..�.'�.u..�1�.......�..r�. __ _ _....�...� �_ .rj ' 0 No. 3759 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) so: CITY OF HURrINGTON BEACH ) I, ALICIA M. HENTW ORTH, the duly appointed, qualified City Clark of the City of Huntington Beach, and sx-officio Clerk of the City Council of aaid City, du hereby certify that the whole number of numbers of the City Council of the City of Huntington Beach io seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at • regular meeting thereof held on the 4th day of September , 19 73 by thQ following vote: AYES: Councilmen: Shipley, Bartlett Gibbs, Green,, Coen, Duke, Matnay_ _._ .. NOES: Counc ilmott: None ABSENT: Councilmen: None • �• �� City Clerk and ex»officio Clerk of the City Council of the City of Huntington Beach, California . v� .'. +s .:*.+ i: 1.M,`I". a ...r+•';1t �'�� `.'l..f j� _.: ti i fn.; r'w'tt',*. C'T•t'f"" +M1a,1 ..:..s.••.y._,. ....y ::Vyy ii1'rt 5 ' -t �c•.t-i.i.:�t ? ...:'i 14 � i t�i :, �tFT •�. ,";, '.. v 4 a } ti � t Mj[ +.• . .S ri. . ,.�fh` q ll� tti ::;-,•1:•.?;1; .L!t ,^'"'1 ,4 ��` .5l �• t 11 i� ( ,. ,■ y:rSi' •fla• ."•j ,C j4' „�1 hr.,�. ,• -.4.y { ,.:: .+.:r .! �.L ,•.',y ,:: •�'{r 5 .4. •5...5 '�. .} FJ tt. + .Ir. J\ ` _•>S1�i'^ �, .• � } ryi+t - 1t t. � yi.• .; ;r',fi ', .t.r, ` •l�c}} . . � 5:'j �}11'�� "r�l 1.ti"� '.., �' �»}-`��#7t R',.d'i a!'),..•l...W 1 ....'� iSl�. •.r..,. j.4"q. i ,:a�.�j.F Rif6r �rrt ..,%. .r. .c�.'+._+..••.. :4t_Y ,. rF•.,�-;a:...'.af 'yr•: h•.V,`:,".t„»':+.f'.v�_ :':.'t,..ni.�.`'�.:r'.L'•:G.•d ! .. )i�, ..i. • c .r.,�'_ _��ti��V�.._....... �... --,jrrs•r�i:r�oiml' '. C O N T R A C T THIS AGREEMERT, made and entered into as of the _�.� day of , 19Z, by and between the CITY OF MMINGTO11 C a muni ipal core ral io , hereinafter referred to as THE CITY, and hereinafter referred to as TILE CO :TOR, W1TNESSETH: WIUMMG , in e-- , 43 of Code, the City Council of the City of Huntington Beach, California, has ascertained the general prevailing rate of wages applicable to the war cove reef by this contract as more particularly set forth in a resolution of a City Council of the City of Huntington Beach, a certified copy of whic revolution is on file in the office of the City Clerk and made a part here and designated as Resolution No. , entitled: De IQ WHEREAS, the City Council o the City of Huntington Beach, County of Orange, State of California, p suant to statutes in such cases made and pro- vided, duly and regularly ca ed a notice to be published, calling for bids for labor, material, tool nd equipment for the v� in said City of Huntington Beach, Cnlifornia, said work to be constructed according to plane, specifications, general requirements , and special provision for same on file in the office of the Director of Public Wor and adopted - t-he-6 -f:oc � of said City of Huntington Beach on the 1 (lay of 19, _r, to which said plans , specifications, general r 1 i ..... ,.. r.•r !♦,•:.•r•r '"r rt t .+..•7l% r,^7♦ [r1 •.. Y �t• f• :.•4',1n -iq�., ll,'f1.1:,r�A • '.. I:,'n�. .,,♦.♦e...q•.rt,Y . •r...a.\., „I•t„a+•,yr!rw...y, �'T• -rlv,....+. h 1 �V.n �~:[ 1 t ,'. 1, K ' " ? �•` t ♦ 1+ , . . ..? . .:! "C -u ,.. ,,. ! ':.,_ ;rr,f r t- •!e d';�(•} }. /' ,IT , r .f4,'+r ;"tiyry + 7 r!d-'fr:r!� t,.,rt,..,:v,.�!{,rcq}..'. }"al . y iY.:.' t ii: y..\, 1 1' , 1• jj rJ i 1.f •i.� !1!►.SI.Ti ,.t4',�, . t. ,. 1. rJ ff •. .r. ,,.,. ,., � 1r , tlf• ,tt';" 4'!..-:.:6:,•}Sl. ;St� ,.v♦ 7tit: i''at rl ..t°.r1S.IM J:1.?I�ijlnl �:,'i.., � �..;1>"F...'r,,'/ 3r1 . 1.. ..�♦ .. f :'t 7::r 1♦.f.k?., r.1,i�.J„ . ,lrft. r J,<• ..'tflr f♦ 7 r4 1s15 a��r..al!,7c� ^ ` w .., yr. ♦«}� r:. *a.Yt1! •f ,r f..,..•.`- ri�r+ .f•.,1._.,..,,4 .;t{I;i!,1'.r,.�le''at.'1__t.•.<r..,Yltt•'FJ•1.aw .•,� }'1 ♦...•a•�'.j�T M�'.fi t'•1!+ r,♦ ei' fT•�'il!r.l r, 'r�.`•r/1 -1-.^ �Y~1"•1L,y`rr. �;. I r f7 a t� 1` ±..�. • �!1� �'� �l}t'.`,.� 11.�'�1 ,1 1 i 0 �..1/ r requirements, and special provisions reference ir: hereby made , :ind by reference they are made a part of thin contract as if herein set out in N11 ; and WHEREAS, the City * - received the report of the result.;; of' t lik. hi ,I:; submitted by the respective bidders for the construction and completion of the above mentioned work , and after careful consideration of all bid- nubmi Lted the City .trs+u+e•r - L awarded the contract therefor to the CONTIMCT012 t hor•ei.rr rr•tmed at the prices set forth in his bid, it being the lowest and hest, bid re e , e d by the said City Council , NOW, TIiERFFORE, in consideration of the covenants and agreement:; herein contained, being done and performed by the parties hereto, it in hereby •ef'reed as follows: I. By my signature hereunder, as Contractor, I certify flint I am aware of the provisions of Section 3700 of the Labor Code which require F�very employer to be insured against liability for workmen' s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of t1lio. contract. Il. Contractor agrees to receive and accept as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the total bid amount Contractor submitted in his Proposal which was accepted by the City Council. A copy of said Proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City nhrall include all payments for all loos or damages arising out of the nature of the work aforesaid, or from Lhe action of the elements, or from any unforeseen difficulties or obstructionn which may Arise or be encountered in the prosecution of the work ernt:il itu acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully corrtpl.eting the ar)rk, and the whole thereof, in the manner and according to the plates nnrl ;,p cif iea- tions, and the requirements of tho Engineer under them. III . City agrees with the said Contractor to employ, reteli dor:; hereby employ, the said Contractor Lo provide the materials and to do thr, work according to the terms and conditions herein contained and referred to , 1'or the prices aforesaid, and hereby contrnctn to pay the Name tit the time, in the manner and upon the conditions as set forth in the genes rn), requ i rerien t n and the said parties for themselves , their heirs, executorn , a(Iministrntors, successors and assigns , do hereby agree to the full per•formt7nce of Lhe ­ovennnLs herein contained. IV. It is further expressly agreed by and between they parties. hereto that should there be any conflict between the terms of Lhi r, i nstninicret anti the bid or proposal of said Contractor, then this inal.rument ohall r.ontrol and nothing herein shall be: considered as an acceptance- of the said t.erma of said proposal conflicting herewith. �.,•.,-.... .;,,"........ .�-...,.. •. .:[.: .t. :r: •�'v•e. •ti•, t �., � ..1.?�•r 1.:.'.•. •r'.�. R. �: ii• 'lid "AA, 4 *'ti' si ►,=iN ..Y,•\' '•3Ul!�^ ?it'd 'tn l r e>•rJ�t�.�L¢.tyl:}.�n Nn�f .+1.t, ,, ;.!,A,3< �+'�4,Sv,r,ilG.It�'� .,... .,.. �'�:-rZef ,�tc i't. 5� rrrl'4�'�`t•c .�,�'n �ti.` •..a....PA�;r. ..� r-�r � t .1...._.••.t 1`. - s. �rJP.• i,1....�_. l;ltd i"h t�.. ,«,1 •' •.,; r ,�t�.rr,t? _,.I..,a�1,,".�-'.rr::;'..+ ^,r1' +?i.. + .,..'�.v'SY r} -'t`�' 1��'-�•. �.. ..,:'« ;�?ti; -.• i.�•.-(,.i -..fit .�;T i^ •�\•� L'• I.�.h;t �•� 1 ,. ,..'�rlr.rr. ! 1• h•� .*�� t•1 •r 1,C: _ •.ry•.M1 .1 . . r. t4 t .1• 1 t r• ........J•�f.� ...`t•✓, 1�., �--,Y,• fill, v r;1��7,1 • �'1r 1� •�:•-}..�h. Arta � r �� � ;��. C 7 t r ,-�.. t„ .� 1:: IN WITNESS WHEPMF, the City has caused its name and seal to be hereunto annexed by its Mayor and City Clerk] thereto duly authorized and Contractor has met his hand hereto, the day and year in this Agreement first above written. CITY OF HUNTINOTON BEACH, a Municipal Corporation By mayor ATTEST: City e APPROVED AS M FORM: City Attorney ontractor's Legal FirmName (Corporation, Partnership, Co»partnership, Joint-venture, Individual or ^ ) By r Position 4#r Title By w Position or Etle By -- Position or Title NOTE: Contract must be executed by president and eecrotary if a corporation; by all partners if a partnerahipi or satisfactory proof that ©ome other aiguature is legally nuificiont must accompany this document, r3r .r �['•a`f \ri.,rr�r.� w. ,!rY ,wt• ,�i':"...t-;'� K •'�:�•","'rw.` T1..��f.e� n�rr •.,-r.�-•R�1rr,.�,SK�! +r:. r• �,�t a�r�a.�•'R.o. w,...re�y_ �.r{,,,.�,�. � �r n►.�Y'���N Kt' aC r`it S. (� ;'yTt''11 , !� � s- �+ �. :.�:. ..�a•, , + � .+ °�"{'r! <r=.. p ,i", �! lti `ii. y''•+.v7 f t -'�., it b'i':i � .i }i�ati, fte.- . �. �!'1.- `f °"11 C t !' �f;:�? 4 !•� �� ;:l;Y .� ?• ':�. { � :�::'f ��.;�•t�►�•:i i,r lit'.. ,iCl. r 1.�� � it;yt '1 i•! ;ti: 1!ir,Y '''�1'i`'•''`iaif�t���['rt.,;;t.,,,r`SJ�.,:'�'v�i ".iFti:JHA�r�i7d.�k�i,':'�i�i'. r+v�s��l . ;� ,.. �. •�_ ._,� _y..,,.. .. . ..., .. ..�'J ,e .u. ...�. �.�� ,�'.�. .,,"y +1.i .f '.f;,'� X !;. t.r, :r •,�.♦ .:/-. :�.'�n11•. .,�,�. �r.t�,;., /",K'.i�•�,i�'i��t�'�f�...i3,,'ty�;l•�0^C�d .��,r�'+..h��.`1'L�� ��•:�1.'.'n.rt -.l'11�)rr f, �tl�,. �v r�• ..! t`..i-�'�. !,.r:.f,y!! J{Rj 1►r? .r�'!,,{..� 1:� '.,.:r1��� .�.�,��! .�`� .`ti�i 'ik a'.�t/:+1��.