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TOM DOWNEY CONSTRUCTION - 1984-02-21 (2)
T CITY OF HUNTINGTON BEACH LOINTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To : Distribution From : Les G. Eva City Engineer Subject B= TOP LANDSCAPE PR0.7=; OC-645 Date : March 25, 1986 Attached, for your file, is a copy.of a Stop Notice Release fmm Cal-West Electric against Tbm Dcwney Contractors, Incorporated. Please contact Don Noble if you have any questions or concerns. Thanks. LGE:DN:ik distribution: , WawKe Lee, Acmunting Office cia Wentworth, City Clerk File CC-645, "Stop Notices" Ab - CITY OF HUNTINGTON BEACH RECEIVED MAR 6 RELEASE OF STOP NOTICE TO: CITY OF HUNTINGTON BEACH I M"' 2T�.,� lam..::"-Lc• j� is��ir �C`Attention: City Clerk31i��g6 2000 Main Street Huntington Beach, California 92648 The undersigned hereby withdraws and releases the Stop Notice filed on February 25 , 19 80" , with the above-named public entity against ^om Downey Contractors, Inc . _ in the amount of $ 4 , 382 • 63 for labor, services , equipment and/or material furnished in connection with the original contract, numbered CC- 645 [Bluff Top] , for the performance of the public work of imporvenrent described in the contract between the public entity and Tom Downey Contractor,, Inc . the prime contractor . A copy of the contract is on file with the City Clerk. The undersigned also hereby releases the CITY OF HUNTINGTON BEACH, and its subdivisions , officers , employees and agents, from any and all duties under Section 3186 of the California Civil Code to withhold money or bonds in response to the above-mentioned .Stop Notice, and waives any and all rights of action against them that might accrue thereunder. DATED: 19 ° Name of Clai ant: If" corpora ion, signature of Cal-West Elec` V'J1 —c e.q en or r President Secret ry Chi ancial Offic r Address : 2�91 S. Grand Ave . Santo, Any -California 92705 _ 16341 pop RECORDING REQUESTED BY R E C E I V E D rater. Or PLI' .V: AND WHEN RECORDED MAIL TO r —� SEP 18 1985 NAME STREET ADDRESS HIJIa{TY Q=h1 BOAC b QkQFr. CITY, STATE ZIP I L ..I SPACE ABOVE THIS LINE FOR RECORDER'S USE � tr� �yZ1, a w �" FULL RELEASE OF ALL CLAIMS �w C. c. r �- of City of Huntington Beach County of Orange State of California ,for and in consideration of the sum of Seven Hundred Seventy Dollars 00/100** ($770 . 00) Dollars, paid to American Demolition, Inc . of City of Santa Ana . County of Orange state of California receipt of which is hereby acknowledged, do-hereby release(s)and forever discharge(s) Tom-Downey Contractor , Inc . and —h heirs, executors, administrators, assigns and successors in interest of and from any and all claims, demands, damages, causes of action,and debts whatsoever,in law or in equity,which now has(have),or may hereafter have,whether known, unknown or suspected,for,upon,or by reason of any matter,cause,or thing whatsoever. This is intended as a full and complete release of any and all claims as hereinabove described. No claim whatsoever is reserved, and American Demolition, Inc . does hereby expressly waive any and all rights_h may have under the provisions of Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This Release is binding upon the undersigned, _h heirs, executors, administrators, assigns and successors in interest. IN WITNESS WHEREOF,the undersigned has(have)executed this Release of All Claims this 11 t h day of September , 1985. A i n Demolition, Inc . ohn M . Moore, Vice President STATE OF CALIFORNIA COUNTY OF Orange SS. On this 11th day of Sept . , In the year 19 85before me, the undersigned, a Notary Public in and for said State, personally appeared John M . Moore personally known to me(or proved to me on the basis of satisfactory evidence)to be the person—whose name_ subscribed to the within instrument, and acknowledged to me that_he executed it. WITNESS my hand and official seal. OFFICIAL SEAL J. 0. LEINEN NOTARY PUBLIC•CALIFORNIA i PRINCIPAL OFFICE IN A�1� ORANGE COUNTY IdY C:.MM155I+7N ExPiRES MAY 25. 1987 Notary Public In and for said State. RELEASE OF ALL DEMANDS This standard form is intended for the typical situations anoauntered In the field indicated.However,before you sign,read it,lill In all blanks,and make WOLCOTTS FORM 1470—Rev-8-02 whatever changes are appropriate and necessary to your particular transaction.Consull a lawyer 11 you doubt the torm's fitness for your purpose and use. c@1982 woLCOTTS,INC. Release of Stop Notice :_:y.;_ TO: City of Huntington Beach Con mtction t aadm for pwq IO Stop Notice am liW@4 2000 Main - Street , Huntington Beach , CA 92649 w �r Adatiws t :^ You ate Hereby nut.ifiad that the uttwntytwt daiutant raiwlsas ibat certain Swp Noiiw dated November 16 , 1984 26 069 . 39 = in the amount of Savian + City of Huntington Beach asownwor public body and Tom Downey Contractor, Inc. _— as prime contract ewnttet: 'an+frith the work of improvement known w , Bluff Top S t ab i 1 s z a t i n n Proj t CC645 P H & Goldenwest , Huntington Beach California In the CAtyof Huntington Beach , County of Orange + State of California. DaR+e July 25 , 1985 Numof(Uhuant Asahi Landscape Par ner /oAtcw�Ired4y Vwdk adm tar PwummW*w Vwdk*d=for CarpttiYla Sob Own.0 SPATE OF CALtFORMA STATE OF CAUFORN14 CXK1NTY OF Orange 3L COUNTY or SL Guy Kasai - f Cbhmw or RgwwwM wwj larbraa of Rq Ott flirt dab swan daponrs am an tbs -- w is bakig tint daly worn dsposss gad am tint—Us i __ Partner prwR.lruw or Agaw r f 4PNOil ai Asahi Landscape of r fDOW maw WOW as dtiaam in f dolm. da"he las tear o upwadoa that saaatoW On fonpoip drier; dm--b - ��and di s�of,gal flat On b tits�iotim as 6aialf ad m ttu rr.d geld sisio gad karawa fir oortessfa�aai lint tie bAs tMtaia staled as� . X X of A1Nary h ��al IA�r* Sarsatiaa gad.war.to b.�ar...tits - 5�" srlisssl�a d gad wait.to Ustar so d a I$1A day of Saw SLMP , OFFICIAL$FAL Ann M. Horiuchi •sy Notary PubciC-CalHornia Pr nc+pal OH{cB In Grange County My Comm. Exp. ,tune 17. 1987 9109"FOttM 5 tteM a , RECEIVED 13UNTlk�r TY Fin Release of Stop Notice jo,00 � rACH,CALIF. JUN 19 3 5i Q,S 1y . i I TO: City of Hubtin ton Reach ' Construction Lender (or party with whom Stop Notice was filed) 2000 Main Street-Huntington Beach, Ca. 92648 Address r You are hereby notified that the undersigned claimant releases that certain Stop Notice dated AuFust -8. 1284 in the amount of S 2000,00 against Toil Doir_mey Contractor Inc. as owner or public body and as prime contractor in connection with the work of improvement known as • Rl if `?bra CC64 Oil Mix in the City of — Huntington Beach , County of Cram' State of California. Date LLIne 13. a Name of(laimant Soil Stabilization 'Zixing, Tnn. _ - m N�a ref - Pro 0-N-t (offal Capacity/ - - Verification for Partnership or Verlfiatlon for Corporation Sole Ownership STATE OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF S.S. COUNTY OF SS. Richard L. DeGrafferreid i (Mimant or Representatiye) (Qaimant or Representative) being tit duly sworn deposes and says that—he is beirm rust duly sworn deposes and says that,he is. x — President (Owner,Partner or Agent) (Official C3apadty) of of , Soil Stabilization Mixing. Inc. (Firm Name) (Exact Corporate Name) going claim; thak__he has the corporation that executed the foregoing shim; that—he famed as claimant in the fore read said claim and knows the contents thereof, and that the makes this verification on behalf of said corppooration;that.�be facts therein stated are true. has read said claim and knowtl�c contents the,wf,and that the facts thtrt:in stet are true. (Signature of Affiant) (Signature of Afffant) Subscribed anS-sworn to before me this Subscribed and sworn to before me this_1—7th day of ,14 day of. June (Signature of Notary Public) mtrsorunofNau"MAW Notary Notary i QFFICIAL SEAL ,a`aamp Stamp FRANK FAWCETT NOTARY PUBUC-CAUFORN:A SAN BERNARDINO COUNFY ; My Comm.Expires F.ts.18,1990 , Rur)CA r(-7f+k.4 5 f19751 kk\\M N IV RECEj" vg-; } >' � �-- Dt;pr. of Prmrj=_,_�_ .A, STOP NOTICE r C MAY 2 81985 NOTICE TO WITHHOLD TO HOLDER OF FINDS '*JWWMT0f1 arm ckIrr Issi Z�h<' TO: City of Huntington Beach, Attn : Public Works, P ,O . Box 190 Huntington Beach, CRame of o*ne,, construction lender or public officer) 92648 Attn: Mr . Don Noble HOLDER OF FUNDS. (Address of corner cr construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, American Demolition, Inc . __ 620 Poinsettia, .Santa Ana, Ca 92701 (Name and address) has furnished or has agreed to furnish services (labor,services,equipment,materials) of the following kind demolition , (general description of labor, services,equipment or materials) to or for _Tom- Downey Contractor., Inc . ,for the work improvement,located at,or known as: (name of person to or for whom furnished) Bluff Top Stablization, Pro1ec CC645, CH and Golden West, Huntington Bea( (address, legal description, ascription of si proiect identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 7700 . 00 The amount in value of that already done or furnished by claimant is $ 7700 . 00 Claimant has been paid the sum of $ 6930 . 00 ,^, and there remains due and unpaid the sum of $ 770 On plus interest thereon at the rate of per cent per annum frorr. 4-23-84 , 19 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: May 22, 1985 American Demolition, Inc . Name of Claimant 620 Poinsettia 701 Address of Claimant STATE OF CALIFORNIA COUNTY OF Orange ss. John M , Moore _ ,being duly sworn,deposes and says: That �he is the person(s) who signed the foregoing Stop Notice,that_he has read the same and knows the contents thereof to be true of h__13own knowledge, except as to any matters or things that may therein be stated on h1..s_ information and belief and as to those matters and things _he believes them to be true. o n M . Moore, Vice President Subscribed and sworn to before me this 1;13 day of , 19 J. O. ILEINIEW NOTARY PUBLIC•CAUFORNIA PRINCIPAL OFFICE IN Notary Public and in and for said State ORANGE —LINTY FMYCOMMISSION EXPIRES MAY 2%1W 'Ibis standard form covers most usual psobt®e In the Bald lndlcated. Before you sly read ft. fill to all blank*, YTOP NOTICE and make ehanvas proper to your transaction. Consult a lawyer if you doubt the forms Slaws for your purpose WOLCOTT@ FORM 894—Ray. 2.73 \\\\// �\\EAMMM PON 0. STOP NOTICE A NOTICE TO WITHHOLD TO HOLDER OF FUNDS S7� TO: CITY CE M1NTINr.T0W BEACH (Name of owner, construction lender or public officer) 2000 )'FAIN ST. I. HUNTINGTON BEACH HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, ROBLES HY-RA.n1 & BACKHOE SMVICE , INC. , PeO BOX 915 NORCO CA. 91760 (Name and address) has furnished or has agreed to furnish 750 PROD BACKHOE (labor,services,equipment,materials) of the following kind H07PAC & BACKHOE (general description of labor,services,equipment or materials) to or for TOP' T`0.-J'NEY CONTRACTOR INC. state lic. # 2708# r the work improvement,located at,or known as: (name of person to or for whom furnished) PACIFIC COAST HWY , HUNTINGTON BEACH CAS CONTRACT # 645 21 FT. ST. & PACIFIC COAST H(fdress, legal description,description of site or project identification) HUNLIN&TON BELACH , CA. 92648 The amount in value of the whole agreed to be done or furnished by claimant is$ The amount in value of that already done or furnished by claimant is $ Claimant has been paid the sum of $ . and there remains due and unpaid the sum of $2,470,00 plus interest thereon at the rate of per cent per annum from , 19 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS C M WITH INTEREST. Dated: MAY 14 3,98'j x W P RT.TP Name of Claimant P.O. BOX 915 NORCO CA. 91760 Address of Claimant STATE OF CALIFORNIA COUNTY OF Riverside ss. Joe Robles Jr ,being duly sworn,deposes and says: That —he is the person(s) who signed the foregoing Stop Notice;that,he has read the same and knows the contents thereof to be true of h-Ls- own knowledge, except as to any matters or things that may therein stated on h L S information and belief and as to those matters and things —he believes them to be true. oe lMo I es Jr. '�- Subscribed and sworn to before me th.It 14th day ofMay 85 — 19 CFF[OIAL SEAT. Notary Public and in and for acid State _ PATRICCiA R. BROCK NOTARY PUBLIC-CALIFORNIA s RIVERSME COUNTY x my Comm. Expires Sept. 17, 1985 72ds stondsrd form coves mast umal problems fn the Bard lndlcated. Before C � read 11, RU m all blaalm. STOP NOTICE and make cN ogm proper to your vaoractlon• Caorult a lawyer if you doubt the farm a a'. for Your purpose. WOLCOTTIB FORM 0104—R[v. 1-7a (pnceclau3) 1111M % /n/m/mmo"FAMS STOP NOTICE NOTICE TO WJ1JV,@ HOLDER OF FONDS �( CITY OF SON ft",GA161 HO(`tTlta TO: City of Huntington BeAR D Att—A irPlis Works Attn: Mr. Don Noble (Name of owner, construction fender or public officer) P.O. Box 190, Huntington Beach, CA 92648 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, American Demolition, Inc. (Name and address) has furnished or has agreed to furnish Services (labor,services, equipment, materials) of the following kind (general description of labor, services, equipment or materials) to or for demolition ,for the work improvement,located at,or known as: (name of person to or for whom furnished) Bluff Top Stablization Project CC645 - Pacific Coast Hwy. & Golden West (address, legal description, description of site or project identification) Huntington Beach, CA The amount in value of the whole agreed to be done or furnished by claimant is$ 7 , 7 0 0 . 0 0**The amount in value of that already done or furnished by claimant is $ 7 , 7 0 0 . 0 0** Claimant has been paid the sum of $_6 , 930 . 00 , and there remains due and unpaid the sum of E 7 7 0 . 0 0 plus interest thereon at the rate of 77%per cent per annum from July 31 , 1984 19 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: March 29 , 1985 American Demolition, Inc. Name of Claimant 620 Poinsettia, Santa Ana, CA 92701 Address of Claimant STATE OF CALIFORNIA COUNTY OF Orange ss. John M. Moore _ ,being duly sworn,deposes and says: That —he is the person(s) who signed the foregoing Stop Notice;that—he has read the same and knows the contents thereof to be true of h L q'own knowledge, except as to any matters or things that may therein be stated on ln 1 s information and belief and as to those matters and things —he believes them to be true. Subscribed and sworn to before me Of this l T— da el I OFFICIAL SEAL y , 19� 10. LEINEN VOTARY PUBLIC•CALIFO M PRINCIPAL OFFICE IN ORANGE COUNTY otary Pub and in and for said State 40 MY C13MMISNON E><PIREE MAY X6 my 7%h rtamdard form covers mwt usmal yrobiew fist tha Bald Indicated.Berme you slant Brad ft. fill to allblanlu. aTOP NOTICE and mare changes Prober to your transaction. Comult a lawyer U you doubt the Forms fitness for Four yurpow WOLCOTT8 FORM Olio—Ray. 2.73 _ � -COORDD08UPOL REQUESTED UESTEDBY C WHEN B 8CH CC-6.45 1 ' EXEMPT RECORDED IN OFFICIAL RECORDS LATY OF HUN_ lINGTON BEACH C15 OF ORANGE COUNTY CALIFORNIA Office of the City Clerk P. 0. Box 190 -1 flo PM MAY 9'85 Huniinv_tun Beach. Calif. 926AF NOTICE OF COMPLETION c � • . REGOUNTV COAaECOREW 4 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Tom Downey Contractor, Inc. 2364 Burnham Road, Ojai , California, 93023 who was the company thereon for doing the following work to-wit: Blufftop Landscape Improvements - Phase II That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 6, 1985 That upon said contract the Fairmont Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 7th day of May 1985 . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 7th day of May 1985 This document is solely for the official business of the City ` of Huntington Reach. as contem- plated anger Government Code City Clerk and ex-of icio_Clerk Sec. 6103 and should be recorded of the City Council of the City of Huntington Beach, California l+ree of charge. RECORDING URE UEESSTTED BY �' HENORE�ORD ��'IA LB CH P 8rj _1s$42 CC-645 CORDED 01 OFFICIAL RECOR09 GI fY OF HUNTINGTON BEACH OF ORANGE COUNTY CALIFORNIA Office of the City Clerk EXEMPT C . P. 0. Box 190 oo PM MAY 9'8 5 © �tuntington Beach, Calif. 92F;4A V O GUIJNTV NOTICE OF COMPLETION -�' � - RECORDER CI OTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of o ;he City of Huntington Beach, California to Tom Downey Contractor, Inc. o 2364 Burnham Road, Ojai , California, 93023 o 4;, U O who was the company thereon for doing the following work to-wit: Blufftop Landscape Improvements - Phase II . That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 6, 1985 That upon said contract the Fairmont Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, thi.s 7th day of May 1985 , oe City Clerk and ex-officio Cler -- of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officin Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 7th day of May , 1985 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-of icio Clerk Sec. 6103 and should be recorded of the City Council of the City pree or charge. of Huntington Beach, California _ s REQUE* FOR CITY COUNCID ACTION April 18, 1985 Date Submitted to: Honorable Mayor and City Council APPROVED T,Y GI'fl Submitted by: Charles W. Thompson, City Administrator ..w-19� Prepared by: Paul E. Cook, Director of Public Works � ' �..�...� ---- , CITY 'vl$ Subject: Bluff Top Landscape Project - Phase II; CC 645 Consistent with Council Policy? [A Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: T Tom Downey Contractor, Inc. has completed construction of the Bluff Top Landscaping Project-Phase II. RECOMMENDATION: Accept the improvements and authorize the City Clerk to file the Notice of Completion. ANALYSIS: On February 21, 1984, the City Council awarded a contract to Tom Downey Contractor Inc. for Phase 1I of the Bluff Top Park project. The Contractor completed the work on October 14, 1984. During the past six months the City and the Contractor have not been able to reach agreement on a number of items including liquidated damages and the repair of damaged improvements. Furthermore, the Contractor has submitted some claims for extra work and time extensions which are unfounded. In addition, a number of Stop Notices have been filed by sub-contractors and suppliers against any funds held by the City that are due the Contractor. Final payment has not been made to the Contractor and will be retained by the City due to stop notice claims. However, the work is complete and a legal notice should be filed; therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs to date: Project Expenditures to Date _Council Approved Expenditures to Date Original Contract Amount 346,270.00 317,796.95 Constrtuction Contingencies approved & paid 17,313.00 5,714.0'0(1) Unpaid Approved Construction Contingencies -0- 48,109.71(2) Pending Liquidated Damages -0- 34,627.00{3} 363,583.00 $336,993.16 (1) Location of new stairway at 14th Street was changed to avoid costly removal of existing palm trees. New location required additional steps because of increased height of bluff. (2) Although additional construction contingencies are complete, the Contractor will not be paid for the work until outstanding "Stop Notices" have been resolved. (3) In accordance with the Variable Compensation Schedule, the Contractor is tentatively being assessed a 10% penalty for not completing the construction activities on time. Normally, staff would not recommend Council acceptance of a project until all the contract issues are resolved; however, it may be some time before these matters are resolved. PI O 4/84 r FUNDING SOURCE: Community.DevelopmenE Block Grant Program (i.e. Jobs Bill Allocation): $353,910.00 Coastal Conservancy Funds: 24,300.00 Aminoil & Chevron Landscape Fees 20,000.00 $398,210.00(4) (4) It was originally anticipated that the Contractor would finish the construction ahead of schedule and be entitled to a bonus per the Variable Compensation Schedule of the written contract; therefore, monies beyond the contract figure of $346,270.00 were'budgeted. ALTERNATIVE ACTIONS: 1. Reject acceptance of project until the issues of unpaid construction contingencies and liquidated damages are resolved. CWT:PEC:DRN.jy 0402g Release . of Stop Notice �s .Cd''F TO: City of Huntington Beach Public Works Engineering Department Construction Lender (or party with whom Stop Notice was flied) P.O. Box 190 Huntington Beach , CA 92648 Address Attn . Don Noble , Contract Coodinator You are hereby notified that the undersigned claimant releases that certain Stop Notice dated_10—16—85 in the amount of$ 4a35. 00 against City of Huntin ton Beach as owner or public body and — Tom--Downey Construction as prime contractor in connection with the work of improvement known as • B Front Pacific Coast Highway and Golden West Huntington Beach, CA . in the City of Huntington Beach _ , County of - Orange — State of California. Date 4-�85 Name of Claimant ,ZnrnPnt. Zo2pQration (Fir ame) B (Official Verification for Partnership or ification MCoration Sole Ownership STATE OF CALIFORNIA STATE OF CALIFORNIA } COUNTY OF SS. OF 1 SS. (Clatmant or Representative) Claimanf or presentative) being first duly sworn deposes and says that he is being first y orn d poses and says that__._he is (Owner,Partner or Agent) (Official Capacity) Of of (Firm Name) gExacf Corporate Name) named as claimant in the foregei�g claim; that--he-has the eorgor��'laimti:nd t executed oregotag claim; that,.�lte read said claim and knows the contents thereof, and that the makes thison on be o said corporation;that..Elie facts therein stgted are true. s rea kno the contents thereof,and flipt the cts t ate true X 2s - (Signature of Affiant) — tare o t) / — Subscribed and sworn to before me this Su ibad a swo to befo me dory of ,19 of ,19 (S&atwe of Notary Pkbllc) / of Notary pub Notary Notary Stamp Stamp APPROVED AS TO FORbI:' -•-��� c� :' c?:;:. SEAL C t�y GAIL H[1TTON, AttprA®Y ",.: ..! rd r duty City :• :-� ; �zNIA tzi i:...f..dl _.... D T�!Lna I+Y O pl;�.TY Nly Cprn,^,ti:=; Ci,�:rcaL Cacamber 26. 1986 SMDCA FORM 6(1976) l tr o f//!1//n\\\\\\�v///A\\ �///////��\\\\\\v////////� \\"� 110 STOP NOTICEs(IN G�q,�O �aQ'., W�RKg Ht.� �,� NOTICE TO WITHHOLD TO BOLDER OF FUNDS R / 0 9 a-: �s:� 017985 1 TO: City of Huntington Beach {Name of owner, construction lender or public officer) 2000 Main St . Huntington Beach, CA 92648 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Cal—West Electric 2295 S. Grand Ave . Santa Ana, CA 92705 (Name and address) has furnished or has agreed to furnish All labor, materials and equipment (labor,services, equipment, materials) of the following kind For a complete electrical system per plans and specs .- , (general description of labor,services,equipment or materials) to or for Tom Downey Contractors , Inc . for the work improvement,located at,or known as: (name of person to or for whom furnished) Bluff Top Project Pacific Coast Hwy. & 19th St . Huntington_ Bch (address, legal description,description of site or project identification) CA, 92648 The amount in value of the whole agreed to be done or furnished by claimant is$ 4 , 3 8 2 . 6 3 The amount in value of that already done or furnished by claimant is $ 4 , 3 8 2 . 6 3 Claimant has been paid the sum of $ —0— and there remains due and unpaid the sum of $4 , 3 8 2 . 6 3 plus interest thereon at the rate of 10 per cent per annum from October 10 1984 , lg YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated. February 25 , 1985 Cal—West Electric Name of Claimant 2295 S. Grand Ave. Santa Ana, CA Address of Claimant 92705 STATE OF CALIFORNIA COUNTY OF ORANGE ss. Dan Guzman — -- _ being duly sworn,deposes and says: That —he is the personts) who signed the foregoing Stop Notice;that_he has read the same and knows the contents thereof to be true of his own knowledge, except as to any matters or things that may therein be stated on h I a information and belief and as to those matters and things —he believes them to be true. -Dan Guzman Subscribed and sworn to before me OFFICIAL SZAL this 25th day of February ;19 SUSAN S. RUSSELL NOTARY PUSUC-CAUFORN1A ORANGE COUNTY NI ry Public and in and for said State E49P:My Comm.[xptres June 1 a,1988 Susan S. Russell Thh standard form craven two umd problem to dw field Indicated.Before you road It. fiD In aD Manta. ■TOP NOTICK and make changes proper to your transaction. Consult a lawyer if you doubt the Formsly s fimeas for your Duryass. WOLCOrrE FOAM noA—Rsv. 9.79 ASARO & KEAGY ATTORNEYS AT LAW FRANK L. ASARO FOURTH FLOOR ROSCOE 0. KEAGY 3170 FOURTH AVENUE RICHARO. R. FREELAND SAN 01CG0. CALIFORNIA 6D2103 JOHN M.TURNER KEVIN R_ GRAHAM TELEPHONE 1610) 297-3170 STEVEN A. MCKINLEY ARNOLD NEVES.JR_ March 14, 1985 R REPLY REFER TO: Mr. Arthur De La Loza Deputy City Attorney City of Hungtington Beach 2000 Main Street Huntington Beach, CA 92648 Mr. Don Noble Department of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Retaining Walls v. City of Huntington Beach, et al. Orange County Superior Court Case No. 44-35-09 Gentlemen: With reference to the above-referenced lawsuit, and the Stop Notice: of Retaining Walls Company, a copy of which is enclosed herewith, please be advised that Retaining Walls Company has received payment on account since the filing of the Stop Notice and the lawsuit thereon in the amount of $13,547.16, thereby reducing its total claim of $36,138.08 by said amount, leaving a balance owing of $22,590.92. Retaining "falls Company therefore releases from its Stop Notice said payment on account in the amount of $13,547.16. Very truly yours, ASARO E KEAGY $YEVEN A. McK1NLEY SAM: Ind cc: Timothy F. McMahon, Esq. Enclosure 031485AILDLTR Y I::,-.;;.I. Release of Stop Notice ���►�£� �`LIlT�rrCTDN 8l;A�i:N. JUL CAL► '. _ _4 V TO: City of Huntington Beach Cons nwtioa Under (or p"uft%*CM Seep Napa r+et fikQ 2000 Main Street Huntin tgn Beach Ca 92649 Add You are hereby notified that the undanigted all imattt releam that remain Stop Notice dated January 17 , 1985 3, 587. 22 in the amount of S City of Huntington Beach Baum aowner or public body and Ashi Landscape . as prime contractor in coanectiat with the work of improvement known tfs Bluff Top Park, Pacific .. Coast Hwy and Golden West in the City of Huntington Beach . County of Orange State of California. Dug ,Lune, 26,__ 1985 Namaejf[Litmutt Pacifir, Irriqatoon Supply, Inc BY Presiden (OAS 411110+b1 vardbadtoa for ft- d"ar Wriflcadm in Ca q=Wbs swim Ownrdrif STATE OF CAUFGUU STATE OF CAUFOANiA COtiNTY OF S4. COUNTY OF SL 'Orancre Edric Green eckhm r or Rg ussidirifa) lCkk ut or Agwom man" take Pilaf due IWOM depoass and.y*tit,--A-b bobw Pint du4r woe depoue and am tit—ir i _President 10~.Aro w ar Atwq (caw 0*0 ty) d of Pacific Irrigatiga Qlapply. lap. (ftm MOW (MIAN OMP00111111110 III tlstssd as dum at is the famma* ddw UseL—bo bn We ewpondou tint saaarr W an forvoks ateis;tie b eand mid delta wad Itrt m the aonsena dM",and am an Miak a this aarif adw ai tNitf dot he ihm titda Now are tar. ha ree s d am and ktwwe eam do do &CM Urtats sea teteM X X StiambW read swam is beiom are dds -- - SaboibN agora a beifaw m this 26 t h b in .E9_ day or J line •• �ol�i�tkl /afPrrta•arJttoir� ' 7 MOMY 41111111. OFFICIAL SEAL BRENDA VINT rs �rti Notary public California ORANGE COUNTY My Commission Expires 2-3a 59AG"FOFOA 5 11970 CtTY.CLERK CITY OF RECEIVE ID NO I{t)NT!ftG+t7N $EACIf.C4l'.F. JA 45 P '0� STOP NOTICE DEPT. OP PUBLIC WpaKS NOTICE TO WITHHOLD TO HOLDER OF FUNDS BAN 2 5 1985 HtJyrMa7,o�i Bggc�, �:ALtF. %J TO; City of Huntington Beach (Name of owner, construction lender or public officer) 2000 Main Street Huntington Beach, Ca 92649 , HOLDER OF FUNDS. (Address cf owner or constructicn lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Pacific Irrigation Supply, Inc P.O. Box 2700 Laguna Hills, Ca 92653 (Name and address) has furnished or has agreed to furnish Irrigation Material (labor,services, equipment,materials) of the following kind Pipe, Fittings, Valves, Sprinklers (general description of labor, services, equipment or materials) to or for Asahi Landscape ,for the work improvement,located at,or known as: (name of person to or for whom furnished) Bluff Top Park , Pacific Coast Hwy and Golden West, Huntington Bch, Ca (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is$ 3587 . 22 The amount in value of that already done or furnished by claimant is $ 3587 . 22 Claimant has been paid the sum of $ 0 and there remains due and unpaid the sum of $ 3587 . 22 plus interest thereon at the rate of 7 per cent per annum from January 17 lg 85 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated:January 17 , 1985 Pacific Irrigation Supply, Inc. Name of Claimant P.O. Box 2700 Laguna Hills Ca 92653 Address of Claimant STATE OF CALIFORNIA COUNTY OF Ora naF, ss. Edric Green ,being duly sworn,deposes and says: That —he is the person(s) who signed the foregoing Stop-Notice; that—he has-read the same and knows the contents thereof to be true of h_ own knowledge, except as to any matters or things that may therein be stated on h— information and belief and as to those matters and things _he believes them to be true. nuunuxw.nwuuun..uan..uer:,uun,nr"niu,r.1rw•munnuu.vnnunluuimnww_ .;�, OFFICIAL SELL . ' f. DIFIENDA VINT v= �L, Notary Pu�_%, Wifornia w Y ORANGE COUNTY My Commlestorn Erplr-.3 Jan.28.1%5 umm�..u„...nId"innrnmm............... r.,n u...u.n,a ramn.nNru nnummmnummnyr Subscribed and sworn to before me this ay of 19 . i Notary Public and in and for said State 7b6 standard form coven most usual paobtema In the Bold lndlested. Before yno sival mad t. BB fa all bland, YTOP NOTICE and make changes prover to your transaction. Consult a lawyer If you doubt tha form s Btnest for your varpose. WOLCOTT6 FORM 894—Ray. 2.73 SUMMONS (CITACION JUDICIAL) X* D 3 le foecou�rrvet Ofty NOTICE TO DEFENDANT: (Aviso a Acusado) FOFFICE HUNTINCUON BEACH CITY OF HUNTINGTON BEACH, a MunicipalcorporationOF T E CITY CLERK . TOM DOWNEY CONTRACTORS, INC. , a California AND M OF SERVICEcorporation, SOUTHCOAST SURETY GENERAL AGENCY, EON: SERVED INC. , a California corporation, and DOES 1 ' through 20, inclusive _ ,r _ AV!A owe YOU ARE BEING SUED BY PLAINTIFF: , PROG 5 aE:Rr R (A Ud. !e esti demandando) '-DATE, RETAINING WALLS COMPANY, a California D .- corporation TIME 3 `s You have 30 CALENDAR DAYS after this sum- Despues de que le ent mons is served on you to file a typewritten re- riene un plaza de 30 DIAS CALENDARIOS para prlesentar sponse at this court. una respuesta escrita a milquina en esta carte A letter or phone call will not protect you; your Una Carta o una llamada telef6nica no le ofrecerJ typewritten response must be in proper legal proteccivn; su respuesta escrita a milquina tiene que form if you want the court to hear your case. curnplir con las formalidades legiles apropiadas si usted If you do not file your response on time, you may quierr que la carte escuche su Casa lose the case, and your wages,money and pro- Si usted no presenta su respuesta a tiernpa puede perder perty may be taken without further warning from el Casa, y le pueden quitar su salaria su dinero y otras cosas the court. de su propiedad sirs aviso adicional par paste de la Corte There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not llamar a un abogado inmediatamente. Si no conoce a un know an attorney, you may call an attorney refer- abogado, puede llamar a un servicio de referencia de ral service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal(►ea el directorio book). telef6nico). CASE NUMBER: (Alwwaa IM Caul The name and address of the court is: (El nombre y direcci6n de la carte es) ��.,—. SUPERIOR COURT OF CALIFORNIA, 'TTrr COUNTY OF ORANGE c 700 Civic Center Drive West Santa Ana, CA 92701 o ri The name, address. and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: s a�— (El nombre, la direcci6n y el numero de rel6ono del abogado del demandante, o del demandante que no en4b o, es) ASARO & KEAGY 304 Kalmia Street San Diego, CA 92101 - - (619) 239-3861 DATE: 0� } Clerk, by 19• APDDACA Dept (Fecha) (Acres rio) (Drleaado) ISEALI NOTICE TO THE PERSON SERVED: You are served 1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify}: ��.�,r� n� 3. on behalf Qf ( ecify)• �`� l`� �"` I �r under: [] CCP 416.10 (corporation) 0 CCP 416.60 Iminor) 0 CCP 416.20 (defunct corporation) Q CCP 416.70 iconservatee) CCP 416.40 lassociation or partnership) 0 CCP 416.90 lindividuall other: ] � A � u narennnl Aalivar,. nn Ma►a}• I/ ' IO�C/ r i vNi/f/wAS INMERNS saaa 0/0/'/////,ops� /A\NXXX\'\L\L' iRECEfY€A' CfTrr CLERK" >�] CITY.OF HURITtNCTON SEAM CALIF. STOP NOTI 19 10 40 AN 184 C NOTICE TO WITHHOLD TO HOLDER OF FUNDS 0 TO. City of Huntington Beach (Name of owner, construction lender or public officer) 2000 Main Street, Huntington Beach , HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Asahi Landscape, 13602 Milton Ave. , Westminster, CA 92683 (Name and address) has furnished or has agreed to furnish labor, services, equipment & materials (labor,services,equipment, materials) of the following kind landscaping & irrigation work (general description of labor, services,equipment or materials) to or for Tom Downey Contractor, Inc . ,for the work improvement,located at,or known as: (name of person to or for whom furnished) Bluff Top Stabilization Project CC645 , PCH & Goldenwest, Huntington Beach, (address, legal description,description of site or project identification) CA The amount in value of the whole agreed to be done or furnished by claimant is $53,010.16 The amount in value of that already done or furnished by claimant is $ 53,010.16 Claimant has been paid the sum of $26,940.77 , and there remains due and unpaid the sum of $ 26 , 069 . 39 plus interest thereon at the rate of 12 per cent per annum from November 16 11984 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: November 16, 1984 ' Asahi Landsca' "g of Claimant 13602 Milton Avenue, Westminster, CA 92683 Address of Claimant STATE OF CALIFORNIA Orange ss. COUNTY OF ] �Mb L t- ,being duly sworn,deposes and says: That the is the person(s) who signed the foregoing Stop Notice;that.the has read the some and knows the contents thereof to be true of hee r own knowled e, except as to any matters or things that may therein be stated on h information and belief and as to those matters and things he believes them to be true. ei C1CrCGCE r/�-�2�i.Y_�.� Subscribed and sworn to before me Th this _ V day of � jmv — { �" Rotary Public and in nd for id State OFFICIAL SEAL LYNNE F. BRYANT Y .•NOTARY PUBLIC•CALIFORNIA ORANGE COUNTY My Comm.Erprcn Dec-5,19ao 71b standard form ooven most usoal problems in the fold Indicated, before you sfvl read ft. All to all blanks, YTOP JNOT10E and mske changes proper to your tr mactfoa, Consult a lawyer If you doubt the form: fitness for your purpose. WOLCOTT9 FORM 1094—Ras. 2-73 STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Gomrnor DEPARTMENT OF INDUSTRIAL RELATIONS _ DIVISION OF LABOR STANDARDS ENFORCEMENT : A 28 CIVIC CENTER PLAZA, ROOM 429 (Bureau of Field Worcement) SEP 2 01984 f' SANTA ANA, CALIFORNIA W701 NOTIFICATION OF COMPLAINT FILED City of Huntington Beach Project Name: Blufftop Stablization project 2000 Main St" Contract No: Cash contract 645 Huntington Beach9 California., 92648 Attn: Don Noble pursuant to Section 17269 Labor Code, you are advised that a complaint of violation of the Public Works Law (Labor Code, Division 2, Part 7) has been filed in this office against Tom Downe Contruction Inc. , prime contractor and fib-contractor. Pursuant to Section 1727, Labor Code, the awarding body shall withhold and retain payments from original contractor. After a full investigation, a Verified Claim and Stop Notice will be filed for actual wages determinined to be due together with a statement of penalties assessed. 1 + Steven C. Pahel .� _ �f-reaS-e 01 Ot<<t Deputy Labor Commissioner (714), 558-4155 La ► �1t ' 7 FILED: 27-6353 labor Code Section 1726: The body awarding the contract for public work shall take cogr3izance of violations of the provisions of this chapter committed in the course of-execution of the contract. Labor Code Section 1727: Before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts which have been forfeited pursuant to any stipulation in a contract for public work* and the terns of this chapter.. But no sum shall be 'withheld, re- tained or forfeited9 except from the final payment, without a full investigation by either the Division of Labor Standards &doreement or by the awarding body. cc: Prime Contractor Sub-contractor DLSE 9 S l`* 6or1*xcheS"stii!i. .. -,._. -3#'�!7'�'�llY:`1GMiuR7 :rs.'+.»wrr�v�r_�-,.,.,....,+r--•..,, ..._...�s:..�.....�.-.w�-. STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT Of INDUSTRIAL RELATIONS DIVISION 'Of LABOR STANDARDS ENFORCEMENT f I A h ?e CIVIC CENTER PLAZA, ROOM 429 (Bureau of Field Worcement) SEP 2 0 1984 ��► SANTA ANA, CALIFORNIA 92"] 324 REPLY REFER TO: Tom Downey Contruction Inc. FIIw %To.: 27-6353 2364 Burnham Rd. Ojai, California. 93023 t t. A complaint has been filed in this office alleging non-payment of prevailing wage rates by your company on the followi.ng.public works project: a Awarding Body: City of Huntington Beach Contract Number or Description: Cash Contract 645 Project Location: Blufftop Stablization Project Pursuant to Labor Code Section .1776(b) (2), you are directed by this division to submit certified payroll records to this office regarding all work performed at the above project. Pursuant to Labor Code Section 1776(a)f the certif i.ed payroll records are to f iled with this office within ten (10) working days after receipt of this request. All aubsequent certified payroll records relating to this project shall be submitted to this office within ten (10) working days after the close of each pay period unless otherwise notified by this division. 'rhe certified payroll records shall include all information provided for on Department of Industrial Relations form #A-1-131 (sample enclosed). A Similar certified payroll form may-be used in lieu of #A-1-131 if that form has all of the information provided for on form #-1-131 and has proper form for certification* Pursuant to Labor Code Section 1776(f)t failure-to provide certified payroll records to this office within the above time period will subject your company to a penalty LLntil strict compliance is effectuated. Such penalties will be withheld from progress payments then due:. Please contact me if yuu have any questions. �Tery truly yours, S�tI. Steven C. Pahel Deputy Labor Commissioner (714) 558-4155 N.S Y [l5F 5 ~ REC I'rE0� CIT�f OLCRK HIINTI! AFO-RNOR PRELIMINARY 20. NOTICE (P;;BLiC AtiD PR,VATE WORK) �9 f o q A}�1 1f +110a0ANCE WIrN SECT'.ON 3097 AND 3098.CALIFORNIA CIVIL CODE NOVf4 `s 1 YOU ARE HEREBY NOTIFIED THAT. . . CONSTRUCt'ON LE-NDER or _ Asahi Landscape Reputed Constructor. ' ender, i! an nnL r-a ess Tel s9r,r:,•n,—y:-f Qer: y 13602 Milton Avenue westminster , CA 92683 has furnished or will furnish labor,services.equipment or materials of the lollowing general description: None landscape & irrigation materials Igneral gesa,pi,on or lr,a Inw.sgrv,ces,egwpmenl or maur;a.s��isnep lobe t s'enl& labor, equipment to Gt 1 Cl for the building, structure or other Conic olimprovttlnent;oca[ed at: rk Bluff Top Stabilization Project CC645 i �sQr�e)<c•gff"fft':est'orkdni-6'Idenwest FOLD HERE --- -C..ri — — Huntington Beach, CA The name o!,.he person or firm who contracted for the purchase of such labor, services, equipment or materals, Tom Downey Contractor , Inc. NOTICE TO PROPERTY OWNER if bills are not paid In lull for the labor, services, equipment, or materials lurnished or to be lurnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your prop- Owner Or PUBLIC AGENCY arty being so Improved may be placed against the property even though work Or Reputed Owner (on public you have gold your contractor In full, You may wish to protect yourself p ) against this consequence by(1)requiring your contractor to furnish a (on private work) signed release by the person or firm giving you ibis notice before making payment to your contractor or (2)any other method or device which is appropriate under the circumstances. The person or firm giving this notice Is required, pursuant to a catlec. live bargaining agreement,.o pay sLop'erremal fringe benelits into an express trust lu-d idescooed in Civi: Code§3"'), sad tirlc is wen- City of Huntington Beach tilied as follows: ;strike it inapplicable) 2000 Main Street Huntington Beach, CA 92648 Inane) {ecoreu) FOLD HERE _ -- IMe) (addreu) jWNI lawful ORIGINAL CONTRACTOR or 'ovember 16 , 1984 Reputed Contractor Mailed this d Partner Ispn les An estimate of the total price of the labor, services,, equipment or materials furnished or to be furnished Is: Tom Downey Contractor, Inc . 53, 010 . 16 2364 Burnham Road : Ojai, CA 93023 L DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE 1n Accordance With 53097.11c) and 3098, California Civil Code I, ,eeclare: On the day o! 19._•, at _.m.. Declarant serves the CALTORNIA PRELIMINARY 20-DAY NOTICE 09 the interested par'.ies as follows: (Cnec''c apphc&e box.) Fj By placing a true copy thereof enclosed In a sealed envelope wilh first-Class registered of certi!;ed onstage prepaid in the United States mail at addressed as!ollows: G By defiver!ng a true Copy thereof :o the par'.ies listed below: F C By leaving a true copy thereon al toe address or place of business w;th some person in charge,of the parties whnse names and addresses delivered are listed below: (not to be used an puolic works) I declare under penalty of perjury that the foregoing is true and correct.Executed on 19_ at Declarant *L;_Ur:S=JPM 1510 per.7.01e Win cuss 4-2'I EASE Na'E PMRSE SIDE! Stop Notice NOTICE TO CITY OF HUNTINGTON BEACH ? e+9 Name CITY HALL, HUNTINGTON BEACH, CALIFORNIA 92648 Address 'rr (Public Body or Lender) p (if Public Job—file with office of controller,auditor,or other public disbursing officer whose duty it is�aklq�ayments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender adminlsterinit the construction funds.) Prime Contractor: TOM DOWNEY CONTRACTORS Sub Contractor(If Any) Owner or Public Body: CITY OF HUNTINGTONr BEACH Improvement known as GOLDENWEST AND PACIFIC COAST HIGHWAY (name and address of protect or work of improvement) in the City of HUNTINGTON BEACH ,County of ORANGE State of California. U. S. RENTALS, INC. ,claimant,a CORPORATION (Claimant)-— — (Corporation Partnership Sole Proprietorship) furnished certain labor,service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor,service, equipment or materials is TOM DOWNEY CONTRACTORS (Name of Subcontractor Lbntmcror Owner-Builder) The kind of labor,service,equipment or materials furnished or agreed to be furnished byy claimant was ROLLERS, COMPRESSORS AND VARIOUS RENTAL.ESUIPMENT (Describe In detail) Total value of labor,service,equipment or materials agreed to be furnished . . . . . . . . . . S Total value of labor,service,equipment or materials actually furnished is . . . . . . . . . . . S 25,785.03 Credit for materials returned,if any . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Amount paid on account,if any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Amount due,after deducting all just credits and offsets . . . . . . . . . . . . . . . . . . . . S 25 785.03 YOU ARE HERESY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S 25.785.03 , as provided in Sections 3156 thm 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond IS NOT attached.(Bond required on private jobs—not on public jobs.) (is is not) Date NOVEMBER 8, 1984 Name of Claimant U• S• RENTAL INC. T22'..'A BY ul—A ASSISTANT SECRETARY (Official Capacity) Verification for-Partnership or Verification for Corporation Sole Ownership STATE OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF SS. COUNTY OF $$. ORANGE C. L. ALBERS (Claimant or Representative) (Claimant or Representative) being first duly sworn deposes and says that—he is being first duly sworn deposes and says that—he is ASSISTANT SECRETARY (Owner,Partner or Arm) (Official Capacity) of of U. S. RENTALS, INC. (Firm Name) ()times Corpomfe Name) named as claimant in the-foregoing claim; that he has the co ration that executed the foregohag claim; that--he n:ad said claim and knows the contents thetas(.and that the makes t verification on behalf of said corporation;that_he facts therdp stated are true. has read claim and knows the contents thereof.and that the facts t stated e. X X ( cure Of A l mt) (�Iw f 1 Salmoribed and sworn to befara me this Subscribed and sworn to before we this 8TH day of ,19 day of NOVEMBERJ/ a (Sigrmrm of ) ! tl�rdr ofNo r) Wtary NotM OFFICIAL S&kL Sump Stamp LISA MARiE JMM6N NDTAftY PllB1K' Ci1Et ^r OhyNitih CW1N11► Gar co ran, e p _ _ xpires 11AY 81, Original of above notice received this An of 19 8MDCA FORM 4 fRBV.8.74) Philip (f). �Bvrn I�E;PT. Off' 6'USLIC WORKS ATTORNEY AT LAW 414 WEST 4th STREET SUITE_ SEP 18 1984 SANTA ANA.CALIFORNIA 92701 (7 i 4j 558-0071 HunrTl GTOR September 14 , 1984 �'°"'`�' c"uF City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Attention : Mr . Don Noble Re : S & J Paving Company vs . Tom Downey Contractor , Inc . , etc . , et al . My - File No . : 1067-4 Dear Mr. Noble : Please be advised that I represent S & J Paving Company with respect to its claim against Tom Downey Contractor, Inc . , the City of Huntington Beach and the Payment Bond issued on the below mentioned project . Enclosed please find the duly executed Stop Notice . Very truly yours , PhilIp G . Dorn PGD : dp h;F STOP NOTICE (1 m ( PUBLIC WORKS ) TO : CITY .OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach , California 9264 ,. . RE : Bluff Top Stabilization Project CC645 Pacific Coast Highway and Golden West Claimant, S _& J PAVING COMPANY , 8341 Acacia , Garden Grove , California 92641 , has furnished labor , equipment . and materials of the following kind : asphalt paving for a bike trail to or for TOM DOWNEY CONTRACTOR , :" INC . for the work of improvement described above . The amount in value of the whole agreed to be done or furnished by claimant is $8 , 100 . 44 . The amount in value of that already done or furnished is $8 , 100 . 44 . Claimant has been paid nothing and . there remains due and unpaid the sum of $8, 10.0 . 44 plus interest at the rate of seven percent per year from July--2 , 1984 . You are required to set aside sufficient funds to satisfy this claim with interest . Dated : September 14, 1984 SA J PAVING C Y o s e p VIT orres Office Manager I declare under penalty of perjury that the foregoing is true and correct . Executed this 14th day of Septemb , 1984 at Santa Ana , California . 01 Jvoep, Torres STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE } Joseph Torres , whose name is-. subscribed to -the within instrument personally appeared before me and acknowledged having executed the same and is known to me to be such person . Acknowledged on September 14 , 1984 . OFFICIAL SEAL JENNIFER T MUSE cy NOTARY PuSUC -CALIFORNIA `., ORANGE COUNTY fAy comm. expires PAR 16, 1983 f VERIFICATION STATE OF CALIFORNIA,COUNTY OF 1, the undersigned, say: I have read the foregoing. —and know its contents. 