� *�jY VV. STATC OF CAWORNIA, I COUNTY OF LOS ANGELES � ss �I ,' QN March 22nd 19.73 bofow me. the undersigmd, a Nolmy Public in and fm said Stitr petsonally appeared I Carl Mann known to me to be the t per mon whose name l s subscribed to the within Instrument, �-. -'—' and acknrowledged to me that he executed the same, as At t o me y—i n—Fac t t 'I.., I Ilta:M for SUMMIT INSURANCE COMPANY OF NEW YORK. Y hr1,1(; (ZLITII (ZAPJ('f= WI IN[SS my hand and official seal. ri All AChhUAlOM1141 frn„r�l Wulcrltf form 717 -Ar, 6; Notary Public in ad rnt Said Ntate. N � PERFORMANCE BOND �woo *0 n+iunafew phis bond is S_..�. , In advance and subject to adlustment of current manual rates. SUMMIT INSURANCE COMPANY OF NEW YORK 1900 Two Stull Plaza Ifuuslon, Tez:n 77► 2 Bond No. 270351 KNOW ALL MEN BY THESE PRESENTS: That we, SOUTHWESTERN CONCIic"TE, I NC. 367 Bird Rock Avenue La Jolla, California 92037 as Principal, and Sumit Insurance Co, of i1. Y.t a corporation organized under the laws of the State of New York and duly authorized under the laws of thtt State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound ►.-nto CiTY OF HUNTi N;TON BEACH as Obligee In the full and Just sum of FORTY FOUR THOUSAND FIVE HUNDRED AND NO/100 - - - - - - Dollars, (S 44,500.00 ), lawful money of the United States of Americo, to Le paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obiigritiom it such -ihat; wheraas the above bounden Principal has entered Into a contract, dated Marcia 20th , 19 73 with the Obligee i `4E1) AS TO TOP11 s to do and perform the following work, to-wit: Doll F. I?ON A City Attornay Resolution 3652 Installation of Leakproof lining in � Ove rmeye r Reservoir, Unit #3 By: y. � IV .Deputy City Attorn©r as Is more specifically set forth in sold contract, to which contract reference is hereby trade; Now therefore, if the said Principal uhall well and truly do the sold wor►:, end fulfill each and *very of the cov. enants, conditions and requirements of the said contract in accordance with the pinns and specificaticns, then the above obligation to be void, otherwise to remain in ful! force and virtue. No rleht of action shall accrue under this bond to or for the use of any person other fhLn the Obiigee nomad heroin. Sealed with our seals and dotted this 22nd day of March 19 73 ,I SOUTHWESTERN CON_ CRE•rE, INC. _. .. ___.--------.-_— _---------- P►liir.ipal Summ il' 1 NSUItANCE QC)h1I1i% 1Y ()I: D4E.W YC)it1% Suro ry By -- -_ kaNa _ _ - _aICON —11►3 hh +Afto.nny:in-Facf :A ITN. 17l!�-'�t�t': ►.,T..!�{,'t�lr.v..71� -+.,...lt••r Y 1r�M�. ,.R� ,, rZ' ^a`"•-. `', ' i!r! •.1.. ;, ' (', .,.i ^:." T• '1. 1y .�`, �.w d.'•,-,^ i �, .U.:. i"..r� .. Ir ,. , r„A .,, r f , 1t`:' 1C, ! t ��. _ r �. .t..•,1�► ..c .+.V., ))• ..%r� .;.'I ,1..iitt '.. ,r,�ti:Li.. �....,..,.hl '`.:'t'a `,•' ;•�f !"f, r. ,.1 , t. 1.;�}� ..•.:•. a.;.'rrrr�•r,,.tt ,;..'dY r ..,.,• f , ti.: .i � -t � .i.ry r i �t " ,;•`�•'�, 7.�Jt,� r .., / � r ,,,. ,... .n •. rJf L - i:h4 �'.C'``' ;�. r I 'rM R r'..�! f C . r� �� • r :', ... � ,.i"', � .,M ,,� ,;'• �• .:t;.' f� ..l�f }.. '4tA �.,. /^ t'.,... e.Pt ,Ax x�,'.% H+^n �� -. "„�' ;,;:- .r._-• �•'�� �.L.��^4"�f"h4.taG�,,��:3�.~ r�s�►.L�.. �i. i��»'il;,�:�.1�1 7:�` ,`�'':� r t.�Y�".. � ,.t�. _,,. .r,.:,.e�:.�.v i.: .ej�rt�::��al'tad'.�tt�.�i1�:�.+.'+w'uu�. .�'i�i.�►aG1�.''�'ir�''°.C'!"}' 1d . ilV.:l..fe1 J; STATE OF CALIFORNIA, l COUNTY OF LOS a.WAFS 1 ON ftrch 22r.d, j b►rtrrc, me, th►l ondersip.114 a Notary Pubin: in anJ for said State, personally appeared C, Mann known to the to be the person . YIuse aamv i 5 subscribed to the within Instrument, as At.r^me ' �i -•-1�-•= -':1 I '-- EAI and i6nuwled ed to trip that _ . he _ eacruted the sime, y- in-F ict FZU7 hi IiANCE: {o r SUMMIT INSURANCE COMPANY OF NEW YORK. j! WITNESS my hand and official sea' �! i• u ' ! i`1: '; ,' !l't I, i 111 li l'r'N1.1 Ac►.NOW InGWINt Gtntrd-.'Volcoth Iurm 71I—Rtv 164 Nutr,ry Public is and for said Stair,. SUMMIT �1NSUR T COMPANY OF NEW WORK z5o � 270351 POWER OF A'ffORNEY KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY OF NEW YORK. a corporation of the Statu of New York, having Its p•ineipal offices In the City of Houston, Texas, does make,constitute and appoint:_ Car) Mallll, Jop Strancn,Sid Sainso 1 its true a.id la►vful Attorney lei-in•laet, to make, execute, seal and deliver for and on its behalf. as surety, and as Its act and dart, any stiff all liorult, undertakings antl r:ontrects to suretyship,in behalf of: �Q Hw STERN fl ��.���y�.r as Princfpnl and C.1_ty of Hut I► g-ton 8gch ns OblIgue provided that no hand or under- taking or contract of surelys►s;p executed under this authority shall exceed Ilia;mount of ; not to erceed M 'S250,000= This Potior of Attorney Is granted and is sigi+ed anti sealed by facsintilo ands: and by the folrowir.g Resolution aduriltia by the Board of Directors of SUMMIT 114SURANCE COMPANY OF NEW YORK at a mousing duly called anti hrltf on the 8th day of August, 197" "RESOLVED, all bonds or the eorpnrat'Ln slsall be exoeutud In the corporate narre of the company by the Presidenk or Vien president, or by such other officers as the Hoard of Directors nsay authorlra. The president or any vice prosident, secretary of any assistant secroiary may appoint attnrneys•in factor agentr who shall have au horny to Issue bonds In the native of the company. The corporate seal Is not necessary for the validity of any bonds of ilia corporation." IN VATNESS WHEREOF, ilia SUMMIT INSURANCE COMPANY OF NEW YORK has catisud these presents to be signal by its officer undersigned and Its coy, porate seal to .)a hereto atlixed eiuly attostod by Its Pact alary this 12th day of Septorriber, 1972. SUMMIT INSURANCE COMPANY OF NEW Y0.70K Arrays: (1y '�•7` 'r' ••'"'r Secretary t Pr tHent STATE OF TEXAS I l as: COUNTY OF HARRIS ) On the 12th day of September, 197:, hafore me poisonall% came Kenneth F. Cooke, to me known, tvhn being by mo duly sworn,did depute and say: that he resides In the County of Harris,State of Texas; tliat his Is the President of SUMMIT INSUNANCfi.COMPANY OF NEW YORK,the corpo:allon described and which exeeutad the above Insrum+nt: that he knows the seal er said corporation, that thn seal affixed to saidinsitur►tont is suds corporate seal: that It wss so affixed by order of the Board of Directors of said corporation and that he signed his aerate thereto by Ilk• ordrrr. �+r�.• Notary Publlc BARBARA ANNETTE OYRD Notary Public In anti for Harris County Texas STATE OF TEXAS I My Commission Eapites June 1, 1473 COUNTY OF HARRIS i tt CERTIFICATE 1,ihoundertigned.tfuly elected to the office tfalad below, now the Incumbent In SUMMIT INSURANCE COMPANY OF NEW PORK,a New York Corporation, etitno►i:ad to make this cwtificate, DO HEREBY CER7IFY that the foregoing attached Power of attorney rernairis In full force &tiff has not Gwen revoked; and ftirtherittore,that the Resolution of ilia Boart!of Directors,sot forth In the Power of Attorney Is now In force. Signets anti sealed at the City of Houston,'Taxes. Dntad ilia 12th day of Seple-%titt, 1977. )0�110- ;-!'♦ !1 Secretary , LABOR AND MATERIAL BOND PUBLIC WORK—CALIFORNIA The premium for this bond is included in the premium for the (rand puarantesing perform- ance of the contract cnvered thereunder, Bond No. 270351 SUMMIT INSURANCE COMPANY OF NEw YORK 19O(1 rwo Shen Mimi ttuuunn, 'resas 7IM2 As TO rOMN Ica; V. r,r1*4FA C-Ity Attc1'iiC' K,\'C)%ti' A1.1. %1t:N 111' 'I'tll:til: I'fZ1:tiFN'I•ti: By: Doputy City Attarnoy '111:1t tr•r, SOUTHWESTERN CONCRETE, INC. .1% Principal. and sunuT INSURANCE CONPANY, incorporated under the laws of the State of New York and authorized to executt honds and undertakings as sole surety. as Surety, are h_ d and firmly bound unto, any and all persons named in California Civil Code Section' 3 13 1 who%e claim has not been paid by the contractor, company or curporatiun, in the aggregate Loral of FORTY FOUR THOUSAND FIVE HUNDRED AND NOIIOO. Dollars. ( S 44s 500.00 1, for the payment whereof, well and truly to he made, said Principal and Surety bind themselve%, their heirs, administrators, successors and assigns, jointly and sevcnill , firmly by these presents. 'I'hc Condition of the foregoing obligation is such that; %viiereas the .iho vc hounden Principal has entered into a contract, dated March 20th, , 19 73 , with the City of Huntington Beach to do the fallowing «cork, to-wit: Resolution 3652 Installation of Leakproof Lining in Overmeyer Reservoir Unit #3 Now, 1'herefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pays any claimant namcd in Section 3181 of the Civil Cade of the State of California, or amounts due under the Unemployment Insurance Code, tvith respect to %%,ork or labor performed by any such claimant, that, the. Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee. %Which shall he a%%-vrded by the court to the prevailing party in said suit, said ittorney''s fee to he taxed as casts in said. suit, 'Phis hond shall inure to the benefit of any person named in Section 31 81 of the Civil Code of the State of California so as to gist: a right of action to them or their assignees in any suit brought upon this bond. 'I'his bond is executed and flied to comply with the provisions of the act of legislature of the State of California as designated in Civil Code, Sections 3247.3232 inclusive, and all amendments thereto. Signed and Sealed this 22nd day of March , 19 73 . SOUTHWESTERN CONCRETE, INC. SUMMIT INSURANCE COMPANY of NEW YORK • Stuety //. 44417A in IJcI SICOIIY-142 t `5C,'� ,♦� l'+��J* L c; Tic { wr1�y •' A' ^ iy�j y '� - rl �e�. i rf : ' ,}�° ;` y ��:••iuii�i���•_'^'i S` zl ,'�` yii � � ` t, r r. i. .� ,�����ti:'.r Y.•. '�'"►kY �� 't�4�� ,,��'♦ y _ _ t ` 1'" ,.� �.4 Jvs ♦ .a„ >v ,r! k:.},,., r.t:� t _•.t a r .__ ._•a.^e+�� �Z'}�..ti•IYrrt�`', _a�: ,�rC �. ��;�tit'!'rtl.•r�s'<�,�.�fi�.:sS�S ♦ 1L N, SUMMIT INSURVCE COMPANY OF NE 1*ORK 250 51 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY OF NEW YORK, a corporation of the State of New York.having Its principal officas in the City of Houston, Texas,does make,constitute and appoint: Car{ Mann, Joe Strance, Sid Samson Its true end lawful AttorneyW-In•fact, to n+ake, awacuts, seal and dollvor for and on Its behalf, as surety, and as Its act and deed, any and all bonds,undertakings and cnntrauts to suretyship.In behalf at: 50111HMMN CONCRETIa INC. as Principal and -_ City of ,unt i nfa ton Beach at Obligee provided that no bond or under- taking or contract of suretyship executed under this authority shall exceed the amount of : not to exceed -S250,000- This Power of Attorney Is granted and is signed and staled by fscslmllo under end by the following Resolution adopted by the Board of Directors of SUMMIT INSURANCE COMPANY OF NEW YORK at a meeting duly called and held an the Bth day of August, 1972: "RESOLVED. all bonds of she corporation shall be executed in the corporate name of the company by the President or Vice president, or by such other officers as the Board of Directors may uuthori:e. The president or ant# vice president, secretary or any assistant secretary may appoint attorneys in-fact or agents who shall have authority,to lssve bonds In the name of the company. The corporate seal is not necessary for the validity of any bonds of the corporation." IN WITNESS WHEREOF, the SUMMIT INSURANCE COh1PANY OF NEW YORK has caused these presents to be signed by its officer undersigned end Its car• poste seai to be hereto affixed duly attested by its secretary this 12th day of September, 1972. SUMMIT INSURANCE COMPANY OF NEW YORK 3EALs e Attest.� r?�eY�r,, 7 . ( �,h�Yir? � by 7" '`'•�� Secretary 1 Pr sidant STATE OF TEXAS 1 I ss: COUNTY OF HARRIS 1 On the 12th day of September, 1972. before me personally came Kenneth F. Cooks. to me known.who being by me duly sworn,did depose and say: that he resides In tha County of Harris.State of Texas;that he Is the President of SUMMIT INSURANCE COMPANY OF NEW YORK,the corporation described and which executed the above Instrument; that he knows the seal of said corporation. that the soil affixed to said Instrument Is such corporate teal;that It was to affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, Notary Public BARBARA ANNETTE BYRD Notary Public In and for Harris County Taxes STATE OF TEXAS 1 My Commission Expires June 1, 1673 COUNTY OF HARRIS 1 't CERTIFICATE 1,the undersigned,duly elected to ilia o.ffies stated below.now the Incumbent In SUMMIT INSURANCE COMPANY OF NEW YORK,a New York Corporation, authorlyed to make this certificate, 00 HEREBY CERTIFY that the foregoing attached Power of Attorney rommins in full force and has not been revoked; end furthermore, that the Resolution of the Oanrd of Directors,set forth In the Power of Attorney Is now In force. Signer!and )ojhKf at the City of Houston, Texas, Dated the lath day of September, 1972. Secretary •w..d 1 , RETURN ORIGINAL AND THREE Carl[/ OF � � ONLY CITY of MUNTINITON r[ACN0s ream com/LlTto CERTIr1EAT[ Tot CERTIFICATE OF INSURANCE Or CERTIFICATE Or INSURANCE WILL I[ ACCEPTED. CITY Or NUNTINITON eEACN TO 09PARIMINT OF PIMLIr WORN P,o, SOX IUD CITY OF HUNT INGTON BEACH, CALIFORNIA MUNTINITON BEACH, CALIr)RNIA 91641 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been Issued to the Insured by the under- signed and are in force at this time. if these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured_.__�R0 Address of Insured._._367_•$1xt[ Rock,..Ave, .T--Lii-,fig T_-Ga i i-f o--92g3-- Location of Insured Operations 1 o )oZ!a-tJ-W . Description of Operations -all--G •ti 13 - --- POLICIES IN FORCE POLICY DATE LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION A. Workmen's Compensation CN607= Statutory Employers' Liability 6105 11-14 i 2 11--14-73 $ 100 s 000 B. Public Liability: Badily injury: Manufacturers and Contractors [] 1 $ 500v 000 Each Person Comprehensive LG607- General 5905 TI II D $ 1 #000,000 Each Accident (Including products completed operations) Property Damage tl tt Tt $ 10 000 a 000 Each Accident C. Automobile Liability: Bodily Injury TI II TI $ Each 1Derson $ 1 ,00MOO Each Accident Property Damage $ 1z 0001000 Each Accident Does policy cover: All owned automobiles ( x ) Yes ( ) No Non-owned automobiles ( y, ) Yes ( ) No Hired automobiles ( X ) Yes ( ) NO D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or carrmiss Ions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assured& hereunder. E. Hold Harmless Agreement: 1; The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by Insured, his employees, agents or any subcontractor arisiry out of or In consequence of the performance of all operations covered by this certificate. F. Minimum Limits Required: Public Liability (Products habilityl including completed operations) APPROVED AS TO FORM: Bodily injury-aach person I h1 oa0 �, Doti s . 1101.11'A each accident s r000 Aggregate C i t}~ At f u r-t::,y Property damage G. Remarks: Overmyer Reservoir U,nit��_ I; anti y City T• t ntiy (Signed)- Industrial Indemnity INSURANCE COMPANY By A.`�.C_2 0 X:L 1,V11: 'i l I' . 1 .,`l•,'' ,;; (;{ ), SIGNATURE OFAU1NORIZEORZ SII:NTATIVE • . r, j�y �j1 �� _ s � , 11.1:�s..�� ' �.- rl.�",t.�h�•1'�;i,�fl1,:�t•c ��•�-.t�strc:`:;',:.V.�.,._?�W•�r� �nF+��'7'�«t..1,, �;a,. /}r;� if•� �r12 .�'� .ate �� � l i '1 .;r L-r 1 t "i n,�� aar. STATE OF CALIFORNIA COUNTY OM_ San Diego � 35, On suiu>7L3' 1 U-3___ before me, ng� r� the undrnittned, it Notary Public in and for said Count> and State, personally appeared FOR NOTARY SEAL OR STAMP T to bn lhr `ir.rnun..b--_whose namr_5.... - _ 1111kcrihni to thr ti �' '7 within h lnunent and t'1<nuwlydKrd that_ __.___ __ rstrnlyd thr LUJMY !( G, 1913 .r � ..fir..`�t►r.'o'...'. .N✓�V1,t?.'1/'1i1/ Mary o t Nun ter — - Name ITyprd or Printrcfi kNutary Public litand for said COmity and Slstr POLY FORM COATINGS & CHEMICAL CORPORATION! Jnnuary 29 , I073 C E R T I F I C A T I O N Reservoir Fluid Applied Lininr and Joint, : ealant (PF 1 211 -1 & fir 1212 ) Huntinr-ton ?retch .Reservoir Uritt =''? This is to certifv that the ah:)ve materiels are to thi- bent of our knov+ledge tasteless , odorless rind will not discolor nor contaminate treated water. It is non-nutrient and sho+ild not. support:, rrowt.h of llvinv- orranisms . still ingrcdipnt .. are acc.ortnhle .for use under existing, FDIC/t?fi;•; rer:ulrements . Thp .hove material..,-) -ire gt.lnrantped against; defect. of work- manrhir and mat-.erial and said .lining and �;o.!llants fire further c•+.mrant nerl for a period of fift:Nen (1 5 ) years, mi.nzmum against; dpr.p.rioration r;tie to water contract , oze)ne , ultraviolet or other norrvil went.hor aping . Thia F,unrant ov if, Ii.m.ite d to replacement of ^t�7t,c�ri ,Is Onty -Inci cioes ;scat. -:over v-indal. i rm , e,arthriun. es 1!md Pxces:sivc "t.rurt.ur• it chanmvc-, , ncts of "lod , man or n► , i. -nn, ol, an tmuS-m-0- nat tarn , . 1 1 P. O. Box 926, r.1 Cajon, Co.. 92022 (714) 449-0072 x a PITUNN 'ORIGINAL AMO TNNfC torlls o1 0 ONLY CITY O/ NUNTINSTON 119ACN+Jt FOAM COMP16979111 CROTIFICA1'I TOI CERTIFICATE OF INSURANCE OF CtRTIricAT[ nr INIUNANCI WILL 19 Acccrrra. rIrT or MUNTiNGTON MRACll 0 DIPARTMINT e/ PUGLIC *00198 race nor ISO CITY OF HUNTINGTON $EACH, CALIFORNIA ►IYN111011TON elAl'N, CALIFORNIA IeM A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issued to the insuredbr the under- signed and are in farce at this time, If these policies 41 cancellea or changed In such a manner that wll! affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured_... Address of Insured ,fir Location at Insured Operations Description of Operationti POLICIES IN FORCE POLICY DATE LIMITS OF LIABILITY NUMOMR V ECTIve EXPIRATION A. Workmen's Compensation il:l: "',- Statutory Employers' Liability t'7 �!.� - ;(_,._,r , �� f; :� $ 1CX) ot7..I B. Public Liability: Bodily'lnlury: Manufacturers and Contractors Q $ `, 001 000 _Each Person Comprehensive Gansrot `-' +' $ � Each Accident (including products completed operations) Property Damnge ++ I' $ y Each Accident C. Automobile Liability: Bodily Injury " 't " $ ",0 ()' V) Each Person $. 