0 CHECK APPLICABLE PARAGRAPH DI am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I am ❑an officer ❑ a partner_. _❑a_ _ _— of a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I am informed and believe and on that ground allege that the matters stated in it are true. 1 am one of the attorneys a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in it are true. Executed on _ — __— 19 at _California. I declare under penalty of perjury that the foregoing is true and correct. (Signature) ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document described as _ (Signature) PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the county of__0 r a n [e _ _ State of California. 1 am over the age of 18 and not a party to the within action; my business address is:-- 414 West 4th Street, Suite L . Santa Ana , _California 92701 On September 14_____l98 4 I served the foregoing document described as Stop Notice P u b l i c W o r k s on—the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at: Santa Ana , California addressed as follows: City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Attention : Mr. Don Noble Certified Mail - Return Receipt Requested #P 709 903 286 Executed on September 14 , 19 8 4 at Santa Ana California. (check applicable paragraph below) (State) I declare under penalty of perjury that the above is true and correct. ❑ (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made_ Phil i p G . (Signature) D o r n �~ S A RELEASE OF STOP NOTICE ( PUBLIC WORKS ) TO : CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach , California 92648 You are hereby notified that the undersigned claimant releases that certain Stop Notice ( Public Works ) dated Sep- tember 14 , 1984 , in the amount of $8 , 100 . 44 , against the City of Huntington Beach and Tom Downey Contractor ,rI_nc_,_,._fo.r, that certain work of improvement consisting of -s-15halt paving for a bike trail re the Bluff -Top Stabilizatio Project CC645 at Pacific Coast Highway and Golden West . Dated : S & J PAVIUR B Jo h Torres Office Manager h anixamaimoron annav, RROO Rol STOP NOTICE opoe NOTICE TO WITHHOLD TO HOLHER*0# M��G�ry�n 51CITYL F- 'flUHMOCH BEACH,CALIF.' TO: Downey Construction, Torn Doer ney idi 13- 445 PM V (Name of owner, construction lender or public officer) 364 13usn am Rd Ojai Ca. 93023 HOLDER OF FUNDS, (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Rock s Fencing 1 _zL �1 Gilbert warden Grove a? (Name and address) has furnished or has agreed to furnish Labor, services eauir:ment ar.d materials (labor,services,equipment, materials) of the following kind - '�e-na_ir _fer_ci_ng o.nd- oil rigs. rennove e.nd rexpla_Ce cemen. (general description of labor, services, equipment or materials) -x see bills. to or for Tom Downey ,for the work improvement,located at,or known as: (name of person to or for whom furnished) Hunihin�on 13eac..h Bluffs =� et:':een 9th sL and Goldenwest. on P.C.II (address, legal description,description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 1635,00 The amount in value of that already done or furnished by claimant is $.�1o� �°� Claimant has been paid the-sum of $ 0 and there remains due and unpaid the sum of $ 16 00 plus interest thereon at the rate of per cent per annum from , 19 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIYCLAIM WITH INTEREST, Dated: 1 1/1 1 -3; me of Claimant 131;j1 Gilbert Carden �_ Ao_, Ca ,2644- Address of Claimant STATE OF CALIFORNIA COUNTY Orange ss. r L &1Zd*11_11 being duly sworn,deposes and says: That he is t4 parsan(s? who foregoing Stop Notice,that_he has read the same and knows the contents thereof to be true of hi,L- own knowledge, except any matters or things that may therein be stated information and belief and as to those matters and things_he believes them to be true. Subscribed and sworn to before me_ J thiR day of , 19 � CiFFICIAL STEAL J SUTHERLAND y NOTARY PUBLIC - CA;IFORNIA " III Public and in and for acid State CRANGC CO!.:NTY My Comm. expires AUG 3. 1988 G 8972 La Stella Avenue, Fountain valley,CA 92708 Thh rtsadaed form amm mat umd pmblemr to the Bald Indicated.Were roe�t read tt.8II m all blaulo. ATOP MOTICH and make ahaogn P�to your traomCtta . Camrnit alawyer if yen doubt the forma Btnew for your yurp)m WOLCOTTe1 FORM 894—Ray. R-73 1 ASARO > KEAGY STEVEN A. McKINLEY, ESQ. F I L E D 2 304 Kalmia Street San Diego, California 92101 3 (619) 239-3861 NOV-0 9 1984 4 - LEE A. BRANCH, County Clerk 5 Attorneys for Plaintiff 6 7 g SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 RETAINING WALLS COMPANY, } CASE NO. a California corporation, ) 11 ) COMPLAINT FOR DAMAGES Plaintiff, } FOR BREACH OF CONTRACT; 12 ) FOR ENFORCEMENT OF VS. ) STOP NOTICE; AND FOR 13 RECOVERY ON PUBLIC WORKS CITY OF HUNTINGTON BEACH , ) PAYMENT BOND 14 a Municipal corporation, } TOM DOWNEY CONTRACTORS, } 15 INC. , a California corporation, ) SOUTHCOAST SURETY GENERAL } 16 AGENCY, INC. , a California } corporation, and DOES ) 17 1 through 20, inclusive, ) 18 Defendants. ) 19 20 Plaintiff alleges as follows: 21 22 FIRST CAUSE OF ACTION 23 (Breach of Contract) 24 1 . Plaintiff is, and at all times herein mentioned was, a California 25 corporation, duly organized and existing under and by virtue of the laws of 20 the State of California. 27 2. Plaintiff is, and at all times herein mentioned was, a general 28 111 . i Stop 4011ce NOTICE TO City of Huntington Beach, Public Works Engineering Department ofela d} or P.O. Box 190, HuntingtonBody Leader) Attn: Lbn Noble e - rttract( g inator (if Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job— file with responsible officer or person at office or branch of construction lender administering the construction funds.) Prime Contractor: Tom Downey Construction Sub Contractor(IfAny) Owner or Public Body: __Cil�: of Huntington Bt-,qrb Improvement known as Beach Front I mveme t t (Name and address of project or work of improvement Huntington Beach, California in the City of Huntington Beach ,County of Orange , State of California. Milo Equipment Corporation ,claimant,a Corporatio (claimant) ICorporation/Partnership/Sole Proprietorship) furnished certain labor,service,equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor,service, equipment or materials is Tom Lbhne , Construction (Name of Subcontractor/Contractor/Owner-Builder) The kind of labor,service,equipment or materials furnished or agreed to be furnished by claimant was Rental of HPavv Construction Fguipment Qperated and ;aintained (describe in detail) Total value of labor,service,equipment or materials agreed to be furnished . . . . . . . . . . . . .S 4535,00 Total value of labor,service,equipment or materials actually furnished is . . . . . . . . . . . . . . .S 4535.00 Credit for materials returned,if any . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -0 Amount paid on account,if any . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -0- Amount due after deducting all just credits and offsets . . . . . . . . . . . . . . . . . 4535100 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of$4535.00 , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond is not attached.(Bond required on private jobs—not on public jobs.) (is/is not i Date /0� Name of Claimant -IILO E U CI)PPOPATION - ( rm ame) - By , (Official C(parity) VERIFI�C-7ATION I,the undersigned,state: I am the / ("agent of'=said iden f', "a partner of'. "owner of',etc.) the claimant named in the foregoing Stop Notice; I have claim of Stop Notice and know the contents thereof,and I certify that the same is true of my own knowledge. I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and i correct. Executed on , 19 0,at,--- California. ignature of laimant or� [horized Ag,' 81CA FORM 4(REV.3-63)aM ( `- , i�cl -bl)Ex I] AAILO EQUIPMENT CO A' MI LO' EQUIPMENT TALS WORK AND TIME TICKET �„ P.O. BOX 6495 REMIT TO LOCATION RENT OM IN Santa Ana, CA 92706-0495 N 2 20151 NT �t 7147554-0321 HAVE COMPLETED AND SIGHED CUSTOMER'S CUSTOMER'S AT START OF JOBIDAY P.O. NO. JOB NO. f DATE: `� 6 CHARGE TO: `ple 11 BILLING ADDRESS: 30�3 JOB ADDRESS: rpt,%j2 III ^ b � f DESCRIPTION OF WORK: � lz THE TERMS AND CONDITIONS GOVERN- ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MILO JOB No../40�.9 EQUIPMENT TRUCK BOOM NUMBER NUMBER _ LENGTH DAILY TIME START D C24�2 _ __ _ __ FIN SHED �} CARD 8UB TI ME IME MILE I'�'EL LT. at D.T. DESCRIPTION FROM TO HOURS OPERATOR NAME TRAVEL A.M. A.M_ P.M. P.M. OILER NAME BOOM ASSEMBLY AM. A-M. P.M- P M. RIGGER FOREMAN A.M. A.M. PERMIT STAND BY P.M- P M RIGGER NAME LUNCH A-M. A.M. P.M. P.M- RIGGER NAME WORK A.M- A-M. P.M. P.M OTHER BOOM DISASSEMBLY P.M. PM- _ - a PERMIT STAND BY A.M. A.M. P.M. P.M. ACCTG. TRAVEL A.M. A.M- ORIGINAL P.M. PM rXT.CXD. APPVD. TOTAL NET HOURS► By CHARGE - _ ••^ TO 1NY/REQ/Jpp ar TAG/CONTROL Sr DR. ACCT.NO. AMOUNT Z 3585 -130-00 3583 03•- 2300 6•.2 VE HOURS ARE VERIFIED TO BE CORRECT. 3905 ��sad 4471 11,A111 U A E AUTHORIZED SIGNATURE rAP ]R ACCOUNTING PURPOSES HOURS RATE AMOUNT UGi 3 1 , NET AMT. rs ll'iCVY I IMC IJryLT RIGGERS(TOTAL) 0 490 00 WHITE-OFFICE FILE COPY GREEN-WSTOMER'S RECEIPT TOTAL CHARGES► 0 0 PINK-PAYROLL COPY GOLD-O ERATOR'S COPY CANARY.BILLING INVOICE 1 MILD EQUIPMENT CORP MILO EQUIPMENT RENTALS WORK AND TIME TICKET PLEASE LOCATION RENTS OM �B rn P.O. BOX fi495 REMIT TO �,V�oI�� Santa Ana, CA 92706-049 No 20105 714-554-0321 z/ JJ,, "1 HAVE COMPLETED AND SIGNED CUSTOMER'S CUSTOMER'SA AT START Of JOBIDAY P.O. NO. JOB NO. OW-210 DATE: CHARGE TO: 1 BILLING ADDRESS: r r JOB ADDRESS: DESCRIPTION OF WORK: it v THE TERMS AND CONDITIONS GOVERN- ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL IN APPLICABLE SHADED AREAS ONLY. M I LO JOB No.lc 7 EQUIPMENT TRUCK BOOM NUMBER NUMBER 7;1LENGTH TIME TIME DAILY TIME STARTED FINISHED CARD sue MAOILE TIME E• TMVEL S.T. O.T. O.T DESCRIPTION FROM TO HOURS w LLEA PER AME TRAVEL A.M- A.M. P.M_ P.M. NAME A.M. A.M. BOOM ASSEMBLY P.M. PM RIGGER FOREMAN A-M, A.M. PERMIT STAND BY P.M. PM RIGGER NAME LUNCH ^7 A.M. i�-�C, A.M- fr P.M. RM- ' RIGGER NAME A.M. A.M. WORK P.M. OTHEf 900J1}DISASSEMBLY PM. P.M_ ACCTG ORIGINAL PERMIT STAND BY A.M. P.M. EXT.CKD. AvnvO. TRAVEL A.M. A M. BY P.M. P.M. CHARGE TOTAL NET HOURS- TO REMA INV/REQ/JOB a TAG/CONTROL R 7_ i + ER. ACCT.NO. AMOUNT 3585 23o•oa io3. 7 3905 a3 HAVE JOBlI THE ABOVE HOURS ARE VERIFIED TO E CORR TAPES DATE CUSTOMER'S NAME AU 0 ED 51ONATUFIE J 31 FOR ACCOUNTING PURPOSES Nf:T AMT. HOURS RATE AMOUNT CREW OVLHIIMt CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(T TALI 'c e ? 3 WHITE-OFFICE FILE Copy GREEN-CUSTOMER'S RECEIPT TOTAL CHARGES ► [- PINK-PAYROLL COPY GOLD-OPARATOR'S COPY CANARY-BILLING INVOICE `P MILO EQUIPMENT COF� MILO EQUIPMENTMNTALS WORK AND TIME TICKET rn P.O. Box 6495 p pE EAMIT E LOCATION RENT OM �NVOICE Santa Ana, CA 92706-0495 '� ,f N2 201 04 NT 4E 714-554-0321 7`+ HAVE COMPLETED AND SlaNKO CUSTOMER'S CUSTOMER'S AT START OR JOBIDAY P.O. NO. JOB NO. I ^I 41 DATE- CHARGE T0: &22n--10,7_t, BILLING ADDRESS: "234 JOB ADDRESS: DESCRIPTION OF WORK: THE TERMS AND CONDITONS GOVERN- ING THIS RENTAL AS DFSCRI13ED ON THE CUSTOMER'S NAME: ) REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL IN APPLICABLE SHADED AREAS ONLY. MILO JOB No...f. � EQUIPMENT `-�/L1//�_ TRUCK J�"yam__ sal zz BOOM NUMBER Z NUMBER 2; `F2 LENGTH TIME TIME DAILY TIME STARTED FINISHED CARD Sy,d MILE TRAVEL LT. O.T. D.T. DESCRIPTION FROM TO HOURS AGE TIME OP AME TRAVEL A.M. A-M. P.M. P.M. OILER NAME A-M. A-M- SOOM ASSEMBLY P.M. Pm RIGG------"""" PERMIT STAND BY A.M. A.M. P.M. P.M. RIGGI LUNCH A.M. M. ACCTG. P,M_ RIGGI ORIGINAL WORK �Q A.M. A.M. P.M. P.A. OTHF 17(T.CND. P.M.APPVO. BOOM DISASSEMBLY A.M. M. BY P.M. P. PERMIT STAND BY A.M. A.M. CHARGE P.M. P.M. TO TRAVEL A.M. A.M. P.M. P.M. INY/RFQ/JOB N TAG/CONTROL C , _4777a4w0 TOTAL NET HOURS► REM/ SR. ACCT.NO, AMOUNT 3 .00 .7 •.J3 HAVI TA DATE JOB, THE ABOVE HOURS ARE VERIFIED TO BE CO N>rT/EMT. _uL 31 '84 tiG✓ CUSTOMER'S NAME A96FIIZED SIGNA-ruftE DR ACCOUNTING PURPOSES HOURS RATE AMOUNT TON CRANE FT. BOOM CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(TOTAL C l WHITE-OFFICE FILE COPY GREEN-COSTOMER'S RECEIPT TOTAL CHARGES► PINK-PAYROLL COPY GOLD•OPERATOR'S COPY CANARY-BILLING INVOICE a MILO EQUIPMENT NTALS WORK AND TIME TICKET Mi�o EQUIPMENT co A� L CO) P.O. Box 6495 REMIT TO LOCATION RENT ROM 'NVO'C� tit Santa Ana, CA.92706-0495 AaeNT nE� 714-554-0321 s*' %l we64� N o_ 20103 HAVE COMPLETED AND SIGNED CUSTOMER'S CUSTOMER'S L ! Z r1 I AT START Of JOBI Y P.O. NO. .-JOB NO. _ ]� DATE: CHARGE TO: BILLING ADDRESS: r < / JOB ADDRESS: DESCRIPTION OF WORK: G THE TERMS AND CONOITONS GOVERN. ING THIS SENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE.PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. M ILO JOB No.. ..:..S._/ EQUIPMENT TRUCK NUMBER 117 LENGTH NUMBER / l-C.� TIME TIME DAILY TIME STARTED FINISHED CARD SUB MILE- TRAVEL &T. O.T. D.T. DESCRIPTION FROM TO HOURS AGE TIME OP R AME J TRAVEL A-M. A-M. P.M. P.M. OMER AME BOOM ASSEMBLY A.M. A.M- RK P.M. RIGGER PERMIT STAND BY P.M_ P.M. RIGGER LUNCH A.W S,hAM- PM RIGGER O R I G I NA L ACCTG. WORK A.M. \ AM --O P.M. [J P.M OTHER EXT.CKO. APPVO. BOOM DISASSEMBLY A.M. A.M. - 8 P.M. P.M. Y PERMIT STAND BY A.M. A-M. CHARGE - P.M. P.M. O TRAVEL AM- A.M. INV/REQ/JOB= TAG/CONTROL x P.M. PM. S`977oo,20 TOTAL NET HOURS► REMAI SR. ACCT.NO. AMOUNT 3585 .3o coo •.i3 Tap MAY! Jab! JUL 184 THE ABOVE HOURS ARE VERIFIED ;IATRIZED T. NET AMT. CUSTOM ER'S NAME SIGNATURE DR ACCOUNTING PURPOSES HOURS RATE AMOUNT TON CRANE FT. BOOM CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(TOTAL) WHITE•OFFICE FILE COPY GREEN-CIASTOMER'S RECEIPT TOTAL CHARGES► Lr.CrL%~ PINK-PAYROLL COPY GOLD•OPERATOR'S COPY CANARY•BILLING INVOICE . � s I�=• . MILO EQUIPMENT CO� MILO EQUIPMENT TALS WORK AND TIME TICKET - H P.O. Box 6495 REMIASE T TO LOCATION RENT ROM INVOICE Santa Ana, CA 92706-0495V //,� N2 20102 SENT 4� 714-554-0321 HAVE COMPLETED AND 610NE4 CUSTOMER'S CUSTOMER'S AT START OF JOBIDAY P.O. NO. JOB NO. C 1 '� DATE: 4" CHARGETO: / BILLING ADDRESS: ` , JOB ADDRESS: �`�' DESCRIPTION OF WORK: THE TERMS AND CONDITONS GOVERN.ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MILO JOB Nof0-5;7. EQUIPMENT c7q l TRUCK BOOM NUMBEFI Ley NUMBER ��� LENGTH DAILY TIME sr RTE D FIIN SHED CARD SUB MILE TRAVEL 6r O.T. CLT. DESCRIPTION FROM TO HOURS AaE TIME OPE T NAME f TRAVEL A.M. A.M. A.M. P.M. OILER NAME BOOM ASSEMBLY A.M. M- R P.M. P.M - RIGGER FOREMAN PERMIT STAND BY A.M. A.M. P.M. P.M. RIGGEF r LUNCH G', A.M. / A.M. ! � tom- 1 •��� RIGGEF WORK M. OTHER O R 1_G I N A L ACCTC, BOOM DISASSEMBLY p.M. P.M. A.M. A.M. EXT.CKD. AaPVD. PERMIT STAND BY PM- P.M. 8Y A.M. A-M. TRAVEL CHARGE P.M. P M. TO TOTAL NET HOURS► INV/REQ/JOB x TAG/CONTROL N REMAF .53'770 DR. ACCT.NO. AMOUNT � .�D•oD i1230 6►0- 7 a?.3 I ' NAVE I JOBID, THE ABOVE HOURS ARE VERIFIEDa mi CT. -G� L,I CUSTOMER-S NAMEA HORI NATURE NET AMI. R ACCOUNTING PURPOSES HOURS RATE AMOUNT TON CRANE FT, BOOM CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGEFtS(TOT L� WHITE-OFFICE FILE COPY GREEN WTOMER'S RECEIPT TOTAL CHARGES a�1 PINK-PAYROLL COPY GOLD-OPERATOR'S COPY CANARY-BILLING INVOICE MILO EQUIPMENT TALS WORK AND TIME TICKET MlLO EQUIPMENT C0O y P.O. BOX 6495 REMIT TO LOCATION RENT ROM JINVO at Santa Ana, CA 92706-0495 714-654-0321 N_ 2 10 HAVE COMPLETED AND SIGNED CUSTOMER'S CUSTOMER'S AT START OF JOBIDA'I P.O. NO. JOB NO. hI l DATE. CHARGE TO: l .,r BILLING ADDRESS: ayfZ2 r r JOB ADDRESS: DESCRIPTION OF WORK: v ez THE TERMS AND CONDITANS GOVERN- ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE: PLEASE FILL IN APPLICABLE SHADED AREAS ONLY. M ILO JOB No.0 .-/ EQUIPMENT TRUCK G O� NUMBER / 7 LENGTH NUMBER � � � _ TIME TIME DAILY TIME STARTED FINISHED CARD $ S M1IE- TRAVEL S.T. O.T. CIT. DESCRIPTION FROM TO HOURS A0E TIME OP A7 R NAME TRAVEL A.M. A.M. P.M. RMTWnWX - ME BOOM ASSEMBLY p.M. P.M. RIGfl PERMIT STAND BY A.M. A.M PERMIT PM RIGG LUNCH A.M. .M. ORIGINAL ACCTr_ / P.M. , M. RIGG WORK 6)6 M' EXT.CKD. APPVD. OTHI BY BOOM DISASSEMBLY P.M. P.M- CHARGE PERMIT STAND BY A.M. A.M TO i P.M. P.M- INV/REQ/jO13 s TAG/CONTROL 0 TRAVEL P.M. PM "Y177lfO04 TOTAL NET HOURS► BR. ACCT.NO. AMOUNT Le REM a1 .330• 9, ]I ATI i '34 HAVI JOBf, THE ABOVE HOURS ARE VERIFIED TT BE C CT. NET AMT. i CV CUSTOMER'S NAME RIZED SIGNATURE FOR ACCOUNTING PURPOSES ITEM HOURS RATE AMOUNT TON CRANE FT. BOOM CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(TOTAL), WHITE-OFFICE FILE COPY GREEN-WTOMER'S RECEIPT TOTAL CHARGES y4�C1(n PINK-PAYROLL COPY GOLD•O ERATOR'S COPY CANARY•BILLING INVOICE MILO EQUIPMENT COF MILO EQUIPMENT TALS WORK AND TIME TICKET P.O. Box 6495 REMITEASE L ATION RENTED FROM INVOICE �y a� Santa Ana, CA 92706-0495 T �E� 714-554-0321 d c. N_o 20100 HAVE COUP"TED AND SIGNED CUSTOMER'S CUSTOMER'S AT START OR JOBIDAY P.O. NO. JOB NO. �- DATE: f+� CHARGE TO: BILLING ADDRESS: -� F �+l'M r JOB ADDRESS: DESCRIPTION OF WORK: L THE TERMS AND CONDITONS GOVERN- ING THIS RENTAL AS DESCRIBED ON THE REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MILO J09 NoAr .7 EQUIPMENT ���(• TRUCK BOOM NUMBER r� NUMBER �/`��" -LENGTH TIME TIME DAILY TIME STARTED FINISHED CARD SUB MILE TRAVEL AnE TIMES.T. O.T. 02 DESCRIPTION FROM TO HOURS OP OR NAM TRAVEL A.M. A.M. P.M. P.M. O 110E AME BOOM ASSEMBLY p,M_ P.M. RIGGER FOREMAN PERMIT STAND BY A.M_ A.M. P,M- P.M. RIGGER NAME LUNCH A.M.. A.M. P. P.M. RIGGER NAME WORK M. I M. P BOOM DISASSEMBLY A.M. A.M. P.M. P.M. ORIGINAL ACCTG. PERMIT STAND BY A.M. A M. P.M. P.M. TRAVEL A-W A-M- EXT.CKO. APPVD. PM. P.M. BY TOTAL NET HOURS► CHARGE I • TO INY/REQ/JOB s TAG/CONTROL s TAPE# DATE SR. ACCT.NO. AMOUNT 44 3585 3 JUL3"24 3583 -3 7 2300 3 9 0 55 4471 THE ABOVE HOURS ARE VERIFIED TO BE CORK CUSTOMER'S NAME AUfHORIZE ATU FOR ACCOUNTING PURPOSES NET AMT. HOURS RATE AMOUNT CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(TOTAL) �C 1 WHITE-OFFICE FILE COPY GREEN- TOMER-S RECEIPT TOTAL CHARGES► PINK-PAYROLL COPY GOLD-OPERATOR'S COPY CANARY-BILLING INVOICE MILO EQUIPMENTAMINITALS WORK AND TIME TICKET _ MILO EQUIPMENT CO � INVOICE H P.O. Box 6495 REMIT TO PLEASE LOCATION RENT ROM V Santa Ana, CA 92706-0495 A,,4- N2 2008'1 T t+� 714-554-0321 A HAVE COMPLETED AND SIGNED CUSTOMER'S CUSTOMER'S q� AT START OF JOBIDAY P.O. NO. JOB NO. f'f DATE: /.-1 .1 C� I t G %HARGE TO: �CI�= 7 J�-v✓`� �.�,��Y�7 �� C.C. BILLINGADDRESS: �j 90 I /i i l 5 JOB ADDRESS: i2fi-L 4- DESCRIPTION OF WORK: THE TERMS AND CONDITONS GOVERN. ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MILO JOB No..(VK;/ EOUIPMENT J� TRUCK BOOM NUMBER _57_Y y I, y"4 Ic f— NUMBER LENGTH TIME TIME DAILY TIME STARTED FINISHED CARD SUB WW TRAVEL S.T. OLT. D.T. DESCRIPTION FROM TO HOURS AGE TIME OPERATOR NAME. A.M. A.M. TRAVEL PM. PM. � OILER NAME A.M. A.M. BOOM ASSEMBLY P.M_ PM. RIGGER FOREMAN= A.M. A-M. PERMIT STAND BY A PM- :. RIGGER NAME LUNCH ,+ A.M. ; A.M. • . {' P.M. 1 ti ' 3�7 P.M. RIGGER NAME WORK I A.M. A.M. P.M. �7 i P.M. J OTHER BOOM DISASSEMBLY P_M.M. PM_ PERMIT STAND BY A M. A.M- PM. P.M. TRAVEL A.M. AM. P.M. RM- TOTAL NET HHOOURS► ' F I ORIGiNpL ACcTG. rXT.CKO. APPVD, BY CHARGE TO INV/REQ/JOB yr TAG/CONTROL r I BR. ACCT.NQ, A1rtOUNT THE ABOVE HOURS ARE VERIFIED TO BE CORREpr- -2— CUSTOMER'S NAME ` AUTHORIZED SIGNAn1R FOR ACCOUNTING PURPOSES HOURS RATE AMOUNT - TAPE DATE /.,. -1 1 JUL 3 Z '64 NET ALIT. WHITE-OFFICE FILE COPY GREEN- TOMER'S RECEIPT TOTAL CHARGES. PINK-PAYROLL COPY GOLO-OPERATOR'S COPY CANARY-BILLING INVOICE MILO EQUIPMENT TALS WORK AND TIME TICKET MILO EQUIPMENT-CO PLEASE P.O. BOX 6495 REMIT TO LOCATION RENT ROM I NVOICE Santa Ana, CA 92706-0495 ,i Nc _ 714-554-0321 2 2 HAVE COMPLETED AND SIGNED CUSTOMER'S CUSTOMER'S AT START OF JOBIDAY P.O. NO. JOB NO. DATE: _ / - ¢� CHARGETO: u"ev`L H BILLING ADDRESS: l �ir7 JOB ADDRESS; - �! DESCRIPTION OF WORK: THE TERMS AND CONDITONS GOVERN. ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MaLO JOB No.A� EQUIPMENT - - TRUCK BOOM . __,..-•-•-----,..-•-- NUMBER NUMBER LENGTH TIME TIME DAILY TIME STARTED FINISHED CARD sue "°LE, TAAI'EL ST. O.T. CT. DESCRIPTION FROM TO HOURS AGE TIME OPERATOR NAME TRAVEL A M. AM oh 6-C (� a V% P M. P.M. OILER NAME BOOM ASSEMBLY A.M. AM - _ P.M. PM- RIGGER FOREMAN PERMIT STAND BY A.M. A.M. P.M. P.M. RIGGER NAME AM. A.M. LUNCH � '� , 00 P.M. t�f Td P.M. RIGGER NAME WORK o 0 A.M. r j� AM. 7 P.M_ P.M. OTHER BOOM DISASSEMBLY P.M. PM. PERMIT STAND BY A.M. A.M TRAVEL A.M. A M. P.M. P.M. -• TOTAL NET HOURS. ORIGINAL ACCTG. EXT.CKp. ApPVO. BY CHARGE TO I: - INV/REQ/JDB • TAG/CONTROL X OR. ACCT.NO. AMOUNT THE ABOVE HOURS ARE VERIFIED TO BE CORRECT. �- a2O0•ate CUSTOMER'S NAME HORIZED SIGNATURE FOR ACCOUNTING PURPOSES C - DA HOURS RATE AMOUNT u / ULI NET AMT. n WHITE-OFFICE FILE COPY GREEN•CUSTOMER'S RECEIPT TOTAL CHARGES PINK.PAYROLL COPY GOLD•OPERATOR'S COPY CANARY-BILLING INVOICE i - MILO EQUIPMENT CO� C MILO EQUIPMENT TALS WORK AND TIME TICKET P.O. Box 6495 RPLEASE EMIT TO L CATION RENTE FROM �VQICG Santa Ana, CA 92706-0495 N° 2 0 1 0 6 NT � 714-554-0321 ft{r HAVE COMPLETED AND S10NED CUSTOMER'S CUSTOMER'S AT START OF OB! Y P.O. NO. JOB NO. DATE: CHARGE TO: BILLING ADDRESS: �=� 1 / 4 -� JOB ADDRESS: DESCRIPTION OF WORK- THE TERMS AND CONDITONS GOVERN-' ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL INAPPLICABLE SHADED AREAS ONLY. MILO JOB No..rrlS,7 EOUIPMENT TRUCK .r BOOM NUMBER yY NUMBER � ��J� LENGTH TIME f TIME DAILY TIME STARTED FINISHED CARD �a MICE TM16a &T. O.T. D.T. DESCRIPTION FROM TO HOURS AGE TIME OP AA E TRAVEL A.M. A.M. P.M. P.M. ILER NAME BOOM ASSEMBLY A.M_ A.M. P.M. P.M. r_ _ PERMIT STAND BY A.M. A.M. P.M. P.M. I - A.M. A M. LUNCH P.M. P.M. I ORIGINAL Accrc. WORK _.� A-M. 3 a AM- l P.M '. P.M. EXT.CKD. APPVD. BOOM DISASSEMBLY'. A.M. A.M. By - "' P.M. P.M. PERMIT STAND BY A.M. A.M. CHARGE P.M. P.M. TO TRAVEL A.M. A.M. 1NV/REQ/JOB TAG/CONTROL V P.M. PM. .S%770GtJP9 TOTAL NET HOURS► BR. ACCT.NO. AMOUNT Lk F A 358 5_ -a s's-31 _ 3583 11. 73 2300 zg 3905 4471 TAPE? o TE F Ji1� 31 -84 J THE ABOVE HOURS ARE VERIFIED T BE CORR NET AMT. CUSTOMER'S NAME UT IZED SIGNATURE FOR ACCOUNTING PURPOSES ITEM HOURS RATE AMOUNT TON CRANE FT. BOOM CREW OVERTIME CREW OVERTIME D.T. CREW TIME ONLY RIGGERS(TO AL) WHITE-OFFICE FILE COPY GREEN•CeSTOMER'S RECEIPT TOTAL CHARGES► 7T PINK-PAYROLL COPY GOLD•OPERATOR'S COPY CANARY-BILLING INVOICE _ WORK AND TIME TICKET �r MILO EQUIPMENt RENTALS _ !pE■�nICE Pr 0. Box 999 INVOICE �f L - �� 3455 San Gabriel (River Parkway No 104,58 A i Pico Rivera,CA 90660 (213) 692.0311 (714) 521.1170 11AV!COMPLETISD AND SIGNED CUSTOMER'S CUSTOMER'S AT START OF JOBIDAY P.O. NO. _ _ _ _ JOB NO. 221 _ DATE: Y CHARGETO: yr_e BILLING ADDRESS:. JOB ADDRESS: - �✓� G�IS+.A �i;G./7 - •.�.4�i-jai U 1�Y�L. DESCRIPTION OF WORK: THE TERMS AND CONDITONS GOVERN- ING THIS RENTAL AS DESCRIBED ON THE CUSTOMER'S NAME: REVERSE SIDE ARE UNDERSTOOD AND AGREED TO. BY: ; AUTHORIZED SIGNATURE EMPLOYEE:PLEASE FILL IN APPLICASL€SHADED AREAS ONLY. M ILO JOB No. EQUIPMENT S {S TRUCK BOOM NUMBER �` NU!TER LENGTH DAILY TIME STARTED FINISHED CARD sua . � rTIMEFJ sr. O.T. r>r. DESCRIPTION FROM TO HOURS OPERATOR NAME TRAVEL A.M. AM. - P.M. P.M. OILER NAME BOOM ASSEMBLY A.M. A.M- P,M. P.M. ' RIGGER FOREMAN PERMIT STAID BY A.M. A.M. P.M. P M RIGGER NAME A.M. A.M. LUNCH P.M. P.M. RIGGER NAME WORK �1V P.W. �.P. OTHER BOOM DISASSEMBLY A.M- P.M. P.M. PERMIT STAND BY A.M. P_M- A. M- P.M- TRAVEL A.M. A.M. P.M. R M- TOTAL NET HOURS► F ORIGINAL ACCTG. I EXT.CKD. ApPVD. Br I CHARGE ! I TO INV/REQ/JOB s TAG/CONTROLC .6-P 7 7 BR. ACCT.NQ- AMOUNT THE ABOVE HOURS ARE VERIFIED T CO T. CUSTOMER'S NAME - AUT IZED SIGNATURE Igns FOR ACCOUNTING PURPOSES 4471 HOURS RATE AMOUNT �A DATE NET AMT. WHITE-OFFICE FILE COPY GREEN-CUSTOMER'S RECEIPT TOTAL CHARGES► S PINK-PAYROLL COPY GOLD-OPERA P R'S COPY CANARY-BILLING INVOICE -`� /- -- -- -y I- .