1 ,'Vir),,C►oo Each Accident Property Damage $ I. r. 22 (22t;) Each Accident Does policy cover: All owned automobiles ( :;' ) Yes ( ) No Non-owned automobiles ( ) Yes ( ) No Hired automobiles ( ) Yes ( ) No D. additional Insured Endorsement: The !nsured agrees that the City of Huntington Beach and/or membors cif the City Council or boards or commissions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assureds hereunder. E. Hold Harmless Agroementl The insured agrees to protect, defend, Indemnify and save harmless the City of Huntington Beach against lass, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, ogents or any subcontractor arialre out of or in consequence of the performance of all operations covered by this certificate. F. Minimum Limits Required: Public Liability (Products liability, Including completed operations) ':VROVED AS TO I:ORIAt Bodily Injury each person 2,II 0ADigQ C, , r DON P. RONFA each accident s ;im ,'� s {I�%cl, E.'�i�? e ' ;t ,'; .,, . -. City Attorttoy Property damage + G. Remark:: MI (Signed) 1'!1,:t/.,;'1:.� INSURANCE COMPANY r:0. SIGNATURE OF AUTNORIZEAi1EPA91ENTATIVE S �►S'�.�:�C7r.; ,1VVIII, A��� , .�7Jllej 4. K'Afr�S, tV_- 4Mi'A4 611140i ONIOtlsAL Also TNRig C0V151 0/ ONLY CITY Or MYNTINNTON IIIACNIO FORM SOM/LI!t0 CIRTI/ICATK f01 CERTIOICAT6 Of INSURMCK or C9411111CATI OF 1118UNANCK 'MILL 91 } ACCK/TKO. CITY Or MUNTINNT14 e14CN Td OKPA4TMINT Or PUILIC WOIIKO r•a• sex Ise CiTY OF HUNTINGTON REACH, CALIFORNIA MUNTINNTOON eKACM, CALIFORNIA ele/e A MUHICIPAL CORPORATION This Is to certify that the policies of insurance as described below have been issued to the insured by the undor signed and are In force o1 this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to givr. 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured ,� Address of Insureds t't ,�r! r;r.•+•;� ��vr n1111; ;, .rnl 1 I'!1 l 1 Location of Insured Operations J.tr:`' Description of Operations I_fit, POLICIES IN FORCE PO ICY DATE LIMITS OF LIABILITY NU EFFECTIVE EXPIRATION A. Workmon's Compensation C116,;)%7_ a .1-1 4 72 Statutory Employers' Liability (-:L0r X.1_111 17a $ ;'•nU,UdQ B. Public Liability: Bodily Injury: Manufacturers and Contractors' $ r;r yi nr,h Each Person Comprehensive LG607-- General $ 1 lr)n, Or ()Each Accident (Includirlp•prodLes completed operations) Property Damage II 1r :, $ -winn i . nrr, Each Accident C. Automobile Liability: Bodily Injury 1, it -`iOC�.�(:iCGi? Each Prsrson u`' 5= t�J'J Each Accident Property Damage $ '1 „rinr.� (x)0; Each Accident Does policy cover: All owned automobiles ( j Yes ( ) No Non-awned cutomobilas ( ,. ) Yea ( )•No Hired automobiles Yes ( ).No F D. Additional Insuroid Endorsement: The Insured opreas that the City of Huntington Beach and/or members of the City Council or boards or commissions and elective and oppaintive officers, servant or employee of the City of Huntington Beach when acting as such, are additional ossureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, Indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents or any subcontra;tor arising' out of or in consequence of the performance of all operations covered by this certificate, t F. Minimum Limits Required: AFMODED AS To F'(>tn& Public Liability (Products liability, Including completed operations) DON p• BONYA Bodily injury each person X 1 each accident ilOC:1�0: `a : ,City Attax-1loy , ilC�� , Cf()E'1 ,1:.; ;r1'Z:,rti:� Property damage G. Remarks: Aoputy City Attolme 3l (Signed) INSURANCR COMPANY o It fv•,ii CO !i,i i ,%O. By , SIGNATUII! OF AUTHORIZED REPREIRNTATiVE1 t[!/_rw:i°ia:.'r�i'�.�a-i7.•'l.:v:71�7'�;y:. �1..C:�.4r.'i•Y{ '•_�.,'�l ,•i t11�:. ::r`�h�'N� ••' .} �.�,l S�;r`'�`1'.�y�nMw7i.A� rs+!'�.1'� t.`��' A T� -tC.�-..�Y..�f�?.•�i ��'•:�GYY.!^..�.'�!!P7l'�:.Y.rCv�::naa.•cw :.y...... ... �.-.... -- -- f r4itk' .) OFFICE OF *CITY ATT' ORNE1 �y 'd P. O.BOX 190 , 2000MAIN STREET Vkr HUNTINGTON BEACH CALIFORNIA 92848 �,(, -- •�t.�, Z CON P. PA IFA TELEPHONE CITY ATTORNEY (71�I698.6Zd1 I,`�. 1,.? F�'el�raury 8 , 19l7 Mr . Barry M. Iiolinsicu Jones', Poliner and Folinnky Attorneys at Law Suite 325 Olympic West; Building 15113 Olympic Boulevard Los Angeles , California 90015 He : Huntington Beacf; Rental Company vs . Joseph Hartman, etc . - Case No. 251111 Dear Mr. F'olinsky : With regard to your February 3, 1977 letter, addressed to me , the following applies : Unfortunately , the address we gave you for Suuthwestern OCOtLeret•e is the only address that we have Here In City I1a11 . As MLICII WS we would like t;o , t;lie City will not be able to enter into a Stipulation to Judt;menf Zgalnst It for $1 ,806 . 61 , due to the fact that if :stipulated judgment were f1led without a factual Dearing determining Olt? rights of the parries , the City would bn opening itself to liability for said amount . I think that ;our best recour:�e is service by publication , derault judgment , then City can turn over to you monied with- teelcl on stop notino . Unf'ortimately , we are unable to hcip ,you f urthev , but we mu.,t i protect the bent i.ntereots of tile City . Very truly your n , DON 1) . 130NFA City Attorney By �- J AMES GEORG ES ,•�� Deptlt;,y City Attorney er c . c . City Clerk Earl Horton , Finance Department CITV OF H1iNT1NGTON BEACH c INTER-DEPARTMENT COMMUNICATION 11UNIiNG1004MACH To City Clark From Eric I . Lovejoy Subject Stop Notice from Yale Enterprise0ate August 91 1973 CC--242 The major portion of the alleged invoices from Yale Enterprises preceded the subject contract by more than one month. Furthermore, the nature .of labor and materials is not disclosed . While the subject stop notice may not be fraudulent it is at very least grievously in error and all necessary steps should be taken deny it. Eric 1 . Lovejoy,' Division Engineer-Water Superintendent EIL :ae cc : City Attorney Finance Director i i S`1*01 ' NOTIt '1�: ._... ....�......_ 1. yu TO: CITY 01- iTUNTIMITON BT,AC H, Owner NOTICE IS IiT�;ItT�BY C,.'.,T.N that the undersignmi did on February 14 , 1973, Pvriarcl, 11, 1973, April '4 1973 aitd Apt-113, 10,13, Supply you wltI1 11.11)ur an() materials at the requesi of Southwestern Concrete_, Tne. , located at 7,3 0 Rnll.tir Place, La Jolla, California, the contractor employecl by you, in -the c onstructiott cif that certain structure or improvement situated at Overmeyer Rtr svrvoi.., 1 ,9071 TiuntinRrton Ave. , Huntington Reach, California, of which wou are the reputed owner. The Collowing is a statement, in general, torms, .of the api aunt of 1tibm- acid the kinds of niaterial furnished: Date Invoice. No. Amount; Balance Forwarded 2/ H/73 3 12 29 $ 1, 106. 36 $11P 106, 36 3/ !)/73 31051 17. 01 1, 123. 37 4/ 2 73 32102 15. 12 1, 13 8. 49 4/ 3/73 32130 607, 45 1 , 745. 94 rI'lle above-described labor was performed upon and the materials cti'��t•rr 1.180d in the Construction of the abovo-described structure od the request oi' ,S0Llt1l%VeSt(-I'n COnc reV?, Inc. The amount in value of that already furnished is $1, 745, 94, and the. '1111ount in vultle or tale., whole Itl;reed to he furnished is $ 1 , 745. 94. Southwestern Concrete, Inc. , as contractor, promised and agreed to pay die. undersignr(l the sit •.s as appear upon ihe:i.nenbionecl,ii>yq�e�s :vith- in a period of 30 days after the invoices were rendered; the r_ontvactor has paid nothing to vini tnant, le.:ivi ng a hnlai ev now clue of $ 1, 745. 94. You are hereby notified to withhold from Southwestern Concrete, lnc. , the contractor, the suns of $ 1, 7,15. 94. tVim. �.., •�_y f�,.� /^'�•/, w, / nt l)rnr!y for C',,timant Clay Want VERIFICATION ,State of C'aliforma ) County of San Diego ) Oil � C,�.S -t 2� 1473, before Toe, the undersigned, I ' ,•—.Y ,-�:ra J..,-..: .ry e,. •4. .,—� :. w g '� �'r t:r a• r 1�. —.1`cr*T S ►. �_.,,( 'i.. . 1 y�]L►} ���/1 + y1 (.S/M-jWT('(f�� � '�y�y''�' r"./(7 �' j�`(��♦f.,{1y'�, {/; . J j 1., •r�, ,� ly z`(+� . �11'��{l^ }' /C_^ t�� �CT'Qy �T�� •� Vi .� 11'0.^_'r1i�'+-•'y� .:lT .'S rJ .L. 'F i: 'i•wS, �� '•4r.if} •Wir,: i ' .:'.' ;I N,'ut;lr•1• P-mlir in ;111d for .s:iid County wid Suite, personal?;; rLOj)r.;lr•c?(l . A 111.- kno% ii to 1111! to he the 1'r,rsoli whosq. 11,111w is -1lrbsc,ribed to the within instrument and aeknrwledged tint hi- I'\i'f'11tf'Il the S.11111%, 1UI' NE'SS my hand and seal. ;f;StIr '''f ti. ,� 1/ d�r�l t;�► F lblir in and for said E ..rr Ir►►' �� {,lr t 'r �'•'' , � lU X i estate. I „2- MIF od, III III III NJ io;owow NOTICE TO WITHHOLD STV NOYCE TO NOW OF FM fw Yaieri* Furnished Bnd/a taba Performed 10 City of Huntington Beach HOW Of FUM, NOTICE IS Hl"ADY CIWA that the 1sWtniV.0 hu performed tabor and/or fur i2ba materials to tfk contrutor a otter person adt4 by tho WWty of Ibe zntrutor sort!/ar the owner h IN repair, construction at shetation upon the property pmraly described a3 follm: Furnished demolition box and hauled two loads of demolition flea ume Iw bun twnished between the 4 day of April ._____y 19 73 aw tm_17- __0ey d June _ _ 19 73_ A general desuiption of the rotate of the lWw perfom*d ardla materials supplied Is as follows. Furnished demolition box and hauled two loads of demolition away . (plus detmirrage on demolition container) T1ns► naau x rwres of persons to or for Ow tte earns ass performed or fwnished is (m) Joe Hartman — Southwest Concrete The total value of all Jabot to be performed and/or mateials to be ;umistted is t 235 ,50 THE CLAIM OF M IJffnERSIGNED Is for the value of or, nslefik &I topment aCtnelry furnntned W/a for Sarkis and tabor actually pelf xmed for Melt payrrntrlt Ms not been ieceired; *Nch claim 13 S__ 235 . 50 YOU ARE H I RfBY NOTIFIED TO IYITWOLD sufficient money to answer the twelaing claim and any Iien Wt may be fim therefor for record urger Animal 2, Title d, Pawl 3, of the California Coda of Civil Procedure. 1§1190.1 to 1193.1 C.CPJ Rainbow Disposal Company Inc . ri.R.�Tii.+iat L P. 0. Box 1026 IHuntin ton Beach Calif. 92647 t• ass of MiNit (lip STAGE OF wttl:oRNIA 1 C>1uNri OF . Mat de+y errors, dop" ad says, that ho Is the µran who lime! IN Ioloaolns Notice to Withhold; that ho has rod the saws aed tom the cafta t #wt.@( to be ttso of his owe Lrorrtedo, etrwt as to oar wettors a lMnp thN may the+oin iN etstaod on hit isforsurtia NA W10 OW as to thm esetters ad dhw he relims teases to be tyro. 4PF"A41 arm SubXflHd and swan befvt Ina this 20t of of _ Jute` 19 73 ,...' OFFICIAL SEAL •-� ;���, .t . 1p,9.l� MARCIA H. FALCONER G ry is in e�fa mid state. ,,. NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY (ovot) My Co►nmiu.lon Expires April 11, 1976 .ru.r..0 nn•.ra.r.u+.r.urr.rr...ru..r.,sr. AMR NOTIC! TO WiTNNOW WOLCOTYD rWIM 004, REV. V•e• - - -- -'---- - ---�,..----�._._ .__�,._�_..� -....a-_a�..aa..�.��.x+M.u1rw!��..�1,i.+�rl.eSL2.:-'ItlU�ii!�'�1..Y I'LXcMr_lI�•�iV�T''�11►"��aM .`•��. lc' M �� L r STOP NOTICE TO: CITY OF HUNTINGTON HEAC11, Owner NOTICE IS 1IRWR13Y GIVEN that the undersigned did on March 26, 1073 and April 13, 1973, supply you with labor and mat'erialK at the request of Southwestern Concrete, Inc. , located at 730 Bonair Place, La ,Jolla, California, the contractor employed by you in thu construction of that certain structure or improvement situated at Overmeyer Reaervoir, 19071 Huntington Ave. , Huntington Beach, California, of which you are the reputed owner. The following is a statement, in general terms, of the amount of labor and the kinds of material furnished; D. Invoice, Nu. alance Forw:�rded aianc _. 3/26/73 9038 $ 2, 863. 25 $ 2, 663. ?5 4/ 13 f 73 9062 19, 334. 00 210 997. 35 The above-described labor was performed upon and the materials were used in the construction of the above-described structure. at the request of Southwestern Concrete, Inc. The amount in value of that already furnished Is $21, 997. 25, and the amount in value of the whole agreed to be furnished is $21, 097. 25,, Southwestern Concrete, Inc. , an contractor, promised and a,Ireed i to pay the undersigned the sums as appear upon the mentioned invoices within a period of 30 days after the invoices were rendered; the contractor has paid nothing to claimant, leaving a balance now due of $21, 997. 25. You are hereby notified to withhold from Southwestern Concrete, Inc. , the contractor, the sum of $21, 997. 25. Ir �/ t- '�. jgyj t rney for Claimant Clai mantI)L J • `-,mot �� •�!�t State of California ) ss. County of San Diego ) On 0 �, 1973, before me, the undersigned, a Notcry Public in Ad for said County and State, pe,Aonally appeared known to m e to he the ..1.. Mori MGM ale�x MW. 1 1). 41•t•.Kl_ _1!. 1 of the corporation ihp.t executed the within Instrument, known to me to be the person who execu,,ted the within Instrument on behalf of the corporation therein named, a.nd acknowledged to me that such corporation executed the within instrument pursviant to its k-y-InwH or a resolution of its hoard cf directors. 'r a Public in and for said Pt,r,c►�:I1►t►I c. ;_,. �,c .•C4 �►n, unty and St,rte :1 My tam►nls:iJn W.'al FIt-. :Aq 31 Uj/S .+2w i t I I , t i ' — l J0SEPH E. 0 CONNOFq ATTORNEY AT LAW Q� �•'.��"Q �� _u' ' 1� • _+ ► 1 r 4 PosT orrice sex oat+x �. 1681 nos [ c " AN5 �_ In I� 5AN DIEOO,CALIFORNIA 921135 ., 1 Controller, City of Huntington Beach r F. O. Box 180 No. Huntington Beach, California 92648 MAIL CERTIFIED -MAIL m ` R -UUN RECEIPT i E t�.jS7'Eu ftf i roc L�., f r f Ell FIECORDINU REQUESTS Y UIRELL I S SANDBLASTING 6305 Dolbartort St . San Diogo,v&JMAjaPATTO N@meSUMNIT INSURANCE CO , SUM Addre%3 19002 Shell Plaza �sw'Noustonp Texas 77002 J (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MECHANIC'S LIEN The undersivW, TERULLtS SANDBIJASTINf Viol©t D . Terrell , claimant, (Name of person or firm claiming mechanic's lien. Contreciort use name t+xaetiy as it appears on►Ontrxtor's lisonse.i claims a mechank's lien upon the following described reel property: City olHuntingt_on Beach ,County of Orange , Cal�fornie, ov M a nyQlg 190 1 Huntington Beach Ste (General description of property where the work at materials were furnished. A street address is sufficient, but if pussible, user both s teat addren and iNA descriptian,) Tha sum of$ �11_ •OO* * * * * * tagather with inte(nt thereon at the rate of 6% _... (Amount of cls;m due and unpaid.) Nso note on rwerie) percent per annum from 02Z April , 19 .23, Is due claimant(after deducting all just credits and offsets) for (pate when balance became due.) the following work end material furnished by claimant: Sandblast Reservoirsall labor and (I nsart genecal description of the work or materials furnished.) mg-JUria I , Claimant furnished the work and materials at thb request of,or under contract,with, SOUTWESTERN CONCRETE John Burke (Nam@ of person or firm who ordered or contracted for the work or materiels,) The owners and reputed owners of the property mrs: City of MI TINGTON BUCH e (Insert name of ownar of real proparty. This can be obtained from the County Recorder or by checking the building permit application at the Building aepertmant.) Firm Name TEPMLLIS UM BUSTING SEE REVERSE SIDE FOR ( eta instructions on back f or proper signing.) CC%+PI.ETia INS?RUCTIONS Gy: am (Signature of claimant or khorlsed agent.) VERIFICATION 1,t'he undersigned,say: I am the OWYIQr- 4f TERR L .t S BUWTINQ the claimant of the foregolrw ("President 0%"Manager of", "A aartner of","DwnK of",•le.) mechanic's lien; I have rrari acid claim of mechank's lien and know the contents the►sof;the tame is true of my nwn knowledge. I declare under penalty of penury that tho foregoing is truer and iorrect. `7► r Ex@rut@d on ._. , 19 / at� , Cdilornia, , ate of si re. (City where signed.) _,► (Personal tignatur@ of the Individual who Is swearing that the contents of the claim of inechenlct lien are true.) MEC►iANIC,# URN- I0X4 • Rev. 1•77 .. •7. .r. �n-...•,R• ir.}•r..a.J.:.wa�Ay,� d. � � .flw�+'. �� Y�.!v►N •.r i .�,w.1 '✓ rrV F.•M•. rrrY.wwY• M.M.� Y�.L y.WMN1.K�Lt1Y+RI, .�,.�w.�iV�1�JN/Mr..,q._.'• NOW .L. + ,a i 1 _ i# « ... _ _,t• t _. Mf y .o.: .. ....._ _ . ._ 1..+. a. .. w. . i_ _ -��}Y._ _ 7. �. y .- :'4...".d �1 e s i. \ ' CEO NOT RECORD r ` 1 iNFORMATION ABOUT MECHANICS' Lit±ftiS RECORDING INFORMATION A inkhtnic's lien must be recorded within 90 days after :ire com- Tha mechanic's lien must be recorded in 0,@ coutfty wh',re Ire job pletion of Its* work of improvement It a M013 unless the owner rp- is located. Tho current (to (or recording one pege it S3,00,plult$1.00 cords a notice of completion. if a notice of completion is recorded,the for each additional page or fraction thereof. However, this price is mechank's lien must be recorded within 30 days thereafter union the subject to cit:nrgs and should be checked with the County Recorder's. claimant Is a general contractor or specialty contractor who contracted office, since the recorder will not record a dzcumrit unless It is ac- directly with the owrier; in Mich cats the mechanic's lien must be comaanied by the correct f". r recorded within 60 days after thr a tics of completion was recorded. A mechanic's lien explres unlest a foteclosurt suit is filed within 90 days after the lien vvsi recorded, The Mechanic's Lien Law Is frequently INTEREST RAPES amended. 11 you have any question as to procedure,set your attorney. To establish the proper Interest rate to be 6-arged on the unpaid These are the basic time periods. For in sxplenatiun of variations glance look to the contract provisions. I` the contract dots not on these time periods, and a full explarinion of life Mechanic's Lion specify the rate, or if tha contract is oral, the legal rate of Interest is 7% Law,set Chapter 9 of California Canstruction Lew Manuel. per annunl. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signs me: If the claimant is a corporation,an offlecr or managing employee should sign. It the claimant Is a putnv-.