__.�._,� -- - -- -- ---- — - - - - r -slgna=ure--rt----�---•-- i-- Iu�.vrr�------� ..- TCIephOne Number{L� NOTE: COMPLETE DECLARATION OF SERVICE INFORMATION ON THE REVERSE SIDE OF THIS PART. This form (No.594 Revised 1(801 R Copyrighted by and distributed through DING lNDUSTR CREDIT ASSOCIATION 4213)9$2 7157 IN ACCORDANCE WITH SECTION 30C,7 AND.3098, CALIFOR C1ViL CODE 853513 .Z NOf A LIEN, THIS IS NOT A LECTION ON THE INTEGRITY OF ANY TRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . 9//0 (name of person irm furnishing labor, serv' es,equip- - meni or material) CONSTRUCTION LENDER or Reputed Construction Lender; if any . 6,L- 7 �� (act ss of person or firm furnishing labor, service t� •l� 3 r� ' / - -� epuipmc t or materidl) U /L has furnished or will furnish labor,services,equipment,or v materi Is of the foZ eneral description: (gener clescr tion of the labor, services, equipment or R L _j ma rial furnished or to be furnished) for t building, structure or other work of improvement loc ted� FOLi3 HERE 6Tfiarne - { ress or d scr ption or io - i Is sufficient for entification) of the person or rm who contracted for the purchase uch r,services,equipm or material is: i F'� . name antl a resMferson or fir.Q'yYI./ P OWNER or PUBLIC AGENCY or Reputed Owner (on public work) Y (on private work) An Of of the total price of lfte labot, services, equipment or materials furnished or to be furnished is: 000 (Dollar amount must be urmshed to construction lender —optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are _ Payable, (material men not required to furnish) L�>rp.� �06�t /7D ,!/�i4Gt s<•/7 (name) (address) ConstruAidn loan no. [name) (address) FOLD HERE— (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- ORIGINAL CONTRACTOR or closure proceedings,of all or part of your property being so improved may he placed against the property even Reputed Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or fir giving you this notice before making payment to yo co ractor or (2) any other method or device whit Is ap op ' to under the circumstances. ✓ Dated: C yA.t�r 1� 1 D� signature tilt a - �� � Telephone fVumher 7� �) This form (No.594 Revised 1/80) O Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (2131 382.7151 rl a i1 ') •. ''• Y. t.�:,�,��� .. _r. :rr`: •r `•.5.''"r; 'i7'•'; "err. .a.r_ _ ,. - �; '�` -' ° Z fr •� en 41 :•r+ ••f f o� ❑ 1 P8 Farm 38I1,DOa TOM ! RETURN RECEIPT,REGISTERED,INSURED AND CERTIFIED •' it �:, yr .y ..!. Ab v '�. � ..• �'�,;:rye•'�i~ � � •J2 �± , � aT;• 'I'r•+i •'a Yi• 'L .4-i1a y,'t• �•bY_..�•! '/ n e ��. +� q�A r ' .+� PM W . . �,yp °n •2.i5i° r 'i.c+4� 11S4{in;^k'�.I•'t,.ktl`+o .�,',fir,: .:.� .r� �+`� iq '� � ' .�f, t�r,�:� q`'" /?w. �"y �c-y�;,7.,a ?S Y�•�`t;4s" RFTIIP, � '.�i''.�;':a�� .. d .. ;, �/ •.7 .:� � d d w :• � ;k�� _I",`•,' y,•+�4;.?�,.e'. .:��^s �' `:_ r�Y r"+�..�I.^�,I ,� •T: SrrfPT, O'ST['a"I�.I,'19' FED AND C71TIFIEl3!•A!i WI-SIR r:.• .. a�, ���`w��:is f 1 1 MILO EQUIPMENT CORP. �dy y at' P.O. Box 6495.3412 Westminster Ave.• Santa Ana, CA 92706-0495 714 554-0321 October 16 , 1984 City of Huntington Beach P. O. Box 190 Huntington Beach, CA 92648 Attn: Don Noble - Coordinator Re : Stop Notice Tom Downey Construction Dear :sir. Noble : Enclosed, please find a Stop Notice for 84535 . 00 , copies of invoices and Pre lien. Also enclosed is $2 . 00 for Notification of Completion to sent when the job is completed. If yo ave any questions , please call. Yo s rul f G r s a in Craw o`rd, edit 1anag, j RC/mk I MILO EQUIPMENT CORP. N o Z g 9 -�:; ar EXPENSE ACCOUNT 0 . =• _ P. 0.80x 999 _. . - �i%', 2ICO_RIVE9A, CA90680 ,. r.rw usocurc,- - '0 c o e r.. «AS_8O M�oa►R7NkJH,ptW,:.NEYIfPORT.BEACr4�f:A ti�0- -i - .-.- .. --• - •- -- �. _.. - . - - __ e. 1- - S I --r--- .�L�_�- :l.•.-��• - -- - -- - - - - - - ,-�.,... ..f.. _ ..- is I r - w- i .i,♦•♦a- .{ •'C\ �^-�L'! 1/,��w/f� {rw. DOLLARS /1 A@. PAY I. DSO-' sty-.:ofun= a.i�g: o�? Beach _ f G �' ` ^. I r ,1� e_ �q .F, w- 1 € I• , I « ,C"' i• .�� ��-��l..,A�L,r_ _�;,.;t:"r.l",..�. r�� _- ."_ __ _, r. .... _. __ - r^ l -Y;I.:�I--�'-� I _ - - i��•00 8q:3tI�. q:'1.2.2000.24 ?�:D69 2 029 2 ? Sul 'c,_ L.",.�- gETACH AND RBTAIN.TH16 STATEMENT'- ,_.. .- ~� ".::'�..:_.' i... �i�. - -..I.� ��•_-. •� °-•' '—THE ATTACHED OH[CK IS-IN P061M4NY OP�ITKMB•OKBCRIBEC BELOW.n,NOi GORR ECT;PLEwpR'NOTIFY LIB PROMPTLVrNO RECKIP'r OKBsREU:_ I••^-;!" i'-' �--.-. �, r_ ,t.. .. ._ _ ,ter _ _ - _ _ _ _ [r»-_ •- .. µ_.,_ �.�` MILL EQUIPMENT COf1P.' i DATE _ ' INVOICE_ " r -_.DESCRIPTtON - : AMOUNT:, DEDUCTIONS NETAMOUNT,y! NUMBER• t _ i - PARTICULARS AMOUNT - !17/.84 9-5441 -•Tomi 'Downey Co: str act „ - -" 2=:00` - _ ��" ►f "' fo:"r� Notifirat ion : of - _ i�� :;Co.mp�,eti.on ... i..r .:i..-.'�•p(_ �{���.... r�i I r�l :._ 1 -I r t - `fir � j . LVLr:j'�. � r1_.: - `- --. _ -.� _- .. , . ._ '�i_„�-:�� r.' t :r L' 'L.`r'k�r' 'i• ~t_` :, L=IJ i M' -� I�r I I I I.. �(--ii'1 i.. -t'- .fir Y+.J i.` - - - ,r'I,1.., -...�rt»I e �h r� :�t',{Y a i - .. _ ... _ V_ .. -.• -' -_ _ _ '7.- -.r�� -`•r r - _ _-:rµ^...o [.. _ -I•M1 sl;r,i_ - - ---.- _ ...._...,..,_�.,.-.._.... _.._-.�.....«.�..�. ���...tea-.....ax�.,n:�.�s.ol:••� c� r STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS 041 T0: CITY OF HUNTINGTON BEACH (game of ah-e,, carst%,tion ender or put!ic offcer' 2000 MAIN STREET, HUNTINGTON BEACH HOLDER OF FUNDS. (Address of ohne• or construtt'on !ender; YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, AMERICAN LANDSCAPE SUPPLY 18851 GOLDEN EACH (Narre and address', has furnished or has agreed to fur^`sh MATERIALS (laic,. services, e;uip-neit, materials) of the following kind— 23 WASHINGTONIA ROBUSTA PALM TREES (general descr;pt:-•r.of 'abr,. services, eq:;pr^ent c•materials', to or for ASAHI LANDSCAPE for the worn improvement, located at, or known as: (narie of perso^ ;;, or for;Whorl furn shed; BLUFF TOP STABILIZATION PROJECT NO.CC645 — PCH/GQLDENCH (address, legal description, description of site or project identification) 7, 653. 63 The amount in value of the whole agreed to be done or furnished by claimant is € r The amount in value of that already done or furnished by claimant is S 7) 653.63 Claimant has been paid the suT. cf S 3, 827.00 and there re.Tains due and wnpaid the sum of S 3,826.63 plus interest thereon at the rate of 12 per cent per arnum frorr 25 OCTOBER 19 84 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. 25 OCTOBER 1984 AMERICAbrLANDSCAPE SUPPLY Dated: 18851 GOLDEN'l i Im REET HUNTINGTON BEACH CALIFORNIA 92648 Address of Clairant STATE OF CALIFORNIA COUNTY OF ORANGE ss. **EMILY ANN BRINDLE** being duly sworn,deposes and says: That She is the person4who signed the foregoing Stop Notice; that.She has read the same and knows the contents thereof to be true of h_ei own knowledge, except_as to any matters of things -hat may therein be stated on hQr___ information and belief and as to those matters and things she believes them to be true. Subscribed and sworn to before me OFFICIAL SEAL this 26th day of October , 19 84 lip TERESA D. PADILLA NOTARY IPALtC CALIFpRNtA PRINCIPAL OFFICE IN Notary Public and in and for said State ORANGE COI;NTY ission Expires Apr. 3. 1987 _J TERESA D. PADILLA 17,is standard farm covers most usual problems In the Seld lndieated. Before you sign, reed it, Ell in all blanhr, STOP NOTICE and make changes proper to your transaction. Consult a lawyer if you doubt the form's fitness for Your purpose. WOLCOTTS FORM $&q—Rev. 2.73 G i� OPtJ /c L1 r�-av J STOP NOTICE 0010 NOTICE TO WITHHOLD TO HOLDER OF FUNDS TO: City of Huntington Beach (Name of owner, construction lender or public officer) 2000 Main Street Huntington Beach, Ca. 92648 'R HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant. 7831 E. Alondra Blvd, RANGE EQUIPT�ZNT RFIVTAL, LNC. P.O. Box 154 Paramount, Ca. 90723-0154 (Name and address) has furnished or has agreed to furnish Operated Backhoe — Ten Wheel Dump Truck P (labor,services, equipment, materials) of the following kind Slope Repair (general description of labor,services, equipment or materials) to or for Tom Downey Construction Company 2364 Burnham Drive Ojai, Ca. 93023 for the work improvement,located at,or known as: (name of person to or for whom furnished) CC 645 Project Bluff Top Landscape — Pacific Ccast Hky. B/T 9th St. & Goldenwest (address, legal description, description of site or project identification) . The amount in value of the whole agreed to be done or furnished by claimant is$ 8,390.50 The amount in value of that already done or furnished by claimant is $ 8,390.50 Claimant has been paid the sum of $ —0— and there remains due and unpaid the sum of $ 8390.50 plus interest thereon at the rate of l0 per cent per annum from August 30, 1984 , 19 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: September 20, 1984 RANGE EQUIPMEIIPI' RENTAL, INC. Name of Claimant P.O. Box 154 Paramount, Ca. 90723-0154 Address of Claimant STATE OF CALIFORNIA COUNTY OF Los Angeles ss' Janes L, Paholski. General Manager being duly sworn,deposes and says: That _be is the person(s) who signed the foregoing Stop Notice;that.—he has read the same and knows the contents thereof to be true of h_ own knowledge, except as to any matters or things that may therein be stated on h— information and belief and as to those matters and things—he believes them to be true, �1 Subscribed and sworn to before me this 20th day of September 19 84 K. BARB:ARA L SEAL I? LEMMONNotery Publie an in andfor-said Stet -CALIFORNIAES COUNTY es APR 10, 1987 7831 E.Alondre Blvd.,Box 154, Paramount, CA Wo twWard farm carrots mast utaal ptablemt is tlta Bald Iodieated.Bdfore 5: slgr l 2ead IL AnInall blamer. GTOP NOTIC! m and make ebansse pw to your�• Conadt a lawyer if you doubt eba loan a Stnest for Your purpose, WOLCOTTer MAN sea--Rsv, i•ya Ip(mcec1sas3) 0.1,ed fro•, CALIFORNIA CONSTRUCTION LAW Me,raUAL (available from Building Industry Publishing Co., 1666 Corinth Avenue, Los Angeles, California 90025 �.' BIPCO FORM 5 A y LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS ,. (Public or Private Work) f{ TO: City of HuntinZtg"e=h— PROJECT: Oil NiX walIniays (Name of owner, public t,dy or construction full rnclder; - - - ;Hame) - t740_i?ain_-Sre _ _---__— _-- -- on the beach (Address. It directed to a bank or savings ar.d loan assn., use address of branch aoloing fund) - ;Adcressl Huntington BeaCht--Ca.92E4,9 Huntington Beach, Ca. (C;ty. state and zip) (City, State And Zip) - TAKE r;OTICE THAT -SOLI-Stabilization-t•'1-ixin (Name of toe pers?n or firm claiming the sto �~ - -�etice. •_cased con'radors must use the nacre !:rider wh,cn contractor's license is issued) whose address is 491.7 Chino Ave. . Chino. Ca.-91710 IA::dress of persoi or firm claiming stop nsb=e)has performed labor and furnished rr!atcrials for a work of inip.o-ea'ent desc•ibed as folvois: —MixEd- il-wit?-�per-ited a • machine ---Huntingtan_Beach,-Ca (;lame and location of tho ;"eject where work u- materials were turn-shed) The labor and materials furnished by claimant are of the fol.o'vfing general kird: _ men ° • � r• Tarns fiiXex DEPT, p, t - ,Ge:cral zescrplion of wo:k and materials furnisW) The-labor anJ materials were furnished to or for the following party: _. Tom_Downe--Con-tr- - Lloyd Ha ki ns ---- —_ -- - - - ;Ya::•c zf .a-ty wr3 or:.'ercd !r,c werk er rsateria'hquNru"MYON BUA - . - The value'of the whole amount of labor anc materials agree(; ;o Le furnished is (Total of everytning c'aimant agreed or contracted to furnish) - - _-- - -- --- -j-- -- - ----------. Clai rant has4been paid. : The value of the labor and materials fl.rnisned to da'e is � _ t'c!1I .aEce e.` eve-ytaing ac:cal!y tan:she' by claimaali the sum of ano there is due, oyv.ng, and unpa:c the sum of $_-_-2044 00---- together - .. (Tutal arrount wb„h has b@en Pa-d le claimant) fnalance duo to tla,man! on the project) with interest at the rate of - -___ __ _ _ _ per a;ium from -- 19--, (Irterest as sreci.'cu is c.ctrac!.��t n.ie, legal rd!e 3 7r, toa:e�whcr. :.n^,a.: calacce became diej -' You ate required to set asidry sufficient funds to satisfy this claim with interest. You are also nol.f;eo that claimant c'a;ms an equitable lien against any construction fundsifor this projeu vi:-itch are in your hands. FiR-'J :I ti.tt: SoilSaba lizatioxi Mixing __Z�y}rc.__-- :f,ame o! stop .-ce claimart — see instruuc�-oils lOr "a!a By: — Itl' r0wrer or a ent cI sap Mice claimar.. must sign here and verify below; VERIFICATION I, the undersigned. say: I art t!:c —Siice--President-------- --- ---..----- _—. the clairant of the foregoing Fre:arrt of' "a:u;;rr o° "f+ puce o" , [i raer o'.' r.!c.;• Stop Notice; I have read said "top t;ctice a'Id know the co;itents thercof; the same is trUe.of my own knowledge. I declare under penally of perjury that the foregoing is true and correct. Executed on _.$_-----.-_-- ._ - - 19-S4- at Chinn. .__--------- .-- _--_ California.. - (0a:e this document was signed) Name of city -et stop co:¢e s gne•':- - ran` awCe --__--- — :Ji` sora- - ^-tz;v -r tie ,-'nodael w;:o -s swearing .. r - t,at :Ce conrcrs o, stao ne:,cc a-e lr:e: ~ SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS 1.111 ml i, twin inrnrr Ma 1 in,,Ier/'n nn 4rrO /1„_:•..R. A......,.,, r,... A---1— .1-1:1 AAA RL ,may- wl CALIFORNIA,PRELIMINARY NOTE ;Er`1!pN ,5 11RFCTE EC 6 TO STIONS 3 i)8 AN 3111, CALIFORNIA CiYll CODE '+i`i :•' h L_ ::L '• YGE. IIIA' I :; i•.i• I.i ' l+Ili ' FOR Lrfl0R. SERVICES. EQUIPMENT OR MA RIALS FURNISHED.OR TO BE FURNIS"L D, THE IN.SrkCV . �r, 'ROPERT'r ::4'HICh 'S DFSCzIticD HEYLGNI A,%AY B: r.A.Cl TO MECHANICS LIENS' iTHIS STATEMENT 15 APPLICABLE 10 PRIVATE WORK ONLY 1 8113 -I IS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. OU ARE HEREBY NOTIFIED: p - - DATE An gLL$�8.f.-1;�L74 1a1 THE UNDERSIGNED HA$ FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: r___aWa__StabiJjZatinn Mixing- Tnre INAMFI :DESCRTtION OF MArERIAL5 LABOR SERVICES OR kOu PMENI FURNISHED i 4917 Gino Ave, , men & eguipmant to mix oil 'ADOREW .G:VIDUAL OR Chino Calif. 91210 FIRM -C11111 ISIATEI rZ1Pl BY: on the beach 'SIGNAILIREI . IAUDRESSOF BUILDING.SIRUCTURk.WORD;OF IMPROVFMkNtI Vice Pr2eid_ent 8-8-84 Huntington Beach C_a._ .IITLE� :OATEI •CI1yl d1AiEl tZIP, rs[NAME AND ADDRESS OP THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER N bRls are nat paid In full for Ilse labor,services,equipmenl,or malet- Tom Dowse Contr (Contractors Inc.) tali lurnfshed a to be furnished, a mechanic's Ilan leading to the loss, through court foreclosure proceedings,of all or part of your property being so improved may be placed against The property even though you have paid 111ayd Hawki•n.ett - -- - your comroctor in full. You may wish to protect yourself agalmt this con- _ sequence by(1)requiring your contractor to furrrhh a signed rolease by the • person or firm giving you this notice before making payment Io your can. tractor or 121 any other method or device which Is appropriate under the circumstances. — City of Huntington- Beach TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE TO: ,O t�owrvEk• 2000 Main Street NAME s OR. • .,B.C AGENCY Huntington Beach Ca. 92648 ADDRESS - 13EPT. Op PLJI3L,IC WORIts -_ n''II ••�� tr�r� NAME TO: ADDRESS ' --— ORIGINAL CONTRACTOR NAME OR REPUTED CONTRACTOR ADDRESS iMATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVEi NOTICE TO: TO CONSTRUCTION LENDER ONLY _.r.,.U(_r'CN Cit3r of Huntington Beach ESTIMATED TOTAL PRICE OF THE_LABOR, SERVICES, RE OR1 tU - EQUIPMENT OR MATERIALS DESCRIBED HEREON. r ,CN51 RvC;'ON I�/'y'►W /►/� LENDER $ 2Ve W_ OF OF SERVICE AFFIDAVIT (SECTION 07-1,CALIFORNIA CIVIL CODE) 4a"w 480;i�� 70 ,declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑ By personally delivering copies to at Inome(sl and Islets)of person served! !address' on 8-8-84 19 ,of Chino _.rn. 10:15 am (dare) (time) (b) ® By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties al the addresses shown above on 19 aeclare under penalty of perjury that the foregoing is true and correct. Signed of California, on 19 ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] SIGNATURE OF PERSON MAKING SERVICE r3�okCX=we 4S"9 POLY PAK J50 SETS)4Pu9 LENDER COPY RECE9V [7 DEPT. OF AUG 17 1984 STOP NOTICE (PUBLIC WORKS) Hu`N'rn GrrCLl BUAC**, CA.:JF. TO: DON NOBLE, Public Works Department, and to CITY OF HUNTINGTON BEACH: YOU ARE HEREBY NOTIFIED that the undersigned claimant, RETAINING WALLS COMPANY, a California corporation ' furnished materials for the construction of criblock retaining walls to Tom Downey Contractors, Inc. , pursuant to that certain contract made between the CITY OF HUNTINGTON BEACH and Tom Downey Contractors, Inc. , for that certain public work of improvement consisting of the bluff top landscape project Phase 2, located in the CITY OF HUNTINGTON BEACH, at or about the area between Ninth and Golden West; and which is and was the whole of said materials agreed to be furnished by claimant; That the contract price of said materials was and is the sum of $148,530.80, and said sum was and is the reasonable value thereof; that there has been paid and credited thereon the sum of $112,392.72; and that there is now due and owing to claimant, for and on account thereof, the sum of $36,138.08, in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen and others under and by virtue of the pro- visions of Division III , Title XV, Section 3103, and Sections 3181-3214 of the Civil Code of the State of California, and prays that you with- hold from said original contractor, Tom Downey Contractors, Inc. , sufficient money that may be due it or that may become due it for said materials to answer and pay the amount of this claim, to wit, $36,138.08. DATED: August 14, 1984. ecretary of R aining Walls Co 7pany w VERI F I CATION I am the Secretary of RETAINING WALLS COMPANY, a California corporation; I have read the foregoing "STOP NOTICE and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matter I believe it to be true. certify (or declare) , under penalty of perjury, that the forego- ing is true and correct. Executed at San Diego, California, o Au ust 14, 198 . JO N M. T RNER RECEIVE DEPT. OF PUBLIC WORKS AUG 171984 HUEr - CM0H 13gAG3_v QA LQlr. DK:081384h/JPWRK2 �nx O�,4l�C� DEPT. OF PUaL.IC WORT}' �d S A U G 0 8 1984 S -T 0 P N O T I C E HtMWOMIN BZAC*, NOTICE TO WITHHOLD TO HOLDER OF FUNDS TO: CITY OF HUNTINGTON BEACH �2000 Main Street / Huntington Beach , California 92648 YOU ARE HEREBY NOTIFIED THAT the undersioned Claimant PREMIER SERVICES, INC. , has furnished or agreed to furnish materials , being miscellaneous structural steel , to and for Tom Downey , Contractor, for the work of improvement located at Pacific Coast Highway and Golden West and known as Bluff Top Stabilization Project, Huntington Beach , California. The amount in value of the whole agreed to be done -or furnished by Claimant is $14',943. 61 . The amount in value of that already done or furnished by Claimant is $14, 943. 61 . Claimant has been paid none of said sum and there is- diie and unpaid the sum of $1.4 , 943 . 61 Plus interest thereon at the rate of 10% -(ten percent) per annum from Aug . 1, 1984 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: Aug . b 1984 PREMIER SERVICES, INC. ED WAGNER, Preside 2323 West Lincoln Avenue Anaheim, California 92801 STATE OF CALIFORNIA COUNTY OF ORANGE } ss . ED WAGNER, being duly sworn, deposes and says : That he is the President of the Corporation which signed the foregoing Stop Notice ; That he has read the same and knows the contents thereof to be true of his own knowledge, except as to any matters or things that may therein be stated on his information and belief and as to those matters and things he believes them to be true. ED WAGNER, President Subscribed and sworn to before me'YOLw_��..w_'�..� this m_day of Aug ,g , 19 8 4 OFCIAL A. SEAL Y 4 Notary Pub fie•CaUtortils ORANGE OOUWTY %TMy ammm t xpt tlor 29,ISM Notary Public in nd .for aid State '""""""""'"' F -r RL4AINING WALLaAC00 P.O. Box 2129 Escondido, CA 92025 (619) 489-1 108 Caklornla Confraerot a Ucanse 1377577 APPROVED AS TO_ FOM1 GAIL HUTTON y City Attorney June 27, 1984 By, v Deputy City Attorney City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Don Noble Re: Blufftop Cribwall Stop Notice Release Pursuant to the June 26, 1984 conversation between Don Noble of the City of Huntington Beach and Ryan Wilson of Retaining Walls Company, this is to release the subject Stop Notice. This Stop Notice was submitted by Certified Mail on June 12, 1984. The amount of claim, $134,640.00, is against the Tan Downey Contractors Contract No. 645 for the construction of Blufftop phase II Landscape Project, between 9th and Golden West . This letter releases the claim of Retaining Walls Company for the crib materials it has supplied to the subject project. Tan Downey Contractors has tendered checks representing c outstanding monies. P u• Wi r, es'den W. Ryan Wilson, Secretary MW:bjb C K' S T 0 P N 0 T I C E %(��/ DO NOT USE THIS SPACE (Civil Code section 3103, 3181-3187) Claim No. SUBMIT ORIGINAL ONLY Filed Contract No. TO: DIRECTOR, Department of Public forks City of Huntington Beach Name of Claimant Retaining Walls Comm_ any --(Print Clearly) Address P. 0. Box 2129, Escondido, Ca 92025 (Street or P.O. Box) (City) (State) (Zip) Against Tom Dovney Contractors, Inc. arty Who Directly Ordered Your Labor, Services Equipment .or Materials) Amount of Claim $ 134,640.00 NOTICE IS HEREBY GIVEN, That above named claimant hereby presents a verified statement of claim under and by virtue of the provisions of Section 3181 of the California Civil Code and a contract between the City of Huntington Beach and Torn Downey Contractors Contract No. 645 (Name of PrimeContractor) for the construction of Blufftop Phase II Landscape Project, Between 9th and Golden lVest. (Location an Generalescription - Improvements ) for Crib Retaining I'iall: Pre-cast- concrete crib elements TGeneral Description of the Labor, Service's, Equipment, and/or Materials performed or furnished) i IMPORTANT, PLEASE COMPLETE Do you have a direct contractural relationship with the prime contractor? es o Is the claim for ACTUAL LABOR for wages awing claimant? es ffN o If the answer to both questions is NO, please complete the following questions: (a) On what date did you first furnish labor, services, and equipment, or material? 19_ (b) Within 20 days of that date, did you serve a preliminary notice under Civil Code- Section 3098 (1 ) On the prime Contractor? Yes No (2) On the Department of Public Works? e T�]o That the total value of Materials (Labor or Materials Or EquipmentRental) agreed to be performed or furnished by claimant is $ 134,640.00 That the value of Materials (Labor or Materials or EquipmentRental) 1 SO furnished as of the date of this notice $ 134,640.00 (Performed or Furnished) That such claim has not been paid, except that there ; has been paid thereon the sum of $ -0- That there remains unpaid which is due this claimant and unpaid $ 134,640.00 VERIFICATION I, the undersigned, say that I am the person named as claimant or repre- sentative in the foregoing claim; that I have read the same and know the contents thereof; that the same is true; and that a it contains, among other things, a correct statement of my demand. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 12-thday of June 1984 a Escondido , State of California. igna re of Claimant or Representativel - Retaining I-VaUs companZ (Name of Firm) P. 0. Box 2129 (Street or P.O. Box) Escondido CA 92025 (City) (State) (Zip) } .:.. :. - R AINING WALL : +.0. Box 2129 - Escondido, CA 82025 (619) 4891108 -- r Cwfmokwt Low"ft71577 STATEVM April 23, 1984 Tam Downey Contractors, Inc. r 2364 Burnham Road Ojai , CA 03023 Re: Bluff Top Cribwall Huntington Beach � . :Per Terms Of Purchase Order, - After 2,000 Square Feet of Block Delivered To Site..-.�::......:..$15;000.00 = - 70TAL DUB & PAYABLE..::......:...�15,000.00 -C283-11D9 - _ ur •lv. ..-ILi.^.r •4. _ _ .1'. _ . _• tiff• _ '3_ .-~• �iiF ,- -,l r. ____w�.Xt�ataL�rww.��.itY•+MW�dYws-w-_ .__ __ -_aWrrr---_ - -...Ylw:..nw-�xi'Jtw�`..1i+�4 — -�.+ti..wr•:.:rILL�-w•iYr�..:yaa _ _�Y>.r.r -.�.r•Y•r-.fir. - _ -� � _ =-+'are,"sr y-s•�.�='[F .iru ".rf".`�v-s3 "c;y,'� s ti i. ' -�' .f.`,.4ti :v'z.�� T`:- r[-. �� .z:..'...J•:..1':'Y.'t,r... ;''•'.•:,_-:t- _ _r._ a'^-� - .ka:�_�- .r`Y AINING w AL v !. r _ 'Eic)ndido,-CA 92025 '1819) 48$•11084 . - _ CARlomr Cut[traetorl LAW" STATMENT - - - April 30, 1984 E _ Tom Downey -Contractors; Inc. 2364 Burnham Road - - Ojai , CA 93023 - Re: Bluff _Top. Cribwall 'Huntington Beach -PROGRESS,PAYMENT _ 10;=D00 Bq. .`=F.t. 'Of -Block _At7.00 ti .VaX:At raa�D• . .µ .•:- . ;4.,`�00 00 OO:DO �Deli�ver •-At'u .50-�er�fi .• :Ft•.`.=:� :- ����:. 'S;'D .- . _ = - - 19 200:00 - _- -Total-- ue. .s _ w mess 'Previously 'Billed: , . - —.000."00�' _& PARABLE 64')200.ADO - ..Yrf�f'f~" ±�e-Y� •nS4 .-'C F _ -k- Y.T:i�Y.�.~ .�i_ .���'• -+- h.-, ir; �-�5�;.,L� - _-`•Y` •i=:•w-. •�" h"-._{' -:�:.. -_[w}.-Cyst'- _ - - - - - - .r}:,� ,ii;.n1�..ems•'--:' - --'h- - -5--. - - nx its'� ,1: - •L" - !'.�.,tlt' •\.:- - - _ •.r ,y fit - _ •s�!M _tom:.�_._ _ _ _ _ _ - :`. .}_-. r.; +C2$3=1�08:s �r;,. a y ::1. •-:F,y - - ..\'.� 1.' .S arp..rr,, r-.�I'f'•�.�fi[ ..h f?R.f.- t,_X.F �•f =5-1r •.:-- ..`Y' ':1l sf� ;,yrYt-'`���::M""a.„,_-� ~�vr'rt•'� :v-ti'y-- �"� :�•-,* , iY�•`4s- •?!-3:y, i- •{ `! -,f_'Y ' d ,•�r, �4.\� �,5 =.:-=:.-� -; 1- t Fr. :.R"e•y�ey 'r=� z\ } �e-H _•��_,��'4;� _•, +.�- �.,� ,.,,�,'y5:-r r ;:f-•.. et' __�.s •:::.�•�1 k _ ., y_ ti.�[, '�-_..,6� I- •4. ,�..__ �^ T•'�. � w�,• :•',�r +'•-�+�� r•' � f s_ � yt`.^;S_ `..J '1 1*t_s.=,a;" ,y .r.._� '%. • _ ~ -•„�• 4 Y'{�V+.�..3^' 1 'J,Y. 'L� - �++.h�7t°r- ._. yv: _ aY :.•,. �.- --s Y r+�.2y lc s `<."ter".�`,'ti•.%+n. 5.. S:`•:`i-►+�y`"��i.:8:�� .. __ �ri�.. ,:. ;r; `�l:.r�1;W - _mot' �� I.T iF` Sae _•:a'w ]F k'.•. --. .�. __ _�)'.-, �-L��•• ,i��� *t_'.-�..f��..:�_! � •�� r `�i! �;^ _ i�:.u �'F,1`r �a.� �-. �.[,..4•_ �:: �j�( ,- '� :6Ktit��Y:G:S'�,.`.+�`'e:�'�r-^'�"\"f hy�' �=i[•��7J � r:•: '\ 'r_'ice: •L7�r.F.++7:�` t_'.^L•a.•-r-.c _..' vi+• '..'� y-:P '"�: z�i t,. �• �.�C-� �5 �'a•.���[ "�`','b'- �rtO�S"!.\AF-�'T�"` '7��-''•' rt 3 kYt.d�4:Y. _..�.:-.�,..i:;:.�i!' •-:iC�:1'e:7.7'^�i w-shs.;���.,z..�' ��L_....., fd xK � �' •'L� ..:�i+c ',y�`%sl] .��.;+. y �• t-•�:?_,, Sx-3 w.;?S':,J.4"-Y;;_ . s-:J� �•`"t:;_'�'-i'.:�'3a...��.L"i��+„=�y'�.�l,.Yti+ .f �f".tN,�•�S v �`1d{r<;`�' s."`-n."'i::�:�.�+i�jY,r .x' -�.'S3 r�.�'c.y,r a_y4.-:- :��, �i�Z tL'�sV'.".�. is ,�,. !'N' .0:+.;;�--r -+5:.'.•'�.ir.- i•-_- v'��i .:f,- A:el��l•�rt a-air..�'.r.. _ rr7.i.� fr 's:y-.ti .r_ :r \. SAY,+d �• -^4-` Z' ';.7 _+.y` qf}'.::••� - - '.L' y. :4 .�=� '.,r'�;y._ :wc`_yti '�.=_ S -:+A�s-:;-x ''=:'�:-`�����'Y� :•5•!.�,\, � __�.;s..� •'�'�-�'.r ��1�� •sue >~ , y�.d i,` - K --(.• -1 R [ �' J•: -�', .Yip"" ts. s.• �i•. _ ,{'.. wr_t�k�7+; 'af7."•,i�_•t-;:3ti � ..- -s•- r'•..x_}.. •fr, •S,.;1•,- - •r" -:�":L. 5, -� :C_ _�_, ,'::,, -�.•'`' K 'i� �- :: ,. J .'c,. -=`f Y.-._,-,+._;'.`- "'s-�. 4'�rd!.�-.•t��-...f.e_rs�=�e5•y"rr}- .-.� a� �R -� a-+.�'[[� .?- ' •-• s•+,."\r -tj-ram.'=.f_.;,,_.•s ,J..a-a--.. .Y ; N•:•,.-"..±-} .� sEy r�i` -tf •�ti' '�'y..S.-:"-� 1� -�.+a,: �_.._.- �_ h•� s'• R,�� _ .y zy�..: i - I. .t-=.r„s c"t-_�f 9• 'Y- �r�" --- - -rtsrd.76h..-.If-_I.�TI4'i�.r:x_i:�v�o,.�_.-.-_•�._Y,°aw•+,.:.-s:�er[s.l�...+.::��,ri ':�.r. RprAlNING WALL CO. P.O. Box 2129 Escondido, CA 92025 J619) 489-1108 Cowomie GOrtlricfo+i Move IJ77l77 STATEMENT June 8, 1984 ,•�,. Tom Downey Contractors, Inc, 2364 Burnham Road .Oiai ;'CA 93023 Re: Bluff Top Cribwall. Huntington Beach PROCESS PAVENT _ 17,000 Sq. Ft. Of Block At $7.00...............$119,000.00 Tax At 6%. .............:......:........... 7,140.00 Delivery At $.50 Per Sq. Ft..........:.'.'.. 8,500.00 IWAL DUE $1340640.00 :Less'Previously'.Billed.....:....:......... .79,200.00 . 'IWAL DUE & PAYABLE THIS STATHAENT $ 55,440.00 C283-1109 _ CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 13, 1984 Tom Downey Contractor, Inc. 2364 Burnham Road Ojai, CA 93023 Enclosed is an executed copy of the contract with the City of Huntington Beach for Bluff-Top Landscape Project - Phase II , in the City of Huntington Beach, Project CC-645. Also enclosed is your Bid Bond which was submitted with your proposal , Alicia M. Wentworth City Clerk AMW:bt Enclosures (Telephone:714-636.5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 13, 1984 Gillespie Construction, Inc. 3004 Deodar Avenue, Suite D Costa Mesa, CA 92626 We are returning your Bid Bond which was submitted with your proposal for Bluff-Top Landscape Improvements, Phase II, in the City of Huntington Beach, Project CC-645. The contract for this job was awarded to Tom Downey Construction of Ojai . We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714-636.6727) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 13, 1984 Mathis Environmental , Inc. P. 0. Box 189 Cucamonga, CA 91730 We are returning your Bid Bond which was submitted with your proposal for Bluff-Top Landscape Improvements, Phase II, in the City of Huntington Beach, Project CC-645. The contract for this job was awarded to Tom Downey Construction of Ojai . We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone: 714-536.5227I REQUESP FOR CITY COUNCIPACTION Date November 3 1982 Submitted to: Honorable Mayor and 'City Council Submitted by: Charles W. Thompson, City Administrato �I Prepared by: James W. Palin, Director, Developments ?ices Paul E . Cook, Director, Public Works � a Subject: BLUFFTOP LANDSCAPE PLAN - BOLSA CHICA�STATE BEACH HIGHWAY; CC-597 Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: - A conceptual plan for Phase One development of the Bolsa Chica State Beach bluff landscaping project (between 9th Street and Goldenwest Street) has been completed by Presburger and' Associates as authorized by the City Council at the February 16, 1982 regular meeting. In order for the consultant to proceed with the working drawings, the Phase One development plan needs to be approved by Council. RECOMMENDATION: Approve the conceptual plan and authorize the landscape architect, Roger Presburger, to complete the final drawings and specifications for the Blufftop Landscape Plan. No additional funds are necessary for completion of this task. ANALYSIS : On February 16 , 1982 , the City Council selected the firm of Presburger . and Associates, Incorporated to prepare conceptual plans and final drawings for the development of the Blufftop landscaping in Bolsa Chita State Beach adjacent to Pacific Coast Highway between 9th and Goldenwest Streets. The State of California Park and Recreation Department, Chevron Oil, Aminoil, the County of Orange and City staff established criteria for the development of improvement plans. The conceptual plan for Phase One of improving the bluffs along Pacific Coast Highway is limited to landscaping, protective guard rails along the bluff line, park benches and walkways . Later phases include provisions for additional beach accessways and on-site park- ing. Preliminary cost estimates for Phase One are as follows : Estimated cost of Phase One: 311 , 776 . 00 Funds available to date: 112 , 675 . 57 ' Subtotal : 199 , 100 . 43 �i BLUFFTOP, Cont. • • Nov. 3, 1982 . Page 2 Revenues Pending* $100 , 000 . 00 Unfunded Balance: $ 99 , 100 . 43 FUNDING SOURCE: 1. Donations ' (A.)59 account = $81 , 175 . 57) 2 . Parks Acquisition and Development Funds (790606 account = $31 , 500) 3 . Orange County Funds ($100 , 000 pending execution of. contractual agreement 4 . Uncommitted Revenues yet to be determined (99 , 100 . 43) ALTERNATIVE ACTIONS : 1 . Deny -approval of the conceptual - design and request the development of additional alternatives 2 . Deny approval to proceed with final drawings and specifications until the City acquires sufficient funds for the implementation of all improvements in Phase One 3 . City Council pursue community donations for unfunded balance of $99 , 100 . 43 . 4 . Reduce scope 'of project $99 , 100 . 43 by deleting, as required, improve- ments on ocean side of existing bike - trail. ATTACHMENTS : 1. Fiscal Impact Report 2 . Council Minutes o'f 2-16--82 3 . Request for Council Action ,dated 2-16-82 JWP:PEC :DRN: jlm * Receipt of $100, 000 pending execution of contractual agreement with the Orange' County Harbors, Beaches and Park District. VI 011` • �l� is �"a . .. -• �:._- - ERVICE i [ WILL CALL PHOKE�� DATE �-, s ❑ TALL DELIVER tt NAM MAKE �j• - APT MODEL - - +I SERIAL - ': ITEM O BE SERVICED NATURE OF SERVICE REQUEST k t: fiL41" DESCRIPTION KIFUFARTS OR MATERIAL AMOUNT a i 'sI iE t i Af deg `i LAB ER ED TOTAL �� -• _ - -M ATERIAE, _ E _ TAX TO A if LABOR f — - — TOTAL' s ?s ORIGINAL - - - - - 'i! DATE WANTED DEPOSIT I 1"ECA) it i-' ii ESTIMATES ARE FOR LABOR ONLY, MATERIAL ADDITIONAL. WE L NOT BE RFSPO45-BLE FOR L055. OR DAMAGE ! is CAUSED BY FIRE,THEFT.TESTING OR ANY OTHER CAUSES BEYOND O R CONTROL. !� 45 455 0 Au+hor.zed by — - Poly Pak 50 ws IPI55 TERMS - NET CA2L6 GOODS HELW EB 30 DAYS -6002 ' `•❑ SERVICE I S Cl WILL CALL PNOME DATE ❑ I LL DELIVER_ MAKE APT. MODEL � • �. SERIAL { !° E SER ICE INATURE SERVIC REQUEST - I I ir4 'F QDAN. D IPTION OF PARTS M L - --I AMOUNT - --' -- t i` i� •r 4 1f ityr LABOR PER FORME ., :? VVV TAX i TOTAL. -_- • -„ LABOR i .L -I -- - - ' - TOTATF t r aF ORIGINAL REPAI A '" gl �t DATE WANTED DEPOSIT E REC'O R �} ESTIMATES ARE GOR LABOR ONLY MATERIAL AOD�T'.ONAI. WE W NO7 BE RESPONS BLE 'O LOSS. OR DAMAGE a# CAUSED BY FIRE,THEFT,TESTING OR ANY OTHER CAUSES BEYOND OUR CONTROL. 7. IS 4Si - 0 Authorized By�� Poly Pak(SO sets),tw5 TERMS - NET CASH NO GOODS HELD OVER 30 DAYS ❑ `TILE WILL _ALL 1 PHONE i ❑-r Li ❑-OELfvCR _ _ _ ' NAM - MAKE ; [ rf T- MODEL j( SERiaL r 30 - ;e ITEM TO SERVICE N URE OF SERVICE REQUEST jl OUAN U E.CRI-1I0 OF PARTS O AT I AMOUNT -` :l - 1 it '1 ;I r it >i jr -E 7 a k,f LABOR PERFORMFO TOTAL _ '• r - -- - -MATERIAL - I` i TAX _ - - "'TOTAL r - LASOR -TOTAL- ,l S' ORIGINAL - - DATE WANTED DEPOSIT 1 RFC O BY ft ESTIMATES ARE FOR LABOR ONLY. MATERIAL ADDITrONAL WE WILL NOT OF RFSPONS.B.F LOR LOSS, OR DAMAGF 'e tj CAUSED BY FIRE,THEFT,TESTING OR ANY OTHER CAUSES BEYOND OUR CONTROL - 4$455 �AUThoriied 8y ' , n Poly Pak(50 sets)4P455 TERMS - NE C S NOG D HELD OVER 30 DAYS 6 0 3.1" E SERVICE ❑ WILL CA — PHONE :ATE INSTALL 4 ❑ DELIV - :i E MARE �r APT. MODEL _ •' �{JJ✓✓ e r- ry SERIAI +y 1T TO BE SERVICED rURE OF SERVICE REQUEST 1• t — y r ;j pUAN pE5C RIP7ION PARTS O A7ER L - AMOUNT i ;� 1` ho • I LABOR PERFORMED TOTAL I w— .r .MATERIAL — - - - '4Itf c TAX - ^LABOR - ._ -- - - - •i TOTAL - :€ Icy i rI OWGINAL - Alft ORDER ---• - - - - Iq YOA 7E WANTED DEPOSIT TECID BY • k {F (Z ESTIMATES ARE FOR LABOR ONLY. MATEWAL ADDITIONAL. WE WILD NOT RE RESPONSIBLE FOR LOSS. OR DAMAGE iiF CAUSED BY FIRE.THEFT.TESTING OR ANY OTHER CAUSES BEYOND OUR CONTROL. 45 455 0 Authorized By - Poly Pak(so sots)4p433 TERMS - DIET CASH NO GOODS HELD OVER 30 DAYS y Ilk • - - PROPOSAL PROPOSAL -and CONTRACT Date _ . „ ? ' �+3 ,19�7 TO 'AG • Dar Sir:" 1 - propose to.fur 'sh all mate ials and perform all labor necessary to complete the following: Ir /1�P/! r!?,.' '• :�ly' �sYI/Ll - !f"'� �- "sue All of the above work to be completed ji a substantial and i", kilike rr► ner according to standard practicq for the !• " / -- C Dollars sum of Progress payment , o be made l _ r as the work progresses to the value of -� ✓����' per cent( _q6 i of all work completed. The entire f rfK amount of contract to be paid within (/ days after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same,and will become an extra charge over the shim mentioned in this contract. All agreements must be made-in writing. t. I J 4 Name and Registration :Number of any salesperson who Respe tffully sublmitt�d, solicited or negotiated this contract: By Name No. Contractors are required by law to be licensed e i30 �Ad e�s-2_142jl_ jam! and regulated by the Contractor's State License Telephone r' Board. -Any questions concerning a contractor may Contractor's State License No. be referred to 'the registrar of the board whose address is: You, the buyer, may cancel this transaction at Contractor's State License Board, any.time prior to midnight of the third business day 3132 Bradshaw Rd. after the date of this transaction. Sacramento.California 95826 ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the.work mentioned in the above proposal,for w i h agree to pay the amoutit mentioned in said proposa and according to the t �sT&eo f! ACCEPTED L� l Ct 4 1 ��J Date , 19 r NOTICE TO OWNER Under the :Mechanics' Lien Law, any contractor, ment or_a modification thereof, in the office of the county subcontractor, laborer, materialman or other person who recorder of the county where the property is situated and helps to improve your property and is not paid for his labor, requiring that a contractor's payment bond be recorded in services or material, has a right to enforce his claim such office. Said bond shall be in an amount not less than against your property. fifty percent (50%) of the contract price and shall, in addition to any conditions for the performance of the Under the law,you may protect yourself against such contract, be conditioned for the payment in full of the claims by filing, before commencing such work of claims of all persons furnishing labor,services, equipment improvement,an original contract for the work of improve- or materials for the work described in said contract. AICO FORM NO.55-037-CALIF- PRINTED IN USA ,1 FORMONT INSURANCE COM&Y Burbank, California POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint ARTHUR J. CLEMENT, JR of BURBANK, CA California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Cotn- panv as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSL:RANCE COMPANY thereby, and all of the acts of said Attorneys)-in-Fact; pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the vice president,the c ie financialofficer,or the secretary o the corporation may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney,for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND, Anv bond, undertaking, recognizance, consent of surety or written obligation in the nature t ereo s a e va a—n- binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed,if a seal is required,by the secretary or assistant secretary,or shall be valid and binding upon the corporation when duly executed and sealed,'if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting"duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any power of attornev or special power of attorney or certification of either given for the execution of any bony, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal,when so used,being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation,to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 4th day of October, 1983. �r,lilrlH rhgrfrrr .� '`,\aSU.R��L'•'' FAIRMONT INSURANCE COMPANY :O '- By 1970 ...y....,C.• W ��� Signature ��",,. AL tr-�I��`�,, Tanna P. Handley, Secret •�IIf1lllllltl Printed in L S A. (Over) SPA-9 State of California s. County of Los Angeles Tanna P. Handley, personally known to me, was by me duly sworn, and did depose and say: that she resides in the State of California; that she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of her office under the Bylaws of said corporation, and that she signed her name thereto by like authority. Subscribed and sworn to me this 4th day of October, 1983. =- CALIFORINIA SEAL SELEEM WCALIFORNIA Signature�-COMPJudith A De Sellem is DEC 13. 1983 Notary Public in and 4405 Riverside Dr., #204, Burtmnk,CA 9IMS for said County and State. CERTIFICATION I, Patricia J. O'Brien, Assistant Secretary of FAIRMOI`'T INSURANCE COMPANY, certify that the forego- ing power of attorney, the above quoted Sections 13. and 14. of Article IV of the Bylaws, and the Resolution of the Board of Directors of October 4, 1983 have not been abridged or revoked and are now in full force and effect. Signed and Sealed.at Burbank, California,-this loth day of Apri l 19 84 . ,,,a1r11rIMh,rrlr _ - , ,sue 3 Patricia J. O B ' Secretary ae: APR. A : ro E Assistant Q. J,A 1970 _ h*Cfrfrlllllltit Bond No. S6 001222 APPRJ FM AS TO M9 i FAIRMONT INSURANCE COMPANY GAIL HUTTON PAYMENT BOND City Attorney CALIFORNIA PUBLIC WORK iv c&a" Deputy City Attorng? KNOW ALL MEN BY THESE PRESENTS, That we, Tom Downey Contractor, Inc. _ as Principal,and Fairmont Insurance Company a Corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto. City of Huntington Beach ,as Obligee, in the aggregate total of 1hree huncired forty si x thousand two hundred -seventy no/100--_---_-----_-_________________-______________- Dollars($3,469270.00 ), for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated entered into a Contract with ?he ri tyo Hunti-notno _BParh for Stabilization of bluffs _along _Pacific_Coast Highway between Eleventh and Goldenwest Streets. NOW,THEREFORE, if the Principal or his subcontractors,shall fail to pay any person 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 by any person named in Section 3181 of the Civil Code of the State of California, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment In- surance Code,with respect to such work and labor,the Surety will pay for the same in an aggregate amount not ex- ceeding the sum specified in this bond,and also,in case suit is brought upon this bond,a reasonable attorney's fee, to be fixed by the Court in accordance with Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to such person or his assigns in any suit brought upon this bond. SIGNED AND SEALED this 10th day of April 19 Pa Tom Downey Cm-actor, Inc. Zh ipal By Attorney-in-fact Arthur •J.-,Clement Jr., 5-303(10-83) M1 i Bond No. SB -001222 ' _ FAIRMONT INSURANCE COMPANY PERFORMANCE BONDPRo`1ED AS TO F013M4 GAIL HUTTON CALIFORNIA PUBLIC-WORK fifty Attorney KNOW ALL MEN BY-THESE PRESENTS, By; 1&1 441j� That we, Tom Downey Contractor. Tnc. -__ _ Deputy City Atto=97 as Principal, and _ Fairmont Insurance_Com a�nv a Corporation organized and existing under the laws of the State of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto--City_of Huntington Reach (hereinafter called the Obligee), in the sum of Three—hundr forty six thnusand twn hundrr-d sPvPnty & nn/1nn-. --__ -----------;----------------------------- ----- -Dollars ($ 345 F27n.nn ). for the payment whereof well and truly to be made and we each of us bind ourselves, our heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, Whereas• the above named bounded principal entered into a contract dated 19 with the said Obligee to do and perform the following work, to wit: Stabilization of bluffs along acif' Coast-Highway-between Goldenwest Streets . a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be per- formed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this Intb day of AD01 _, 19_$4._ � r r • do papa s-302(10-83) Arthur- J. Clement Jr. Artarfact State of California County of—Los Angeles SS On this loth day of Apri l in the year 19 84 before me personally r appeared Arthur J. Clement, Jr. pp personally known to me Aaorney:n-Feel (or proved to me on the bases of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of.Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said company thereto ret one i his own name as Attorney-in-Fact, CC 7- FF: ? YRteE; € � r4JaPJCALr ^t;!.A _ G � (Notary Public) Z -t E CvL,VIn f ty-Y 14GimrP SSiQII�K .psrt?s Apr. 27. 1%4 S-318 (10-83) v Approve as ta V: TO wl:Gail Hul-on, City Az-orr; 1/0 CITY OF HUNTINGTON E`.-ACH, CALIFORNIA By: CA Veti,%U A MUNICIPAL CORPORATION I t;,t is t'n'rflrtify that the pokcias of in'iturunce as dascribod below :lave been issued to the insured by the uridersignee. snd V, -�1-ld KI this Ii theta palicLat are cancelled or changad in such a manner that will af,;act this certificate,the onsuranci com :;L: - I X 711uts 10 days prior written notice, by mail, to City of Huntington Basch P. G. Bo , Huntington Bezen. CsWlorrozi 92G41'1- 'f EV.S %1,0ST BE COMPLETED, ANY DELETION Oq CHANGE IN THIS FQ��M SHALL BE SiGNE ) ',-'Y i P-ANO-0 AT EL AUTHORI-ZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN V-,'RITING BY YH.E--,-AT%' ATTORNEY. Name%A �-osured Tom Downey Contractor, Inc'. Address*u,f insured 2364 Burnham Road, Ojai , Ca. 93023 Location of Work or Operations to be performed NeWl and Hcuse Barn & Landscaping; CC538 Descripjior,of Work or Operations POLICY DATES LIMITS OF L IABI L ITY NAME 0 COMPANY Effectivo Expiration I. Pf); 10ES IN FORCE POLICY NO. In Thousands (000) GENT-PEAL LIABILITY I M COMPF)CHENSIVE FORM 83GL368783 5-29-83 5-29-84L Aetna Casual -y & --&S L Surety I X) OPERATIONS Each Occuranca ixi E.CPL6510N AND COLAIAPSC HAZARD /J• �`% I X1 L)It L),1-11(-.ROUND HAZARD BI 900$1,000,11 , , PD $250,/500,i XI F'ItODOCTS COMPLETED 0 PF P A'r IONS HAZARD �ON q;--NCTUAL A,i INSURANCE FORM PROPERTY DA.,..AGE Ir,1:;;-PKNDE-4T ?ACTORS ,--4Sf,NAL INJURY 'A1,:1G?.1t';!3iLE LABILITY COM"�'El-IT-WAVE FORM 83JA14919348 5-29-83 5-21-11 1110, If Aetna 1asu6,7 Surety CSL Each Occurance t L f-*XCF-`;S LiA8iLiTY UMfIRELLA.FORM 83XS123886 11-10-83 11-1, $2,000,0-84 Aetna Casualty Surety I OTI1C.R THAN FORM WORKERVCOMPENSATION and 41ditionnI Insured &-,dorjamerit: Tile —,raes that the City of Huntington fi-.iinfi and i'l; City Council, and/or all City Council appo;.rtir.d group?, boards --,nd any other City Council appaitiNd Brady, nndllor elective and appointive off icurt, 0. ;;Iy of E!!:ich, when wting ai such ar9'at.1diticloul lwilredc hareunder, for the a=v of the insurjd, eirid .-,):I ;!:.,I) tx pritn--irr to any inuit-ance of the City of Huntinjitoo-Sench,m. ilwir interest may appear. pace —J 8-U �,jIZ EPRESE6[TATIVEQF Y Aetna Casualty & liuret--y -S-il i t i; 1 C k "uRt !r-E COWAN%, 40 E. Vamal Galleria Tovie Santa Ba-;-- --bara,G a "I 10 r 1 6r rtz,r 0 180�) 6H2-2571 HCLD HARMLESS AGREEMENT TOM M-NNEY (to b dxocut.-J Ev injuraid) aveas 11) protect, defer.J, Id harm t:zs ha City r Hunf1#w;-zC,- cr nnc: against any !'.ability, lass, damage, aitt, or axpenst by reason of ,nV and z..,: Iiabflity. suits, c!airnl, (10 F.1 a'1-'4$, and CaU1j',-J of action caused by insurad, his 90ants or rny Subcoritractor orb. any th;rd per-', 0-1 L:07'..1eqLJP.r;Ce Of pio(furminco of all or sny 0ZJJfa',IC! or activity for vV-Lich this certificate of insurance is fuss-Iro.6. (3) C.:rperri.oi r, Pq il Ss S I G N F D: By ;;-S,:rvrc: 1_ , ...•C i' ui 1/ - a���E=:raY�1 ._ -"'_ BY Era era:. 