- s:lip, a paltnership, a partner or managing employee should sign. II the firm is a sole proprietorship,whether or not doing business undof a fictitious name, thu owner of the huatnern or a managing employee should sign. Ses example; CORPORATiON FOLE PROPRIETORSHIP(Fictitlous Name) Firm NameSON ELECTRICAI CO.,INC. Firm Name SPEEDY ELECTRICAL CO. By PARTNERSHIP SOLE PROPRIETORSHIP(Own Narim Firm Nam Firm Name JOHNSON ELECTRICAL CO. SID JOWJSON ELECTRIC CO. � fly .� By Verification: This is o declaration under ppnalt y of perjury. If it is signed In the State of California,it door not!rave to be notarised. Nnwever, to be valid,the verificitian must contain the data,the city where signed,and the signature. See abcve Inn example. This standard farm covers inost usual problems In the field Indicated. Before you sign, read It.fill In all blanks, find , make changes proper to your transwrtlon. Consult a lawyer If you doubt the form's illness for your purpose. I ' i 41:501'dle ION"� hr'715-. l T i... ) f 5. �. Y':•�JA.♦�C+:.w♦1'.J.../. - a.,:s .:h..:ri•♦V.� :+.u:Ltar,u�.w.yF:�!� w2Yw4 i�wr►.i+wir+cw►wrwsftl�WNswh�VNa�NiHr'u Vr,�{��an o� pis ` u v ►^f 03 August 28, 1973 TO : City Council FROM: City Attorney SUBJECT : Resolution Suspending Contract with Southwestern Concrete Inc . on Overmeyer Reservoir A resolution suspending the contract with Southwestern Concrete Inc. is required pursuant to paragraph 8-1 of the General Requirement terms in the City ' s contract with Southwestern . Southwestern has railed to comply with the requirements of the contract and has totally defaulted in its performance of same . Accordingly , it is necessary to suspend said contract and to authorize the Public Works Department to move ahead towards completion of the job with another contractor. The resolution has now been requested by the Public Works Department . Respectfully submitted, DON P . BONFA City Attorney MHM:er. Attachment i . .,a2m�.r� I :��� � ;t y�T_:SitiZ" ,•.E�X+I r _ j r_h. ., ._.�ry.^'a.'} , � '`��'n�14'i'.b''i.i'�a-�&\aS l� :�f !n1 t`I^ '7fSr sassi�atlN-1'�t ►*^'^`�*(�+'^r -- _ _ _ ._•_. _ ..f_: •:._ _. .. .f .n. ,• e..... c+, :.rnr, i. °:15.,z+.1 rr:_ .J.l..:..;i •.ft'.tPi�,�•..c.1•.] S.:rIa:G�..f,..�t$d?�1e..e..i�!.�..�2;6�i�.i tlf l•1•�l � I?lISr1.iJ ,r•►ND '.'1:151: ': i i. i :.r•11;,: 1 r ►r' ill..'.1�1 Ali' r"y �'ti1�1c• �'cr1.t:. . : . . .......;...��! _:.::_::.I.::::.�..._.-:.....�:1:1.:.�:.t:.�.�.t:�::...;:::.t.:t:::w._`.L_._.._.__--_-- ._r.. .._ 11111�:Ifl t':J'1':lt 1 ..1�•�:l .l' . . 1.31'.►• .,trt(a.J.� •� 1 f/,'1:7__.r',• .___�..•_.r..__ ._ ...-_ w....r.r.r,..__._�..._._ in t(lG State IJ! (:.::��:1111.:. rr ;f:t7rr,)r,:t:c+nii',.':rt•'r!�.,;r;.i,;!1' r'rt�'�ra':. t�•,.�rl 1l{r112Si11'(! i't'It:::, 1.It>1:� ::►:�1)i }:!::1'.: 1TJ 1;',l ,� '11 tLA cert-to tttlln Ui .:;11?.-4.1% ::i.^Ilt S,t::ati'l� l:i t: V Cltl' of..� ::1f:. i.),. �.CZZ: -i!N:1C�� C.;Il:at j (►� --+-a� a�1}Zq _.. .___ -_�r.�.__._., State of C.t.... :Il�l. :1 .. . I r....r... ,l :I. ..a:.:rl r: o7 psoj.,r! cr That t!ll' :1 1:::..{:.t ::1: ; :I:..'i _._..i.;.�•y.:.._...r.;,.i`:.�Ll'..:. ___�.(�:;�..:_-,,:..�::1_I'll {�.1�.1:�..1';.�'__._'_.__ ._- -- .... � __ 1 1~- crctt:al^, or j( :,'. ... :i ; �.'..V \t'(1:r G: "::•1:'1 :.,., t :1 �tCi::::i:) t:,l':l'.f', tii4 :I:I Il :1:(t .3"O. Olatf'::.11% Tat.;2 •a'. 1�. : :�r. .". .^. .M,r...._. _..._.ia !.~ ......•—'r.�.�....._ �.�i0 Pf01.l •01_.,__.. Total l .1'i:,. ,.: ... .. .. ... .... ..: . . :. . 11 ,... .. ., . ... ..........._.....'�� �,I�.t: .�:.1............ ... Crlr<:.t . .....a.. .. , ... .. .,1.• .. .... . .. ..... . . .............................. .. ..... .........._......... a _ AND 1':!l: '.. . _ :. ::.:_. .': .':. :'•1 •.'..:....,,::! t. l:c., .:: {;n: .. ::c':.i l: �•cu On ti:" .. „.,• ths;ri:)r J ? (306.01..-._., ;.s =,r;)•.:.i�c :a .:�..'. M0.1 ...:ci il: .:.: t; . ., . ... ... .,.:... . :il tiu:i)� .ts::..r.:,.:,t 1 1.-J%c: tratorest, r,itw m,,U: !1 latl{c orC:(.,:::.an;: n�1-cw .-Bea ch-Equipm;ul L-13A.ri.tul a (F'irrrt Vr,if,, . : 1• . bi: :'.. :: .l;.l r Vcti cm.rn for Cat:;:-rr:::.a !• 1 ►.l ,1..;. ST,I TI' 0:' ,•r.w, t'l1' 1i : '.1 1 ) CO GF i1S. M.S. 1 •.ill{)• 1%'�.:f l.l;�a�l.•i ..:a. ..:_.S i..:rt ..._.'.1 . .. .• llcinr, No of {can-i. ch- I.ttiurtc+st L pia n t•rt 1 :t (. 7'c: t.1:;lt n.r/• a�.:r...•r it Ifrh .. ,; t.l _ _. ... .. t1:0 Cot; 1:.. :1 1..;.: fy..:1::t �'. ._..r•, - �.1 t tlln."A .11 Ir,.. ,..1 - , ..); .... ._ ._«��,• I:i..f.. ... .. '1 � .. 1 . . ' `� 11 !1' it� t 1 i.•, .. t ...111 , . ..', t: 1; 1 ..l 1 111.11 t1.1' t.,.t. (, ,.1 ..• ,. t:,.l t�J.tl :'•�':1':1:, .1r,� .. .. 1'.1' I . ,t .".I :k .:i 1t. :1,. ... 1. I' slll"(111 4'(1 .1'111 1.. I., I . .. 'c 'I:. _.. . . . _ -. Sultlr r)1' .1 ,r. .l 1., r.l t , 1,.'1a:1' r;a••t—o'. ..4.` ,. (1,1)' d .._ ._._«. _.__ ._. ... ... __.« ., i �. .. 11.1)' • ) 0./t' .0 1 CIIARLOGEt�F II. MANN i N(Itlly P:•,r,:r) • t'It; / NOTAHt' NI![ft lc. • :11 .r..,, .1:I�u�� ; Pti1NCIPA� OIC ICEu NSA i URJIOGE Ci,{I,VTr S'� ttti' l 1•. ,� u. i -. ' 1 • ' ��•.4��•"h46 _�-fyln. .:j'.... r •1 ',_ i . .r a L_ _._, .. .. .. .- _. .. ._ .. •..., ►�••ywr;1,9�1��rT�i}i:Is'7a�ii${ �^1��• ��'� 4JiJ/4i1! ,r'. � .... .,, .,. •�+-..a I�hv ti �1, .. 2fi#nf!ili6(IYlsJ.AliiuleLlNN�./.iiSriY.iZuir.lFr.J.o�i�rsrt.►..wlkat.L�•ro...0 .-r... '•• � . - � .. . -_... -..t _' .. �."=-�•-.-__..., .. y City of Huntington Beach �� P.O. BOX too CALIFORNIA 91640 ENGINEERING DEPARTMENT May 14 , 1973 Frank B. Arguello Finance Director City of Huntington Beach Subject: 0 rm er eservoir Liming C-242 Dear Mr. Arguello: Transmitted herewith is an Invoice and request for progress payment No. 1 from Southwest. Concrete , 4632 Hawley Boulevard, San Diego, California 92116 far work performed on the subject contract. The contract summary, to date , is as follows : MONTHLY PROGRESS ESTIMATE NO. 1 DATED MAY 14 , 1973 Total amount earned $22 , 915 . 83 Retention (10%) 2 , 291 . 58 Amount paid or payable 20 , 624 . 25 Total amount previously paid -0- Amount due under this estimate 20 , 624 . 25 Total contract bid price 44 , 500 . 00 It is recommended that the request be approved and the Finance Department be instructed to prepare a check in the amount of $20 , 624 . 25. Very truly yours , James R . Wheeler Director of Public Wor'-s JRW: DBB : ae e- -t- 'Trans . ' . ezr-ld City Engineer cc : r irtistraticn L,oCity Clerk 1 RESOLUTION NO . 3652 A REi0LUTI04 OF THE CITY COUNCIL OF THr CITY OP HUNTINGTON BEACH AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO AWARD A CONTRACT FOR COR- RECTIVE WORK ON UNIT NO . 3 OF THE OVERMYER RESERVOIR WHEREAS , 'it has been determined that corn.:.cttv,� work on Unit No. 3 0.1' the Overmyer Reservoir Is necessary ; and i Such additional wort: Is estimated to cosy.; approximately !''1 t'L,v 'I' i u., nrld Dollars ( $50 ,OOU ) ; and 1. L LIS ennerltiai that; this repair work be undertaken irn- 1 mediately 'ina::fTIuch av the leakage detected In the system has now reached emergency proE)o;'tions ; and The: Overmyer project involves the extension of* an ex- isting public utility c)Dernt:•e:d by the city , No wit : the city Water- Department; ' :, water distribution :y:, tem , which prcject may , therefore? , pursuant to Section 1211 of the My Charter , I be excepted from the bid requirements t,hevein by an af'firTma- t ive vote of a ma j ol-I ty of the City Council , NOW , THEREFORE , BE :I`i' RESOLVED by the City Council of the City of Huntington Beach that: It does , pursuant to City Charter Section 1211 , ntjLhorine the Department: of Public Works to negotiate , aware) I1nei e'YC'CutC a. contract; for an amount not t;e, (�xeeed Firt;y Theo:, anti Dollars ( $505000 ) to accomplish the ne cen nary corrective work on Unit No . 3 of the Overmyer Res- ervvir, in cit;y ' ;, water distribution system. PASSED AND ADOP'PED by the City Council of the City oi' Hunt:Ington Beach at a vegular meeting thereof held on the 5th day o!' March , 1973 . Mayor i 1 , MM : ahb AT'rSST : APPROVED AS TO FORM. : City C k G ty At Erne 0,Y, ? . - ..�� .,Y•i' ..i:.�•! 'r�i a.��,if;+',[.T.7+:.;:*��;�Sr��JrL1 r71f.1•„^..Yr� :��� .�.'!;�};��Sl��! `l".4� �� � '.+.6tiM..��'�:.lw��, ..'.� No . 3G52 STATE' OF CALIFORNIA 1 r CWNTY OF ORANGE 1 �; CITY OF 11ONTINGTON l3[ ACii 17 PAUL U. JON :S , the dti l ,y e l ec tecl , qualified and acting City Clerk of the City of mint, ington veach , and ey.-- oi'ficio Clerk or the City Council of said City , do hereby certify that the whole number of members of the City Council of the City o[' Huntington Beacb is seven ; that the foregoing resolution was passed and adopted by the affirmative vote of more than a nut,jority of all the members of laic; City Couneii at a regular meeting thereof held on the 5th day of ��� , 19 V, by the following vote : AYES : Councilmen : Shipley, Bartlett, Gibbs , Mati,py, Duke Coen NOES - Counc i lmen : None ABSENT : Counci lrmcn . City Clc: and ufficio Clerk of the City Council of the City of Huntington [leach , California i ti 1 n s �i' � �d�tttt��i;'C�` �r�'�J .��,•�'�'l�r.���r„r,��P,.�SyC91 •�f?'.H :U" s 3 -D'Ylt,:e'Kc'• ���f�!� / ,i'7� _�TS � i�, r r,.1c -- _.w ?�a. �. 