7; or on to State of California County of_ Los Angeles _ SS On this 10th day of April in the year 1984 before me personally appeared Arthur J. Clement, Jr. personally known to me At+orney in-Face (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-in-Fact of.Fairmont Insurance Company , and acknowledged to me that he subscribed the name of the said company thereto as surety, and his own name as Attorney-in-Fact. C'(ir( Ek'Tr' ? i .;t�TARY (Notary Public) I.0c A:CCLEJ CGUNTY } k+y C�^'ml tenFx]IfCs Apr. 27,S-318 (10 ; FEDERALLY FUNDED PUBLIC WORKS CONTRACT -BETWEEN THE CITY OF HUNTINGTON BEACH AND TOM DOWNEY CONTRACTOR, INC. FOR STABILIZING BLUFFS THIS AGREEMENT is) made and entered into on this day of ZZIUA , '191ff, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein- after referred to as "CITY, " and TOM DOWNEY CONTRACTOR, INC. , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited. bids for a public works project,_ hereinafter referred to as +PROJECT, more fully described as stabil- ization of bluffs along- Pacific Coast Highway, between Eleventh and Goldenwest Streets. WHEREAS, 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 and facilities necessary to complete and construct, in a good and workmanlike manner, PROJECT. Additionally, CONTRACTOR agrees to assume loss and/or damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of 1. r any description connected with the work; and all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this agreement and in accordance with the requirements of CITY under them for the compen- sation set forth in its accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed in accordance with the stipulated prices named in the Bid Sheet (s ) . 2 . ACCEPTANCE OF CONDITIONS OF WORK, SPECIFICATIONS CONTRACTOR acknowledges that he is fully familiar with all , the terms , conditions and obligations of the Contract Documents, as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed, and that he enters into this contract based upon his investigation of 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 if the same were set forth at length herein, and that CONTRACTOR and its subcontractors , if any, will be and are bound by any and all of said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this contract. 2. "Contract Documents" as defined herein mean and include: A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY'S standard plans and specification, and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY and any revisions , amendments or addenda thereto, the 1982 edition of Standard Specifications for Public Works Construction, published by Builder 's News, Inc. , 3055 Over- land Avenue, Los Angeles , California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern Cali- fornia District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; E. The project plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of dispute or inconsistency between any plan or specification, the matter shall be immediately submitted to the Department of Public Works of CITY, hereinafter referred to as "DPW, " without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expense. 3 . • Should there by any conflict between the terms of this agreement and the bid or proposal of CONTRACTOR, then this agree- ment shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the project within ten (10) calendar days after notice to proceed is issued and shall dili- gently prosecute it to the completion within one hundred eighty (180) calendar days from 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 on 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 right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors and, in general , all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises . 4. 5 . CHANGES CONTRACTOR hereby agrees to make any and all changes, furnish 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 CONTRACTOR make any changes , either in additions or deductions, without a written order from the DPW and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. CONTRACTOR shall submit immediately to the DPW written copies 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, or equipment shall be performed or furnished under this agreement unless and until a notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commence- ment due to such unavailability, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such availability. 7 . BONDS CONTRACTOR shall, prior to entering upon the performance of this contract, furnish the following bonds approved by the City Attorney: one in the amount of one hundred percent (100% ) of the 5 . contract price to guarantee the CONTRACTOR' S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof; and one in the amount of one hundred percent (100% ) 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 the California Government Code. 9. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this 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 Public Works contract as required by Labor Code Sections 1771 and 1774 of the State of California. In accordance with the provisions of Section 3700 of the Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 6. 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 set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1774 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 project. 12. EMPLOYMENT OF APPRENTICES Section 1777 . 5 of the Labor Code of the State of Cali- fornia, regarding the employment of apprentices , is applicable to this project . 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 CONTRACTOR or any subcontractor for each calendar day, during which any worker is required or permitted to labor more than eight (8 ) hours in any one calendar day and forty (40) hours in any one week 7. in violation of said article. CONTRACT 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 classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the project and agrees to insist that each of his subcontractors do the same. CONTRACTOR further agrees that his payroll records and those of his subcontractors, if any, shall be available to the employee or his representative, . the Division of Labor Standards Enforcement and the Division of Appren- ticeship Standards , and shall comply with all .of the provisions of Labor Code Section 1776, in general . 15. INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is , and shall be, acting at all times as an independent contractor herein and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses , if any, in connection with the services to be performed hereunder . 8. 16. LIQUIDATED DAMAGES/DELAYS 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 working 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 reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the sum of one hundred dollars ($100) 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 fault or negligence of CONTRACTOR, including, but not restricted to acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions , strikes and unsuitable weather or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15 ) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the contract) , notify the DPW in writing of the cause of the delay and 9. • i CITY shall extend the time for completing the work if , in its judg- ment, the findings of fact thereon justify the delay and its decision is conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials, if said mater- ials are required by this contract to be furnished by CITY, or by damage caused by fire or there 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 thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15 ) days of the 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 of 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 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 10. (b) unknown physical conditions at the site of an unusual nature differing materially from those ordinarily encoun- tered 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. (2 ) 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. 18. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to any additions or deductions as provided in the Contract Docu- ments, the sum of three hundred forty-six thousand, two hundred seventy dollars ($346, 270) as set forth in the Contract Documents and provided for in Section 1 herein. 19. VARIABLE COMPENSATION RATES The date by which all construction on this project must be completed is July 14, 1984. This is the date by which actual construction must be completed regardless of the final completion date set forth in this contract which takes into account a thirty (30) day plant establishment period and a sixty (60) day post-installation maintenance period. 11. If actual construction is completed before June 28, 1984, the contractor will be entitled to an increase in compensation based upon a percentage of the total contract price according to the following schedule: Completion Date Percentage Rate 6/15/84 through 6/28/84 5% On or before 6/14/84 10% If actual construction is completed after July 14, 1984, there will be a reduction in compensation due to the contractor based upon a percentage of the total contract price according to the following schedule: Completion Date Percentage Rate 7/15/84 through 7/28/84 5% On or after 7/29/84 10% Neither the increases nor the reductions set out in the schedules above shall be cumulative. CONTRACTOR shall give to the city three (3 ) days notice prior to the completion of construction if such completion date will invoke either an increase or reduction in compensation. The Director of Puplic Works or his designee shall determine the date 12 . upon which construction was completed. Such a determination, reasonably made, shall be final. . Any increase in compensation shall be payable thirty ( 30) days after CONTRACTOR files the Affidavit of Satisfaction of Claims required by the contract. Any reduction in compensation may be deducted from any monies due or that may become due to CONTRACTOR under the contract. These variable compensation provisions are separate and independent of any liquidated damages provisions in this contract. 20. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of 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 schedule, the contract bid price will prevail subject to the provisions of this Article. Equitable adjustment in payment will be made upon increases or decreases 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 date as 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. 13 . 21 . 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 , less the amount of all previous payments since commence- ment 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 determined from the bid schedule, and if the DPW finds that satis- factory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100% ) of the value of the work completed since the commencement of the work, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered or any part thereof unencumbered, shall be made thirty-five (35 ) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the DPW, stating that the work for which payment is demanded has been performed in accordance with the terms of the contract, and that the amount stated in the certificate is due under the terms of the contract. Partial payments on the contract price shall not be considered as an acceptance of any part of the work . 22. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain 14. beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 20 of this contract. 23. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this contract , CONTRACTOR shall file with the DPW its affidavit stating that all workmen and persons employed, all firms supplying mater- ials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 24. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this contract. 25. INDEMNIFICATION: HOLD HARMLESS: DEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands including death or injury to CONTRACTOR' S employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR or out of the operations conducted by CONTRACTOR, regardless of the active or passive negligence of 15 . CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 26. WORKERS ' COMPENSATION CONTRACTOR acknowledges and undertakes its duty under the provisions of Section 3700 et seq. of the Labor Code to insure against liability for workers ' compensation and covenants to comply with such provisions prior to commencing the performance of the work hereunder. CONTRACTOR shall maintain workers ' compensation insurance and otherwise comply with all of the provisions of the Workers ' Compensation and Safety Acts of the State of California, the appli- cable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto, and all similar State or Federal acts or laws applicable and shall furnish to CITY a certificate of workers ' compensation insurance evidencing such compliance. The insurer shall furnish to CITY a certificate of workers ' compen- sation insurance. The provider of insurance shall not cancel or modify any such policy so provided without thirty (30) days ' prior written notice to CITY. CONTRACTOR shall further require all subcontractors to similarly provide such workers ' compensation insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish a certif- icate of waiver of subrogation under the terms of the workers ' 16. 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 insurance shall remain in force until the work under this contract is fully completed and accepted by CITY. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 25 of this contract. CONTRACTOR shall, notwithstanding nor diminishing the foregoing obligations, subscribe for and maintain in full force and effect during the life of this contract a workers ' compensation liability policy in accordance with the Workers ' Compensation Act of the State of California of not less than one .hundred thousand dollars ($100, 000) . 27. INSURANCE CONTRACTOR shall at all times carry on all operations hereunder, bodily injury and property 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-owned vehicles . Said insurance coverage obtained by the CONTRACTOR shall name the CITY, its 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. 17 . Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be cancelled without thirty (30) 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 requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 25 of this contract. Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the fore- going, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this contract the following insurance amounts of 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 Liability ( including non-ownership and hired cars ) B. Property Damage Liability and Automotive Property Damage Liability 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. 18. 26. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work with diligence or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any provision of the Contract Documents, CITY may give notice in 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 CONTRACTOR, CITY may terminate this agreement upon the expiration of that time. 29. 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 docu- ments pertaining to said contract shall be delivered to CITY and become its sole property at no further cost. 30. DISSATISFACTION WITH PERFORMANCE In the event that CITY is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in Section 28 are followed, CITY may elect to assume complete control over PROJECT. 31 . 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 delegation has prior written approval or consent of CITY and the surety. 19. 32. CITY EMPLOYEES CONTRACTOR shall employ no regular employee of CITY in the work performed pursuant to this contract . 33 . ATTORNEY' S FEES If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney' s fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to With- hold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disburse- ments arising out of the processing of Stop Notices or Notices to Withhold or any similar legal document arising out of the performance of this agreement . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. _ 34. FEDERAL PARTICIPATION The PROJECT to which the work covered by this contract is being assisted by the United States of America and the following Contract Provisions are included in this contract pursuant to the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, 20. rules and regulations promulgated by the Federal government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 35. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the contract. CONTRACTOR agrees to comply with all applicable federal labor standards provisions . Said provisions are incorporated herein by this reference . Handicapped persons are included. 36. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees , agents , principals , or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall comply with Section 21, amended. CONTRACTOR shall take affirm- ative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firm when possible. 37 . EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity, " as amended by Executive Order 11375, and as supplemented in Depart- ment of Labor regulations (41 CFR Part 60 ) . The CONTRACTOR is required to have an affirmative action 21 . plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex and age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers . Section 402 of the Vietnam Era Veterans ' Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to comply and advance in employment (1 ) qualified Vietnam veterans during the first four (4) years after their discharge and (2 ) qualified disabled veterans throughout their working life if they have a thirty percent (30% ) or more disability. To assure compliance with the requirement, the CONTRACTOR shall provide the CITY his written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of his subcontractors together with a completed affirm- ative action program from each subcontractor when applicable. 38. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act, as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 22 . work, to give up any part of the compensation to which he is otherwise entitled. 39. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5 ) . Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and a standard workweek of forty (40 ) hours . Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek . Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promul- gated by the Secretary of Labor . These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 40. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a ) CONTRACTOR stipulates that any facility to be utilized in the performance of this contract is not listed, on the 23. date of Contract award, on the United States Environmental Protection Agency (EPA) , List of Violating Facilities Pursuant to 40 C.F.R. 15 .20. (b) The CONTRACTOR agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder . (c ) The CONTRACTOR shall promptly notify the City of Huntington Beach of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized for the Contract is under consideration to be listed on the EPA List of Violating Facilities . (d) , The CONTRACTOR agrees to include or cause to be included the requirements of paragraphs (a ) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements . 41. . ENERGY CONSERVATION Contracts with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94--163) . 42 . HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules , regu- lations , guidelines , procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required. 24. 43 . ENTIRETY The foregoing represents the entire agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, TOM DOWNEY CONTRACTOR, INC. A muni J' al Corp a 'on To wney - Pres=- '-- IT-i'm McMahon - Secretary T easurer ATT T: APPRO ED AS TO FORM: • f City Clerk C ' ty Attorney 7� y/,.?-+5� REVI AND RO D INI I AND PPROV D Cl Administrator Direct of Public Works TE:klh 2/21/84 25. RFQU T FOR CITY COUNPL ACTION •_. Date Februa_Yv_ 1, 1984 - c Submitted to: , Honorable Mayor and City Council. Submitted by: C. W. -Thompson, City Administrator Prepared by: Paul- E. Cook, Director of Public Works Subject: Bluff Top Landscaping Project-Phase I; CC 597. �yf • Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Allied Sprinkler has completed landscaping the bluffs along Pacific Coast Highway between Ninth-and Goldenwest Streets. RF&Q`MENDATIONS: 1. Accept the com_cleted work and authorize the City Clerk to file the Notice of Completion. 2, Authorize the Chief of Administrative Services to withhold $5,300 licuidated damages from retention monies doe the contractor. ,} A ALYSIS: On pril 18, 1983, the City Council awarded a contract to Allied Sprinkler' for the ' construction of landscapeimprovements along the bluffs be". een .�in'h and Golde wesr. :¢ Streets. These improvements -Are now complete and, therefore; the Director. of Piolic Works recommends acceptance of the project and requests that the Notice of Com letion �. be filed by the City Clerk. The following is a summary of actual contract costs: j+ Council Approved Actual Expenditures Construction Contract: 409,201.00 $351,987.59* 7 Construction Contingencies: 33,920.00 17,447.58** 'i Total: $373,121.00 $369,433..17*** *Actual field quantities for asphalt paving, safety railing, and import sa^-d were ` greater than estimated. ;4 **Construction change orders included: removing abandoned drainage grates, addi- tional clearing. and grubbing at -Ninth Street (i.e. , portion of site not incluck:d in contract) , constructing a temporary beach access stairway at Fourteenth Street, in- creasing (per manufacturer's recommendations) the thickness of the concrete pads supporting the picnic tables, relocating fifty pairs of General Telephone cables, and installing a drainage system for a low spot in the bike trail at Twelith Street. ***This total does not reflect withholding liquidated damages of $5,300.00. r Change Order No. 21 extended the contract completion :ate to December 7,. 1.98 3; however. 2. because of excessive delays in obtaining the palm trees and import soil, the con- tractor could not complete the project until January 29, 1984. Staff has revit�.ed the reasons for the delay in obtaining the trees and soil and cannot justify addi- tional contract time; therefore, the Director of Public ;corks recommends that the contractor be assessed liquidated damages of $100/day for. the 53 day delay or a total of $5,300.00. Y :•�11 n:�i� R+ {r: Request for Council Action Bluff Top Landscaping.Project-Phase I;. `'C 597 February j,. 1984 Y Page 2 FUNDING SOURCE: , Allocated Revenues: 1. Orange County Contribution $100,000 2. Public Donations & Private Contributions 111,515 3. Park Acquisition & Development Furze Account790606 27,513 Subtotal: $238,515 Unallocated Revenues: 4. Unappropriated General Fund Balance or Park Acquisition & Development Fund $ 80,000 5. Downtown R develoment FLnd 50,000 6: Limited Eligible Senate Bill 821 Bike Funds 700 Total: $369,433 ALMNATIVE ACTIONS: Deny .authorzzation to withhold $5,300 in' liquidated damages and refund all or a portion of the $5;300.00. ATTAMT rS: None. CNT:PEC:DRN:jy x PUBLIC NOTICE PUBLIC NOTICE I t+ • NOTICE INVITING Authorized to Publish Advertisements of ftds including public l SEALED BIDS CC-84S notices by Decree of the Superior Court of Orange County, Notice is hereby given that the,City Council of the city of California, Number A-6214, dated 29 September. 