1' F C. I If I C A T 10 c S And S 1) E: CIAL PIt0VI S IONS For INSTALLING LEAKPROOF LINING IN OVE:RMYER RESERVOIR UNIT NO. 3 I i Pi*epared by The City of Huntington Peach Director of public Works February 1973 Approved James R. Wheeler Director of Public Works ' r ' � J 111101,0SAI. 'ro 'rNh CITY OF 11UNTTNGT0N REACII INS'rALI.A'rl0N OF LEAKPROOF LINTNG TN OVER- MYEIt RESERVOIR UNI'r. NO. 3 . 'It) the Honorable Mayer and City Council , City tf Huntington bench , California : Pursuant to City Council Resolution 3652 , 1 hereby propose and agree to enter into a contract, t:o perform the work herein described and to furnish the materials therefore according to the plans, specifica- tions and special provisions for the snid work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. For the furnishing of all labor, materials and equipment , and or all incidental work necessary to deliver all the improvements complete In place in strict - onformity with the plans , specifications and special provisions , on file in the office of the Director of Public Works, City of Huntington Beach, California, T propose and agree to take full payment therefore at the following lump sum price, the unit price arcs provided for addition or deletions that are mutually agreed up-on: Approx. Item it Quantity Items with unit-price written in words Unit price Total 1 6,000 I . f. ,Joint sealant instnllation including prep&ration per LF . 87 5 . 22 - 00 230 gal . Joint seninnt (PF'1212) D, ,d jm� per gal . gal . 2 , 116,DO 3 20 gal . Etch/foam (PF 170) per gal . real 137 . 00 G 15 gal . primer OF 1300) 48 per gal . 13 . 35 400-Al 5 Lump Sum Shipping Cost L S 134. 00 6 80,000 sq. ft. Polyurethane coating-installation including surface preparation per sq* f t , • 19 15600,00 7 19600 gal . Coating material (PF 1213-1) per ga 1. 12 . 00 19 , 200. 00 8 Lump Sum Miscellaneous allowance-sales tax (5% of material cost) Performance Bond ( 1% of total P17 Job) , $150.00 electrical (service allowance) _ L S 1a682.-M TOTAL LUMP SUM 44,5 00. 0 ;_ n PROPOSAL INFuh1-.1'Cli)N ItE.011IRED OF 131DUMS r tt2yi, ; 001 1►1 ::rhl,ly ,IlrnwinF; infurmtion. Additional shut may bc Ave, ( � ) Te Ie:phone:T7l.4 4S4---2222 ! '0 'Type Irrn • InJividuaL , partnership. ,r cc:rF:ornti►:n: Corporations (10 Curpo ra t ion o -gan i te►i under this laws of tht- StitL- of w�Stil� fOrni_a ( 5) Contract.or's License Number: �J .152391. _ ` ` �.i : t the natni>5 and addret,ses of all mvmhe1 s of the firm ur nanteS and titles of ff icers the corpo-ation: -.+TO-qr--}1hrA,-ITarf'-,Zuan 402. Haw1ev Sf---,-�dn ULeg=. Cal i 3prfii�CiAiank--- _ R Ise 2- -7,izk. 4 . 4 Ant-h S1 -.,_ Apt-. 1., _.San Diego, Cali {.r___V---Pres . _ Maw Martra_BurRe 730 Bonair P1. La Jolla, Calif. yet ,-'areas• ,7ohn A. I3ttrkQ 73QjjQtkji•r PLLA—3.011a. Ca1� Gan . ldanaQ r F ) Number of years experience as G contrac for in construction work: 26 IN ) 1.1 t , t least, six projects !:nmpleted tts of recent dat.e: ( r;,,nt_rac.t. amt. ! Cl.n:;;; of work) (Date completed) (Name and Address of Owner) $12 , 000 Crystal Silica Co. , P.O. Box 1280, Oceanside, Calif. Epoxy Paint 12/72 $26 , 000 Train Miniature, 81.40 Center St. , La Mesa , Calif. Commercial. Bldg. „11/72 $23 , 000 Rohr Industries Inc . , Foot of 11 St . , Chula Vista, Calif. Epoxy flocr, 12/72� $1800 San Diego bleat Co. 1635 C St. San Diego, 'Calif. Epoxy Floor & Coving 11/7) $4550 bld abt Xeat_CA,-2510 "1evO Uad bt. Nationill Cit,y CiLU f_ Epoxy oor-10/6/2 $4900 S D Gas & Electric , $ilvergate Station Sampson St. S D Cal.. Epoxy Ft . 12/72 l Q) L i� t the nanuv of !.he l,ersoti who Inspected the -; I Le of t;he proE,oned work for your fit•n;t John Burke Dr- te of fnspectiont 1/73 ( 10) If requested by the District, the bidder shall furnish a notarized financial totement , finaric.iul data, or other information and references sufficiently cr,rnprehens1vt to licrnrl. t an appraisal of his current financial condition. Page 2 ��. , PROPOSAL SUB-CONTRACTOP. - LISTING pursuant cc, Aie Govertunent Code 4100, the Prime Contractor, in order for this proposal to be acceptable for consideration shall :urnlsh the name and location of the place of business of each :Tub-contractor who 'Mill perform work or render service on this project in an amount exceeding one half of one percent of the total bids. WORK TO BE PERPORM D SUB-CONTRACTOR SUB-CONTRACTORS ADIXDZSS By submission of this proposal, the contrantor certifieat 1. That he is able to and will perform the balance of all work which is covered in the above sub-contractor listing. 2. That the City will be furnished copies of all sub-contracts centered into and bonds furnished by sub-contractor for this project. Page 3 The undersigned understands the contract time limit allotted for the contract is 'J)ajr y Five- wark_i_nq days • To be extended for each rainy day. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten ( 10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Accompnnying this proposal is Bidders Bond (NOTICE: Insert the words cash, coshier's check, certified check or bidder's bond as the case may be) . Licensed in accordance with an act providing for the registration of contract License No. 152391 c;QUtbUest2r.Xj P.ancxQ.t--g--_ .... ....._._. L Signature of Bidder L/ Business Address 367 Bird Rock Ave. Place of Residence 730 11onair Pl. La Jolla , Calif. Dated this 20 _,_,_ clay of . marcl, 73 Page -4- SECTION I . DESCRIPTION OF WORK The work to be done consists, in general , of cleaning, resealing expansion joints and cleaning and coating the interior surface of the reservoir, except for vertical walls , with polyurethane. SECTION II. SPECIFICATIONS The work done under this contract shall comply with the contractor ', proposal, the material manufacturer 's installation instructions and recommendations and with the Standard Specificati.fins of the State of California, Department of PublicWorks Division of Highways, dated January 1973 , insofar as the smnc may apply, and shall also comply with the following Special Provisions . The term "State .Standard Specifications", which herein after used, shall be interpreted as meaning, and being synonymous with the Standard Specifications of the. State of California, Department of Public Works, Division of Highways , dated Jnnuary 1973. In case of conflict between the specifications , or the State Standard Specifications , and these Special Provisions, the Special Provisions shall take precede See over and be used in lieu of such conflicting portions. SECTION III . CONTRACT DOCUMENTS The work to be done under this contract shall comply with the Improvement Plans , and said plans form a part of the contract documents and are on file in the office of the Director of Public Works . The contract documents shall consist of the following listed items: L . Improvement Plans 1 . Applicable City Standards 3 . Specifications and Special Provisions. 4 . Specified manufacturers details and installation instructions . 5 . All specified or required shop drawings. 6. Proposal. 7 . The contract and/or agreement. 8. The contractor's bonds and insurance certificates. 9 . Certification - material and workmanship guarantee by Poly Form Corp. SECTION IV . TESTING - MATERIALS The testing of r•ny materials or of any portion of the ,fob under construction shall be at the optinn of the Director of Public Works or his authorized agents. The contractor shall furnishp without charge, any materials requested for testing in accordance with Section 6 of the State Standard Specifications. The contractor shall also, provide access to any area of the ,fob for testing purposes and shall furnish, without cost, any assistance necessary to perform the testing. The charges for the testing will be paid for by the city of Huntington Beach. The contractor shall notify the Director of Public Works of the readiness of any phase of any construction to be tented and shall not proceed with any subsequent phase of wozk until the results of the test are known and approved. The testing ahaLl be performed by a qualified and State licensed private laboratory. Selection of the laboratory shall be made by the Director of Public Works . Page 5 SECTION V. INSPECTION The contractor shall recognize the Director of Public Works of the ciiy of Huntington Bench as the project engineer who shall 'be in chrrge of and authorize.' the inspection of the project . The contractor shrill provicle access at all times to any area of the project for inspection purposes and shall. furnish, without cost , dny assistance necessary to complete required inspec- tions. A 48-hour notice. -shall be given prior to commencing the project , and during construction the contractor shall give due notice , satisfactory to the inspector, o: the readiness of any phase of construction to be inspected and shall not proceed without approval . Additional inspection shall he provided by Poly Form Cuatings and Chemical Corporation, suppliers of the polyurethane joint sealant snd coating material and coripiia..nce with their recommendations shall be P-ide in