1961. and Huntington Beach, California will receive sealed bids for the A-24831. dated 11 June. 1963. ' BLUFF TOP LANDSCAPE IMPROVEMENTS-PHASE II In the city of Huntington Beach,California in accordance with the plans and specifications and special provisions on fiie'in the office of the STATE OF CALIFORNIA Director, of Public Works. Documents will be available on January 17,.1984. A charge of $30.00, not refundable, will be County of Orange Public Na[iu Ad..,,arnq cov required for each eel of specifications and accompanying W drawings. withMIS aC1 Col +a a�, m 7 pan, This project Is funded In art b the Department of Housing and wirh ,0 pith Column•ndlh P I P Y P 9 Urban Development.(i.e.Jobs Bill Grant) DIRECTOR OF PUBLIC , ,� { WORKS ESTIMATE J am a Citizen of the United States and a resident of i WORK ITEMS QUANTITY the County aforesaid; I am over the age of eighteen 3' 1.Mobilization Lump Sum 2.Clearing and Grubbing(See Section 9) "Lump Sum I' years, and not a party to or interested in the below 3.Earthwo►k(See Section 10) Lump Sum clerk of the Orange ; 4.Crlbuvali 17,000SF entitled matter. I am a principal 9 5.Concrete Mow Strip . . 49LF Coast DAILY PILOT, with which is combined the 6.Concrete i Lump Sum 7.Asphalt Paving 5,450SF NEWS-PRESS, a newspaper of general circulation, f 6.Asphalt Curb 45LF .9.Trash Receptacles 3 ea. printed and published in the City of Costa Mesa, 10.Blke Rack._ .- _ 1 ea 11.Irrigation System - 42,200SF County of Orange, State of California, and that a i '12.Soil Preparation and fine grading 47,200SF Notice of Sea 1 e d Bids i. '13.1 Galion Shrubs 418 ea. 14.5 Gallon Shrubs 22 ea. CITY OF HUNTINGTON BEACH 15.GroundCover 42,300 16.Stolonized Turf 5,950 SF 17.Import Soil 1,165 CY 18.30 Day Plant Establishment Period Lump Sum of which copy attached hereto is a true and complete -' 19.60 Day Maintenance Period Lump Sum } ALTERNATE BID ITEMS copy, was printed and published in the Costa Mesa, t A-1 Remove Exlstin A.C. Bike Trail at 9th Street Lump Sum Newport Beach, Huntington Beach, Fountain Valley, �4 Street A-2 a and Deconstruct Bike Trail at 9tn Street 3,800 SF Irvine, the South Coast communities and Laguna ;•A-3 Paint New and Existing Trash Receptacles 4,480 LF t ,A-4 Add City Logo tolExisting Trash Receptacles Sea Beach issues of said newspaper for three `.)A-5 IS' Hlgh Palms 13ea. I A-6 15' High Palms 6.ea. consecutive weeks to wit the issue(s) of r-A-7 .12' High Palms 5 ea. A-8 10' High Palms 3 ea. IA-9 Import Soil for Palms 6 CY This project is being assisted by the United States of America. As Federal funds are financing all or part of this work,all of the January r a 1 statutes, rules and regulations promulgated by the Federal t?1 . _a r Y 2 0 _ 198 !Government and applicable to the work will apply. ) In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of January 27 198 4 t Industrial Relation shall determine the general prevailing rate of r wages, applicable to the work to be done; copies of the latest Ai general wage rate determinations are on file at the office of the F,-bruary 3 198 4 a City Clark and the office of the Director of Public Works of the City of Huntington Beach,California. Minimum wage rates for this project are predetermined by the 198 I United States Secretary of Labor.It there is a difference between the minimum wage rates.predetermined by the United States I secretary of Labor and the prevailing wage rates determined by I the State for similar classifications of labor,the contractor and his subcontractors shall pay not less than the higher wage rate. 198 . Plans and specifications,together with proposal form,may be obtained at the office of the Director of Public Works,.City Hall, Huntington Beach,California. No bid will be received unless It Is made on-a blank form I declare under penalty of perjury, that the f furnished by the Director of Public Works.The special attention } P Y P 1 rY, r of prospective bidders Is called to the proposal requirements, foregoing is true and correct. 1 set forth in the specifications,for full directions as to the bidding. II The above quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by implications agree that the actual Executed on �+ 19a g amount of work will Correspond therewith but reserves the right to Increase or decrease the amount of any class or portion of the at Costa Mesa, California. work',as maybe deemed necessary or expedient by the Director 303 O1r8ti'1t;S as S£6fi-1EL If110 I ul Jeo elge pull ZeAlip to Signature 111Va 01KI HOW 111111 no,( llel pue 1 -Lu'd L-ZL w04 AUP Flleug Adotet 1 -sent uo II14Ped 060t71 18 ullsnl u1•u0sslN "8 ll!tiPed01viii uo to),ja -iN-3101-f1 if5V,AJew ow/1 :19 Aidde 'Me1AJ8;U1 09£ `301 aualad job -jU/L$ of dn 'souelied AmH tesOO pu; xe t111M elainSUOLU - Proz-LVB 4aBeg -WOO AJHIe$ 'S1BA81i �1 tOELI'9da171.&Ld1� PROOF OF PUBLICATION IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange ` CITY OF HUNTINGTON BEACH PRQUOFPUUICATION CITY CLERK BIDS CC-645 "TInhL'Iretltir rrru.'..v..T„_-•�—�-ti.s__ _� NCITICS U4VMG SEALM ems OC-643 [ Notice i9 hereby given that the City Council of the City of Huntington Beach,` State of California ) California will receive sealed bide for the BLUFF TOP LANDSCAPE County of Orange )ss' IMPROVEMENT&PAASE II in the city of.Hu I ntington Beach,California in accord- ante with the plane and specifications and special provisions on file In the office of the Director of Public Works.Documents will be available on January 17,1984.Al harge of 530.00,not refundable,will be required for each set of specifications and accompa- APRIL L. ELLIOTT nyingdrawinp This project is funded in part by the Department of Housing and Urban-Develop. That I am and at all times herein mentioned was a citizen of menu.(i.e.Jobs Bill Grant) the United States,over the age of twenty-one years,and that I WORE ITEM DIRECTOR OF PUBLIC WORKS ESTIMATE QOANTITY am not a party to,nor interested in the above entitled matter; 1.Mobilization Lump Sum that I am the principal clerk of the printer of the 2.Clearing and Grubbing(See Section 9) LumRSum' 3.Earthwork(See Section 101 Lump Sum 4.Crihwall 17,000 EF 5.Concrete Muw Strip 49 LF HUNTINGTON BEACH IND. REVIEW 6-Concrete Stairway LumpS6m 7.Asphalt Paving 5.450 SP , a newspaper of general circulation,published in the City of 8-Asphalt Curb 45 LF 9.TrashReceptacles 3es. i HUNTINGTON BEACH 10.Bike Rack flea. I 11.Irrigation System 47,200 SF 12.Soil Preparation and Fine Grading t 47.200 SF County of Orange and which newspaper is published for the 13.1 Gallo nShruba 418er. disemination of local news and intelligence of a general charac- 1S.Ground GallonoverShrubs '•ooSF [5.Ground Cover 42,300 SF ter, and which newspaper at all times herein mentioned had 16,Stolontzed Turf 5.950 SF and still has a bona fide subscription list of paying subscribers, 17,Impon Soil 1,165 CY and which newspaper has been established, printed and pub- 18.60 Day Plant Maintenance Period Establishment Period Lump sun p P 18.60 Day Maintenance Period Lump Sun lished at regular intervals in the said County of Orange for a ALTERNATE BID ITEPAS period exceeding one year; that the notice, of which the A•1 Remove EiietingA.C-BikeTrailni9lhStreet Lump Sum A•2 Repade and Reconstruct Bike Trail at 9th Street 3,M$F annexed is a printed copy, has been published in the regular A•3 Paint New and Existing Pipe Rail- 4,480 LF and entire issue of said newspaper,and not in any supplement 1 A-4 Add City Lugo to Existing Trash Receptacles 9 es. thereof,on the followingdates,to wit: A•5 i9'High Palms "i13 as.,' A•s 15'High Palms' 6 a. A•712'High Palms 5 as. A•810'High Palms 3 ea. A-9 Import Soil for Palms fi CY JANUARY 269 The project is being assisted by the United States of America.As Federa!funds i )are financingall or part of this work, all of the statutes, rules and regulations t promulgated by the Federal Government and applicable to the work will sppiy. FEBRUARY 29 1984 i In accordance with the provisions of Section 1773 of the Labor Code,the State Sf I California,Director of Department of InduatrW Relations shall determine the general prevailing rate of wages,applicable to the work to be done;copies of the latest general , wage rate determination are an file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach,California. Minimum wage rates for this project are predetermined by the United StatA Secretary of Labor.If there m a difference between the minimum wage rates predeter- I certify(or declare) under penalty of perjury that the forego- mined by the United States Secretary of labor and the prevailing wage rates ing is true and correct. determined by the Slate for similar classifications of labor,the contractor and.his subcontractors shag pay not less than the highest wage rate. r GARDEN GROVE Plans and specifications,together with proposalform,may he oblainsd it the Dated at:':.............................................. offlea of the Director of Public Works,City Hall,Huntington Beach,California. No bid will be received unless itAs made on a blank form furnished by the rd FEB. Direetar of Public Works.The special attention of prospective hidden is called to the California,th' day of ..........19. pproposal requirements,wt forth in the specifications, for Dull directions es to,the ......, bid in , If� � The above quantities are appoeimate only,being given as a basis for the compact•i C son of bide,end the city of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of an class or portion of work,as may be deemed Signature necaassry or ex�lent by the Director of PublicWorks. All bids will be compared on the basis of the Director of Public Works estimate of the quantities.of work to be done. Each bid shall be made out on a form to be obtained at the office of the D(retter of Public Works,Development Wing,2000 Main Street,Huntington Beach,California; shall be sealed and filed with the City Clerk at the Civic Center, Second-Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 PM of February 7,1984,and shall be opened by a committee composed of i the City Clerk,the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will he reported in the City Couricil of said City of Huntington Beach at their regular meeting to be held on Mondaq,the 126th of February,1984,at the hour of 7:30 PM in the Citq Council Chemhen in the Civic Center of said City of Huntington Beach and shall be acted upon by said City S' Council at the regular meeting of February 20,1984.ti The City of Huntington.Beaehr California reserves the right to reject any;or all _i bids,and to accept the bid-daemed for the-bait interest of the City of Huntutg+nn 1683 Beath,California. _ r( I r r r �- — 9S4SE�naHYP�Il4TS9?�nH� ' ?+' d3LItlF �.,n,CIM..nln..... •f�1O IlMAl111�1Y1�r 1I,.�1rA'fln�i ttl�e�n �nr�mtin i NOTICE 5l=_A1_F-17) BIOS CC- 645 Notice is hereby given that the City Council of the city of Beach, Huntinf to n Be I a . , California will receive sealed bids for the BLUFF TOP LANDSCAPE IMPROVEMENTS-PHASE I1 in the city of Huntington r1each, (7alifarma in accordance with the plans and specification., and special provisions an file in the office of the Director of Public ,'forks. Documents will be available on January 17 � 19 84 q cliarqe of $30.00 , not refundable, will bo required for each set of specifications and accompanyinq drawings. This project is funded in part by the Department of Housing and Urban Development. (i .e. Jobs Bill Grant) DIRECTOR OF PUBLIC WORKS ESTIFv1.ATE WORK ITEM QUANTITY 1. Mobilization Lump Sum 2. Clearing and Grubbing (See Section 9) Lump Sum 3. Earthwork (See Section 10) Lump Sum 4. Cribwall 17,000 SF 5. Concrete Mow Strip 49 6. Concrete Stairway Lump Sum 7 . asphalt Paving 5,450 SF 8. Asphalt Curb 45 LF 9. Trash Receptacles 3 ea. 10. Bike Rack 1 ea. 11 . Irrigation System 47,200 SF 12. Soil Preparation and Fine Grading 47,200 SF 13. 1 Gallon Shrubs 418 ea. 14. 5 Gallon Shrubs 22 ea. 15. Ground Cover 42,300 SF 16. Stolonized Turf 5,950 SF 17. Import Soil 1, 165 CY 18. 30 Day Plant Establishment Period Lump Sum 19 . 60 Day Maintenance Period Lump Sum N-1 ALTERNATE BID ITEms A-1 Remove Existing A.C. Bike Trail at 9th Street Lump Sum A-2 Regrade and Reconstruct Bike Trail at 9th Street 3,600 SF A-3 Paint New and Existing Pipe Rail 4,480 LF A-4 Add City Logo to Existing Trash Receptacles 9 ea. A-511 18' High Palms 13 ea. r A-6 15' High Palms 6 ea. A-7 12' High Palms 5 ea. A-8 10' High Palms 3 ea. A-9 Import Soil for Palms 6 CY This project is heinrl assisted by the United States of America. Al Federal f+)nd!; are financinq all or part of this work, all of the statutes, rules and requlations promulgated by the Federal Government and applicable to the work will apply. In nrcordance w6th the provisions of Section 1773 of the 1_ahnr (7nde, the State of California, nirector of the Department of Industrial Relations shall irtnr,ninn 01(- general prevailinrl rate of wages, applicable to the work to 1)(-. clone; rnpies of the latest general wage rate dptPrrninations are nn file it the office of li+e city 1'.r'c and the office of .the Director of Public Works of the City of Huntington Beach, California. Minimurn nage rates for this project are predetermined by the United States Secretary of Lahor. if there is a difference between the minimum wade rates prr:deterrninrd ')v the United States Secretary of Labor anri the prevailing .vnge rates determined by the 5tnte -for similar classifications of labor, the contraf-Lor and his suhcontractnrs shall ony not less than the higher wade rate. Plnns and spn.rificntinns, tnr1r,t.1in,r with prnposal fnrn), rnny hr• nhtninr±d at the uffice of the Oirr.ctor of Public Works, City h lall, Id.wntindLori neaG), californin. No bid will hfr rrr)eived unlcss it is madc on n Mink farm furnishe+l by the I)irrrtnr of Pul lir 1'lorkr,. The sl)crinl nttnrition of prnslr!rt,ivc hiddr.rn is r7lind to 11ir prnl)n7:+1 requirements, set forth in the specifications, for full directions as to thr !)idliirl J. The nhove grr intities are nt)hrnxirnntc only, hr.inq rlivr,n a; a hnsis fir Lhe r•nrnpnr[sr)n of hide, and the city of Hunt.ingtnn Ilnrich dnrf� not eq)rnrv; or by irnphr:;tinn; nrlrr?- t1int the nr.t11n1 amnont. of wor!c will correnpond Lhr.rr)::i1.h hrrt re.ervrbn the rir, r.n inr_re:�se nr r1r.rrease the a-nnrult of nrry rims or f}nrtinn of the work, ns rn-l.• he deemed ncr_essary or expedient by Lhe nirr^tnr of !orrhlic 1'Jnrks- N- 2 All bins will be cnm d on tltie basis of tine Director of lie 'larks esti+nate of the quantities of work todone. Each bid shall be made nut on a form Lo he nbLained at the office of the Director of Public Works, Developinent Win% 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk oL the Civic Center, Second Floor Adrninistrntinn nuildinq, Mon Main Street, Huntington Beach, California, on or before 2 :00 Pro of February 7 19 84 , and shall be opened by a committee composed of the City Clerk, the City'Attorney and Oirector of Public 'Norks or their nrithnrized representative and the results of said bidding will be reported Lo the City Councii of said CiLy of Huntington Beach at their regular ineeting to be held on Monday, thr: 20 th of February , 19 $4 , at the dour of 7:30 PM in the City Council Chambers in the Civic Center of said City of Huntington Beacn, Ind shall be acted upon by said City Council at the regular meeting of February 20 1-84 The City of Hwitington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this 16th January , lq 84 ATTEST: Akcin Wentworth City Clerk N- 3 Av, ANO 4- AFL'-`S • Allied Sprinkler i Aka-Tani Landscape Associates Concrete � 'tom Downey Const. 140 Environments West i Globe .Dev. Corp. Greenleaf Demo i ::.r.dustrial- Turf k _ravaid :.'nt. ;::�perial Landscape �:;athis Const. , Inc'. 4 3 b 6 333, S .-.oveco, Inc. retaining Walls Co. i t� +i.ley Crest Landscape 22 . . i REQUEST FOR CITY COUNCI ACTION Date . January 5, 1984 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrator APPROVED BY CITY COUNCIL Prepared by: Paul E. Cook, Director of Public Works\6 (o QQ 4 Subject: Bluff Top Landscaping Project, Phase II; CC 64 CITY Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Pursuant' to Council authorization, Roger Presburger and Associates, Inc. have completed the plans and specifications for stabilizing -the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets. ROCOMMENDATION: 1. Approve the plans and specifications and authorize staff to solicit bids for construction. 2. Approve Negative Declaration 83-51. ANALYSIS: On November 7, 1983, the City Council selected the firm of Roger Presburger and Asso- ciates, Inc. to prepare preliminary plans and final drawings- for the stabilization of the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets, The final drawings-are complete and staff .has reviewed and approved the documents; therefore, the Director of Public Works requests Council approval of the documents and authorization to solicit- bids for construction. On December 15, 1983, draft Negative Declaration 83--51 was posted for a 10 day public review ending December 27, 1983. -No comments, either written or verbal, were received; therefore, the Developient Services Department reccgcmends Council approval of Negative Declaration 83-51. FUNDING SOURCE: Construction Costs Estimated Cost of Project: $333,804 10% for Construction Contingencies: 33,380 Total Estimated Cost: $367,184 Funding Community Development Block Grant .Program (Jobs Bill Allocation) : $250,000 Coastal Conservancy Funds: 79,300 Aminoil° & Chevron Landscape Fees: 40,000 Total Funding: $369,300 ALTERNATIVE ACTIONS: Deny approval of the plans/specifications--and authorization to solicit construction bids. ATTACHMENTS: / F.I.R. Plo 4/81 CWT:PEC:DRN:jy �j CITY OF HUNTINGTON BEACH 1NTER-DEPARTMENT COMMUNICATION • HUNTINGTON BEACH To Charles W. Thompson From Robert J. Franz City Administrator Chief of Administrative Services Subject Blufftop Landscaping Project Date January 13, 1984 Phase II , CC645 FIR # 84-17 In response to the request of the Public Works Department, a Financial Impact Report has been prepared and submitted relative to the proposed stabilization of the bluffs along Pacific Coast Highway between llth. and Goldenwest Streets . It has been esti- mated that an appropriation of $369,300 would be sufficient to fully fund this project. An affirmative response by the City will reduce the City's unappropriated General Fund unaudited, unencumbered balance to $2,532,868 and the balance in the Development Block Grant program (Account #894830) to $314,450. The remaining required funding of $79,300 is to be provided through the use of grant funds , the only immediate fiscal impact of which will be to limit the City's earning capability during the interim • prior to reimbursement of these monies from the Coastal Conservancy. Robert anz Chief om tive rvices RJF/AR/cg v CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Project Name Aepropriation for Blufftop Project - Phase II CC645 Description Requested funding for this project. 1 . DIRECT PROJECT COSTS 1 . 1 One-Time Costs El n urn. , acsition Construction ties E ui man t, Other Total Cost 369,300 369,300 1 .2 recurring Annual Costs Additional.. Materials Outside Pax4oll Personnel Su Iles Services Revenues Total Cost 1 . 3 Replacement/Renewal Costs N/A 2. INDIRECT COSTS Loss of interest earnin ca ability during the interim prior to reimbursement of these funds from the California Coastal Commission and the U.S. Treasury _ Department. Financial Impact. Report . . Page 2 ' 3• NON-DOLLAR COSTS . N/A 4. BENEFITS TO BE DERIVED FROM THE PROJECT Approval of the appropriation request will facilitate the awarding of this project and negate the potential for increased costs if additional delays are encountered . S. PROJECT USAGE Daily. b. EXPENDITURE TIMING S t to tX CounciL_a.Eproval and awarding of the respective bids . 7. COST OF NOT IMPLEMENTING THE PROJECT Failure. to approve this request will allow the City the option of either selecting Other firms to provide the necessary services or to instruct staff on how, or whgthe,C, to proceed with the project. RFQUAT FOR CITY COUNA ACTION Date January 5 , 1984 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrator, Prepared by: Paul E . Cook, Director of Public Works Subject: Fluff Top Landscaping Project Phase II ; CC 645 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to Council authorization, Roger Presburger and Associates , Inc have completed the plans and specifications for stabilizing the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets . RECOMMENDATION: Approve the plans and specifications and authorize staff to solicit bids for construction. ANALYSIS: On November 7 , 1983 , the City Council selected the firm of Roger Presburg.. and Associates , Inc . to prepare preliminary plans and final drawings for the stabilization of the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets . The final drawings are complete and staff has reviewed and approved the documents; therefore , the Director of Public Works requests Council approval of the documents and authoriza- tion to solicit bids for construction. FUNDING SOURCE: Construction Costs Estimated Cost of Project: $333 , 804 10% for Construction Contingencies : 33 , 380 Total Estimated Cost: $367 , 184 Funding Community Development Block Grant Program (Jobs Bill Allocation) : $250, 000 Coastal Conservancy Funds : 79 , 300 Aminoil & Chevron Landscape Fees : 40 , 000 Total Funding : $369 , 300 ALTERNATIVE ACTIONS : - Deny approval of the plans/specifications and authorization to solicit construction bids . iATTACHMENTS : F. I .R. CWT:PEC:DRN : jy P10 4/81 NOTICE INVIT!N(; SEALED (310S CC- 645 Notice is hereby given that the City Council of the city of Huntinri Lon Beach California will receive sealed bids for the BLUFF TOP LANDSCAPE IMPROVEMENTS-PHASE I1 in the city of Huntington Pcach, California in accnrdanca vlitl—Uie plans and specification^ and special provisions on file in the office of the Director of putdic 'arks. Doctiments will be available on January 17 19 R4 . A c',arrEP of $30.00 , not refundable, will be required for each set of specifir_ations and accompanying drawings. This project is funded in part by the Department of Housing and Urban Development. (i .e. Jobs Bill Grant) DIRECTOR OF PUBLIC. WORKS ESTPAATF_ WORK ITEM QUANTITY 1. Mobilization Lump Sum 2. Clearing and Grubbing (See Section 9) Lump Sum 3. Earthwork (See Section 10) Lump Sum 4. Cribwall 17 ,000 SF ® 5. Concrete Mow Strip 49 2�F 6. Concrete Stairway Lump Sum 7 . Asphalt Paving 5,450 SF 8. Asphalt Curb 45 LF 9. Trash Receptacles 3 ea. 10. Bike Rack 1 ea. 11. Irrigation System 47,200 SF 12. Soil Preparation and Fine Grading 47 ,200 SF 13. 1 Gallon Shrubs 418 ea. 14. 5 Gallon Shrubs 22 ea. 15. Ground Cover 42,300 SF 16. Stolonized Turf 5 ,950 SF 17. Import Soil 1 ,165 CY 18. 30 Day Plant Establishment Period Lump Sum 19 . 