order that they may guarantee the entire job both as to workmanship and material . SECTION VI . CONSTRUCTION DETAILS ANT) SPECIAL INSTRUCTIONS A. Sealing Expansion Joints - The con'ractor shall. remove existing joint material as necessary, saw to a depth and width of approximately 3/4 inch, sandblast to remove the remaining adhesive materiel . When the joints have been prepared such that the material manufarturei and the City inspector feel a good bond can be achieved, the joints will be primed and filled. the material approved for this is Poly Form PF 1300 Primer to be brushed onto the vertical walls of each joint--allowing two hours minimum drying Lime. Fill the joints , level full , with Poly Foria PF 1212 Pomable Sealer , poured into the horizontal joints and PF 1212 Non-Sag Joint Sealer injected Into the sloped and vertical joints. Any cracks that ave structural in nature (assumed to open and close with changes in temperature or pressure) will be treated as expansion Joints. If their alignment is too irreg»lar to permit saw cutting they may be chipped to th-i approximate 3/4" width and depth instead. The joint at the base of the vertical wall shall be cleaned by chipping and/or sandblasting such that all existing adhesive material is removed 1" up and 1" out from the cr-tek, then a radius of poly form material shall be placed therein. The total lineal feet of all type of joint is estimated to be 6,000 lineal feet . B. Cuating the Surfaces of the Reservoir - When join!, sealing has progressed sufficient)-, that clet,ning operations and dust therefrom will not interfere , all gunited slabs shall be cleaned to the satisfaction of the City inspector and to the representative of Poly Form, such that a bond will be made between the concrete and the coating resulting in a leak proof reservoir through the duration of guarantee period. If stiff push-broom and vacuuming yields this result no other action need be taken, but if special work and/or priming and/or etching is recommended by Poly Form it will be provided at no addi- tional cast to the City. When the surfaces to be coated are properly prepared, a minimum thickness of 40 mils polyurethane shall be applied. This material shall be Poly Form PF 1213-1, clirc4in color and areas adjacent to the handrail shall be given a non-skid treatment. The area to be coated is estimated approximately 80,000 square feet and includes the reservoir bottom, slopes and shelves and a distance of one (1) foot up from the shelves on the vertical walls. The remainder of the ver- tical walls are not included, and if during testing,it beccxnes apparent that the vertical walls must be coated additional compensation will be made,proportional to area covered plus a reasonable allowance for scaffoLding and move-'in charges. Page 6 4 . M . .lip No 1 14 .. y . OW ' .. M� }I'•...rw.tr..W-a ,.`.+..r,.qt t'y }'MwNI"►t.rr ..h t.,r.w... ♦.. e..lrll�. ! r1t!1T.7. .. . 7�IG The resulting coating shall have the physical properties described in the manufacturer' s brochures and shall be free of bubbles or blisters or any other obvious defects and shall be well bonded to tl!e concrete . Special care must be given to seal the coating to existing expans "n joints in the vertical walls. These joints have neoprene water stop at mid- depth thru the wa 11 and It knay be necessary to route out concrete to a width of 3/4" to 1" to place joint sealant into direct contact with this neoprene seal . The dlstan_:e thus scaled shall be from bottom of the vertical wall to one ( 1) :foot up. At the contractors option (subject to manufacturer' s recom- mendation) this vertical joint may be sealed at the surface of the wall to the full height of the reservoir. SECTION VII . ITEMS FURNISHED BY CITY The city of Huntington Beach will furnish at no cost to the contractor 220 volt and 110 volt electrical power , but electrical cord Mid outlet boxes will not be provided. The City will provide reasonable availability of the Water Department boom truck, Pitman Ilydrol'Aft Mod. HL-70B-PF, including an operator, to put equipment and material into the reservoir. The lifting capacity of this unit is 1,600 lbs . at 45° (22 ' extension measured horizontally) . SECTIOW VIII . SAFETY Appropriate first aid facilities and supplies shall be kept at the site of the work, and the contractor, shall provide and maintain all measures required by the Construction Safety Orders issued by the Division of Industrial Safety of the State of California. SECTION IX. PROTECTION OF WORK AND PROPERTY Existing improvements (not indicated to be removed) belong to the reservoir at or near the site shall be protected against damage. Improvements that are accidentally damaged or necessarily damaged shall be replaced with Llic same ;material as soon as practicable or upon completion of the work. Any surface not to be coated shall be well protected against possible defacement. Any uverspray, spillage, spatter spots and any misplaced material shall be cleaned and restored to the original appearance. X. CHANGES IN THE WORK The Contractor shall, when requested by the Engineer, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that may be ordered. If in the opinion of the Contractor any inatr4c- tiona , or changes of any description issued by the Engineer involve extra cost above the contract price, he shall immediately give written notice to that: effect before proceeding with the work involved. The execution of work without prior submission of such written notice shall constitute Contractor acceptance of the work as being within the contract price. xl. USE OF PREMISES AND CLEANING The Contractor shall mnintain the entire premises under lei:= control In an orderly condition. lie shall store his apparatus , materials, supplies and equipment in ;,uch it manner as will not interfere with the progress of his work or the work of others . He shall not permit any load or stress to be placed upon any part of the permanent work which will endanger the safety or strength of said work. He shall frequently clean up all refuse , rubbish, scrap materials and debris caused by his operation or by the operations of anyone under his direction, so that the site shall continuously present a neat , orderly tnd workmanlike appearance. Before leakage testing, he shall remove all surplus material , false-work, temporary structures , plants of any description end debris of every nature resulting from his operations , and to put the site in n neat, orderly* condi- tion; to thoroughly dean and leave reasonable dust free all surfaces inside the reservoir. Just prior to filling, the reservoir shall be hosed down with water, and this water shnll be pumped out of the sump. SECTION X1I . LEAKAGE TEST O1. MEMBRANE As soon as all lining work is completed, the Contractor shail clean up the reservoir and notify the Engineer in writing stating when the reservoir can be filled without ndverse effect to the newly installed liner . The reservoir will be filled to 6" up on the vertical walls and the drop of water level measured while the inlet and outlet valves are closed . Observational will be made after 72 hours and readings recorded as often as required. 'Permissible drop in water level due to absorption, and leakage she}.1 he k inch per week. If drop in level exceeds k inch per week, Contractor shall be responsible to rc!ctify the excessive leakage including checking, detecting the location of the leak and patching up all weak spots, seams and pin holes to complete water tightness . The aeservoir will be filled and tested as before acceptance and the drop in water level of the final test shall be no more than k inch in Seven ( 7) days . The cost of labor and time, if needed, for the third and subsequent. tests shrill be borne by the Contractor and shall be deducted fram the final payment . The City reserves the right to carry out inspection rind/or leakage tests of the reservoir after the line: has been put to service. Such tests shall be made as often as it is desirable to determine the leakage or the condition of the liner whether there are blisters, pin holes, deteriorations , etc., If during the guaranteed period, leakage is beyond the aforesaid limit, tho guarantor shall be responsible to locate the defective areas and to reconstruct that part of liner surfaces at no cost to the City. As soon as he is called upon to do so, he shall immediately carry out and complete the necessary checking and repair works within seven (7) caland.ar days in every occasion. Excepted from the guarantee will be destructions caused by acts of God or by acts of the City, or by acts of public enemy, or by acts of vandals, or by results of major disaster , or structural failure. Page 8 ..—.......,..,,.. ........... ,a. ....•;�-ww••.•.�!"•♦ • i-} ""':T.. WMA, �:"' !... �.. .!T���?.lf�i'.�-n�±1.► .',I''°""•"tY! y., !� .r... ..�. ., �� F �; sR �" 6; .1 `r a f'( t + +s�''i�+ ,a�t►" i�• "' -iFx:c 1:t•`�i�i';, �',�fic�F IVl " J�' t�k�ii .1� ` ':+I���MMI M, ".