60 Day Maintenance Period Lump Sum N-1 ALTERNATE iiID ITEMS A-1 Remove Existing A.C. Bike Trail at 9th Street Lump Sum A-2 Regrade and Reconstruct Bike Trail at 9th Street 3,600 SF A-3 Paint New and Existing Pipe Rail 4,480 LF A-4 Add City Logo to Existing Trash Receptacles 9 ea. A-5r 18' high Palms 13 ea. A-6' 15' High Palms 6 ea. A-7 '12' High Palms 5 ea. A-8 10' High Palms 3 ea. A-9 Import Soil for Palms 6 CY This project is heinq assisted by the-United States of Arnerica. Ad Federal fends are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply. In accordance with the provisions of Section 1773 of the 1_n1inr (-ndr!, the Statr- of Cnlifornia, Oirr:ctor of the nepartrnent of Industrial Relations shall rdrtnr-ninr! rhr, cleneral prevailinrl rate of wages, applicable to the work to he done; copies of the latest, general «rage rate determinations arc: nn file nt the office 'nf 111r. City and the office of the Director of Public Works of the City of Huntington Heath, California. Minimum wage rates for this project are predetermined by the Unitnd State:. Secretary of Lnhor. If there i, a difference between the minimurn warle rates pr+'deterrnined by the United States SecrPtary of Labor anti the prevailing .,rage rates determined by the State -for similar classifications of labor, the contrarAor and his subcontractors shall pay not les, than the higher wade rate. Plan, and spnrificntions, t.ngethn,r with proposril forni, cony hn, nhtninrud at the office of the director of Public Works, City h-1rid1, I-Irxrtinrltnn rlcach, Californin. No bid will bii rrr.riverl unless it is rnacdn, on n hlnnk frinn furnished by the �)irrrtnr of Pulilir. 1'lorlks. The speri.il Atnnt.inn of prnslu,rt.ivc birlydrirc; is rnllyd to tho llrot}osnl rerluirernents, set forth in the spncificatiuns, for full directions a; to thr I�irlrlin3. The nhove prrzntitics nre appro\iinnte only, hrinrl rlrvr.n n;: a hnsis for Lhe rnrnp;rrisnn of I)irls, and the city of Hrrntinrltnn f3r_nch r1nns naL or by i+nplir.atinn; nrjrr'r' that the artlinl amount of woHe will corre,pnnd LhrrP%vi0i. hiit rescrvr�n the rim. ►.n intro;sse nr rler_rr.ase thn, a—cunt of nny rinss or pnrtinn of the wor:<, ns rnny he deemed necessary or expedient by uie nirr^tnr of f',ihlic Works. N- 2 All bids will be co d on the hasis of the Director of �lic Works estimate of the quantities of work to done. F_ach bid shall be Marie nut on a form to he nbLained at the office of the Director of Public Works, DeveloOmPnt Win% 2000 Blain Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at. the Civic_ renter, Second Floor Adrninistrar.inn Building, 2000 Main Street, Huntingtnn Dearh, California, an or before 2 :00 PM of February 7 19 84 , and shall 5e opened by a committee composed of the City Clerk, the City'Attorr,ey and Director of Public Works or their �•atithnrized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to he held on Monday, Lhe 20 th of February , 19 84 , at the hour of 7:30 PrA in the City Council Chambers in the Civic. Center of said City of Huntington Beach. and shall be acted upon by said City Council at the regular meeting of February 20 1j84 The City of Huntington Reach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this 16th January , 19 84 ATTEST: Alicin Vlentworth City Clerk l� N- 3 `; .;' i J• ?,TV OF HUNTINGTO EACH INTER-DEPARTMENT COMMUNICATION To Councilman Don MacAllister From Diane Border Planner Subject BLUFFTOP PARK Date March 31, 1982 As per your request, I have attached several letters and memos per twining to the development of the Blufftop Park. For the sake of -` brevity, ' I have also outlined a brief history of the Blufftop Park project below. BRIEF HISTORY OF THE BLUFFTOP PARK PROJECT February, 1980: The City completes its "Coastal Energy Impact Program" (CEIP) which includes policies to pursue strategies with the State and the oil companies to make improvements to, the bluff area in Bolsa Chica State- Beach, and especially the area .across from the Townlot. Apri-1, 198,�; The City applies for a second CEIP grant from the State. The grant includes the possibility of increasing recreation opportunities by turning the bluff area in Bolsa Chica Beach into a park. Summer, _1-98-0.. City wins second CEIP grant and begins work on the above task. De- velopment Services staff begins meeting with oil companies on improve- ments to bluff area. L' Autumn, 1980: Oil companies and State Parks give approval in concept to a park with a bike trail, accessways, and landscaping. January, 1981 : City Council approves the Coastal Element of the General Man which re-asserts policy to work on strategies to create bluff park in Bolsa Chica Beach. City applies to Coastal Conservancy for $75, 000 grant to build accessways down the bluffs. April, 1981 - City wins accessway grant, and applies for Urban Forestry grant to begin landscaping ($50, 000) . 1` Blufftop, Cont. c . Mar. 31, 1982 Page 2 ,f�.. Jun_e, 1981 City does not win Urban Forestry grant. city passes ordinance re- quiring oil companies to bury pipelines on the beach. September,_ 1981 : Arninoil, USA proposes a "challenge grant" through which they will ; '•-., ,: match private contributions up to $25, 000. November, 1981 City Council directs staff to investigate the following: `.,. 1}-. Full costs of developing the .blufftop park, 2) the use of an architect to help -develop a concept plan and I working drawings, and 3) the use of Park Acquisition and Development funds for this purpose. Staff is directed to prepare an RCA to appropriate such funds if r ;. possible and to retain an architect. f January.- 1982: Match period ends for the challenge grant ar_a more than $80, 000 total is generated for the park. Contributions were received from over 1, 000 citizens and local businesses. Attorney' s office approves use f of park monies. Public- Works prepares RFP for architects. I February, 1982: Architectual firm chosen; proposal to use $50, 000 to retain a firm and to help pay for some of the construction -presented to Community Services Commission; Council approves use of $50, 000 for these pur- poses . Work on pipeline burial begins; preliminary engineering drawings for accessways presented. March, 1982: County Harbors, Beaches and Parks Commission recommends. that the County Board of Supervisors allocate $100, 000 for the Blufftop Park. The Board ' s action is expected imminently. - x7y'- = Bluff top, Cont. ` Mar. 31, .1982 Page . 3 £� Supervisor Wieder has -been very supportive of the project from the ;rl outset, Attached are some of the communications we have had with the County pertaining to their involvement with the Blufftop Park. :; ,�.,:� :•: Also attached is a letter from the Mayor to Assemblyman Frizzelle, requesting that he help in- having State monies allocated for the project. The overwhelming community response -to Aminoil ' s challenge grant for the landscaping of the bluffs "snowballed" into other projects to improve the bluffs. One such project is 'the Bolsa Chica Seawall ' • . Mural Festival, to be coordinated this summer by a State lifeguard. I have attached some background information on this project also. The landscape architecture firm of Presburger and Associates has been retained to develop a Paster Plan for the entire Park, as well as detailed construction plans for the "first-phase" of landscaping. It is important to note that the Master Plan will be implemented in phases, as further monies become available. Our preliminary budget estimates first-phase landscaping costs at about $250; 000 . Total development costs are estimated to be between $500, 000 and $750, 000. Presbureser ' s preliminary schedule for Master Plan development is attached; landscaping is scheduled to begin . in the Fall. The State Parks Department has approved the Park plans in concept, and has agreed to maintain the Park after it is developed. An agreement to this -'effect is now being drawn up by the City Attorney' s office. Aminoil has already begun removing their lines, and expect to be finished by May 3.1 . Chevron will soon begin removal and burial of their lines, to be completed by July 1 . The overwhelming community response to Aminoil ' s challenge grant is one indication of the strong support for improvement of the bluffs. Because more than one million people visit Bolsa Chica Beach each year, the Blufftop Park promises to be a valuable local and regional resource. Please don' t hesitate to contact me if I can be of any further help to you. zi . ` �• t• . tM�., •,'rT' .,j,�. r,�.',.3'•• 'Icy ,S •`.Al,1f rrt7' Y �i� t�� ..r.., r • , 5.Wa.K IL d�t,J+": �,1`1r !:t7�"■+ + +.,+.�Aa..�4�1•r ..u�.IRr.rg�m,'^h, woes rR�t- t'\•71r ,�r /w "�ma �,•��;F•f41�� �bfi#I+��rlilr�Awrr�r.wr�,.� uri.�'S}r.G.,',1�t-,+,nv:�c�►,.. •��, � •W M.w, 'iAt. • .'tl�..�./r■■�p�„a*�►��tW"I,��•�y.:l.a.4•wa,�+�7r+.y�-,,� 'J'_ dft '�� � , � �h''. •'�,}'•:i�I•'lAr,.�^il,i�a ��rr it,}A;Jhd'+i�.LJrF'��■.felid�'�`ri:s4+�. �� •� W„r��t's;�= ,F'.ti,�1.e�R.�•'.L�.r.-�.rH+:+,l`°I"��`'*r'�'�a�,�,r�+��:.,',,. .'. Lai �':f ,.1.r�, etl.s��L7'k",TMaT:r-�r�-�,.7'.■�..... �lY ft ` ,�� 1. J�•-,��, 14`„1-:tY��"�� `�...-r�!y ilrxr �s'r r-•,+ta.'.�,� r�,�.#—n' lk. 1 ,i4��";:t�.":+v , , ',,,.,_+�"�r�eH .•fit ,'.� �".. 1 t, �_} •: �+•.�.,;v�� ; ray�,�,. .,. .,�"}. 'r.:.::- '".• .',;� -' "}sue, '.�;^ +P-.;r.;� �;,. _ .�L...Es+`• .rr3 l 4 ..'r` .�f�n"';�{ •� 4:OkA, 71';r•', Y,'�I f r�s •`-i ` PRESBURGER &ASSOCIATES " LANDSCAPE ARCHITECTURE 0 4764 Park Granada. Calanasas Park, California 9 002 • (2 Q) 999-2014 April 25 , 1983 rr. Les Evans Citv Enc:i_reer Public 4dorks Departs:Aent City of Hurtinaton Beach 2000 Main Street Puntington Beach, CA 92648 Re: Bluff Top Landscape Project. Future Phase Two Dear Les , Pursuant to Roger Presour,er ` s telephone conversation with Don Noble on Apri 1 18 , the tollm, i-nc cost estimate is being provided for your revie�-: and cor.siderar_ior: for future construction on the Bluff Top Landscape Project . Conceptual Cost_ Fs t i ma to It Doublc r.,ast street 1agYt:= 28 each @ $3 , 700 . 00 $103 , 600 . 06 Trerchinc and cor,duit for street liahts 4000 LF 0 $4 . 00 T 16 , 000 . 00 Burying of existing utility lir_es (Oil Compar.v ' s) 3000 LF 9 $50 . 00 150, 000 . 00 4 . Bus turn-outs ( 3) a . 1350 LF curb @ $10 . 00 13, 500 . 00 b . 13500 SF A/C Cc $1 . 20 16, 200 . 00 C. Landscape & ir. rirz.tion a0iidstments 3 @ $2500 . 00 each 7, 500 . 00 5. Concrete sidewalk 6 ' wide. (6 ' Width i-s recommended by 1�..r.dscape rch.itect) 24 , 000 SF ' 51 : 80 43 , 200 . 00 6. A/C parking, between 9th & 1.1th (Not recom- mended by landscape arct,i sect) 30, 000 SF @ $1 . 00 30 , 000 . 00 7 . A/C road/parki.nr_. (lower L l.uff area) , includes wheel stops & stripping 116, 000 SF o $1 . 00 116, 000 . 00 +l e - 8 . Fluff face cribbi.na/erns i.on control Keith L:oi_l backfill (+ 8 ' average) includes planti_no and i-rr. iaation 18 , 000 SF @ $14 . 00 2.5.2 , 000. 00 4 $748 , 000 . 00 Desicr. fee, includina field supervision ,;ill be 4% of approved budget f_=, a minimu;-. of . $300 , 000 .00 , or 5% for any contract below that amount. 4 @ $748 , 000 . 00 29 , 920 . 00 z Total Phase Two Budget $777 , 920 . 00 If you have any questions or con'.ments regarding the estimate, please give re a call . SincPrel , �-Gdi 4`✓ PRESNt.7OER & �-SSCC-A'`'ES Robert O. Yamashita F t I • w Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, -----— N further environmental review California, Number A-6214, dated 29 September, 1961. and -'l , of the project is proposed to be t PUBLIC NOTICE conducted q A-24831, dated 11 June, 1963. I � prior t0 the request for I NOTICE TO PUBLIC release of'gobs Bill"funds.• 1 . All Interested OF REQUEST FOR RELEASE agencies,groups or STATE OF CALIFORNIA OF"JOBS BILL"FUNDS k I individuals disagreeing with the AND NOTICE OF FINDING 1` proposed actions are Invited to sub- OF NO 81GNIFICENT I mlt written comments for consider- EFFECT ON THE I ation. Such comments will be re, County of Orange PUonc Nona Adwanis,nq covered ENVIRONMENT HAS... Calved at 2000 Main Street, on or by inn ■nmwr a $er m y point I before March 28, 1984. All written w+1n 10 owe caumrr a+orrt. BEEN POSTED WITH THE � CITY CLERK AND Comments received will tie con- CENTRAL LIBRARY sidered and the City of Huntington City of Huntington Beach Beach will not request the release of 2000 Main Street Federal Funds or take any action on I am a Citizen of the United States and a resident of Huntington Beach,CA.92648 the described projects prior to I. To all Interested agencies. HUD'S.written authorization to use the County aforesaid: 1 am over the age of eighteen groups and persons: On or about those funds. It is requested that March 28.1984 the City of Hunt- those forwarding comments specify yeas, and not a party to or interested in the below ington Beach will request the U.S. which of the proposed actions are Department of Housing and Urban being addressed. entitled matter. I am a principal clerk of the Orange Development(HUD)to release fed- The OBJECTIONS TO HUD or will al"Jobs Bill"funds under Title I of undertake then project-described bed Coast DAILY PILOT, with which is combined the the Housing and Community De- velopment Act of 1974(PL-93-383 above with 'Jobs Bill" fundg.from NEWS-PRESS, a newspaper of general circulation, for the following project: + HUD under. Title I of: the BLUFF TOP LANDSCAPING ` HCDA-11174,The City Of Huntington The City of Huntington Beach Will Ceac 'i certifying to HUD that the l printed and published in the City of Costa Mesa, undertake the project of the Bluffl, y Huntington Beach' and County of Orange, State of-California, and that a - f Top Landscapfng.for the purpose Of t o P u b l i c o f Request for R e l e a s l Stab!llzmg the bluff face(i.e.,slopes -Charles W:Thompson,In hits, is afliclal Notice of lot 11-15 feet in height) between capedityasCHyndministrator,con- Of Notice Bill" d Goldenwest Street and Eleventh Santa to accept the juriadlctlon o} finding O f Street along Pacific Coast Highway. the Federal Courts if+an-action Is Portions of the slope areas are cur- brought to enforce responsibilities no Significant 0 f£e C t. CITY OF HUNTING9 ON BEACH .rently protected with retaining wells In relatlon to environmental review, of wood and concrete;however,the decision-making'and action;:and of which copy attached hereto is a true and complete greater partlonof the bluff face Con- ithat those responsibilities have p finues 10 erode away,during rains. ;been satisfied. The legal effect of was printed an The bluff face can be stabilized by !the certification Is that,upon its ap- CO pY P d published in the Costa Mesa, cribbing with interlocking rein- proval,Jobs Bill funds may be used Newport Beach, Huntin ton Beach, Fountain Valle , forced concrete components. ll have satisfied Its . i�es neabllitiend HUD ls under the National 9 Y II. It has been determined that P Irvine, the South Coast communities and La lino such request for release of funds :Environmental Policy Act of 1969. g will not constitute an action signill- HUD will accept an objection to Its cantly aNecting the quality of the iapproval Of the release of funds and Beach issues of said newspaper for One I human environment and, accord- ISCCeptance of the certification Only XOMS W kWt Melska tor:xfit stkw issue(*of has the City or Huntington Beach if It Is on one of the fallowing basis: has decided not to prepare an en- (a)That the CertilfCelion was not, vironment Impact statement under. .1in fact, executed by thb,Certifying the National Environmental Policy Officer or other officer of applicant Act 1969(PL 91-190V 1 approved by HUD;or. The reasons for such decision notl (b)that applicant's environmental t0 prepare such'statement are as review record for the project in- March 10 198 4 follows: • . l dicates an ommission Of a required Due to the site location, it has decision finding or step applicable been determined that Significant to the projects In the environmental natural resources would not be im- review process. 9$ pacted by this project.The project Objections must be prepared and I is not located in an area of historical submitted in accordance with the elgnificance,or where historical re- required procedures under 24CFR sources would be found. The sub. 58.75 of the Interim -Regulations + 9$ ject site Is not In a wetland,near a found In the Federal Register doted scenic river,or have an Impact on, April 12, 1982, These Regulations endangered species. The project are available In the office of the City site is not affected by the 65 CNELf of Huntington,Beach.They may be 198 contours Or within 2000 feet of ant addressed to: Environmental "Upset hazard"area. I Clearance Officer.U.S.Department - Since the project Islocated In a of Housing and.Urban Develop- designated. 100-year floor hazard meat,2500 Wilshire Boulevard,Los zone,the City of Huntington Beach Angeles,California 90057. , + 198 was required to comply with Presi-. Objections to HUD on the release dential Executive Order 11988 as, of the funds-on basis other than prescribed by the United States- those slated In the previous para- Water Resources Council,l graph will not be considered by I declare, under penalty of perjury, that the '- Ffoodplaln Managecommonly re Guide- HUD. No Objection received efter rect -lines..The comment referred to� March 28, 1984 will be considered foregoing IS true and correct. "eight-step" process for soliciting by HUD. ' the public's comments with reipect Charles W.Thompson to alternatives and mitigation 2000 Msln Street ' measures to prevent loss Of prop- Huntington Beach,CA.92648 ' March 1 0 arty has been satisfied.Documents- Published Orange Coast Daily Pilot Executed on A ,he supporting the construction of March 10, 1984 t 98 the Bluff Top Landscaping stabilize- 1437-84 at Costa Mesa California. lion In the flood zone is available for review at.2000 Main Street, Hunt- .� ington Beach,California 92648(City Hall) Department of Development Services,3rd floor. 1 attire The entire Environmental Review g Record respecting the subject pro- ject has been made documents the environmental review Of the project land more fully sets forth the (reasons why such statement(EIS)is (not required. The Environmental) Review Record Is on file at the, above address and Is available for public examination and copyingi upon request at the third floor be,I tween the hours of 8:00 a.m.-5:00'. p.m. PROOF OF PUBLICATIQN l t REQUESOFOR CITY COUNCILOCTION February 9, 1984 Date y �G Submitted to: Honorable Mayor and City Council p� Submitted by: C. W. Thompson, City Administrato�:2- f-(� 4 � prepared'by: Paul E. Cook, Director of Public !%brksTX - " y�4� o Subject: Bluff Top Landscape Project - Phase II; CC 645 �4 Statement-of Issue, Recommendation, Analysis, funding Souroe;Alternative Action menu: STATEMENT OF ISSUE: Pursuant to City Council approval of January 16, 1984, bids were received on February 7, 1984 for the stabilization of the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets. RECOMMENDATIONS: 1. Accept the low bid submitted by Tom Downey Construction and authorize the Mayor and City Clerk to execute an appropriate contract in the amount of , OR 2. Approve an additional ap propriation of$103,910 from the Coimtunity Development� Block Grant "Jobs Bill" Program. ANALYSIS: In 1983, the City developed a conceptual plan for the improvement of the bluffs along Pacific Coast Highway between Ninth and Goldenwest Street. The success of the plan is dependent upon the completion of two essential improvements. Obviously, the first improvement consisted of landscaping the visible portions of the site. This work was completed in January of 1964. The second improvement consists of stabilizing the existing bluff face (i.e. , slopes of eleven to fifteen feet in height) between Eleventh and Goldenwest Streets. Portions of the slope areas are presently protected by retaining walls of wood or concrete; .however, the greater portion of the bluff face is bare and without any protection (see attached photographs) . Subsequently, the bluff face continues to erode away during rains. This continual erosion of soil, along the bluff face, will ultimately jeopardize the recently installed safety railing and landscape improvements. Therefore, on January 16, 1984, the City Council approved the plans and specifications for the stabilization of the bluffs along Pacific Coast Highway between Eleventh and Goldenwest Streets, and authorized staff to advertise for construction bids. Bids were received and opened on February 7, 1984. Of" the three bids submitted, only two, as summarized below, are close to the estimated cost of construction which was $329,300. Base . . .Alternate Bid -Items . . . . . . . . . . . Base Bid Contractor Bid #1 #2 #3 #4 ,5 1 46 1 , 97 48 9 Plus Alts. Tom Downey Construction 323,870.00 1300 7200 4480 900 4680 1800 1200 600 240 346,270.00 Mathis Construction 346,885.50 1600 66601 4480 450 3510 1350 -900 450 48 366;333.50 PI O 4/81 �� REquest for Council • Bluff Top Landscape *Oct - Phase II; CC 645 February 9, 1984 Page 2 The base bid includes clearing and grubbing the project site, stabilizing the bluff face with an interlocking crib wall, constructing a permanent access stair- way at the Fourteenth Street entrance to the beach, and miscellaneous landscape improvements (planting of ground cover and shrubs) . Alternate bid items one and t o include removing and reconstructing a portion of the existing bike trail at Ninth Street to resolve the continual ponding of water on the trail during rains and irrigation of adjacent grass. Alternate bid item three includes painting the safety railing. Alternate bid item four includes adding City logo to existing trash receptacles. Alternate bid items four, five, six, seven, eight and nine include planting addi- tional palm trees in expanded bluff areas and providing, as required, the additional import soil for these plantings. Including all of the alternates in the contract will provide a completely landscaped project; therefore, staff recacmends approval of the Base Bid plus all.-Alternate Bid items. Staff recognizes the importance of having all construction completed prior to the summer beach season; therefore, in accordance with the following variable compensa- tion rate chart (included in this contract) , the contractor will be rewarded for early completion or penalized for late performance. Variable Compensation Schedule E,arly Ccopletion late Completion Before On Time After 5/1 84 1 5/2/84-5/15/84 6/1 84 6/2/84-6/15/84 6/16/84 Contract Amount 380,847 363,583 346,270 328,956 311, 3 Construction 'Contin encies 17,313 17,313 - '17;313 . . . .17;313 - 17,313 Thtals , 398,210 ' 380;896 -363 -583 ' '3T67,2T9 32 ;956 Funding source: In order to cover all possible contingencies, staff requests approval 'to appropriate an additional$10,910 from the Community Development Block Grant "Jobs Bill" Program. This appropriati-on.will not impact the funding required for the reconstruction of the Municipal Pier Restaurant Project. 'Anticipated Costs of Construction Contract amount + 10% for early completion: $380,897 Construction Contingencies: 17,313 Total: M8,210 -rundin -sources Commmity Development Block- Grant Program (Jobs Bill Allocation) : $353,910 Coastal Conservancy Funds: 24,300 Aminoil & Chevron landscape Fees 201000 Total: 3 8,210 Request for Council Action Bluff Top Landscape Project - Phase II; CC 645 February 9, 1984 Page 3 ALTERNATIVE ACTIONS: 1. Award a contract to Than Downey Construction for the Base Bid only. 2. Award a contract to Tcm Downey Construction for the Base Bid and any combina- tion other than all of the Alternate Bid items. 3. Reject all bids and readvertise or forego improvements. ATTACHMENT: Bluff Photos CWr:PEC:DRN:jy S SUMMONS • (CI TACION JUDICIAL) X. D _ NOTICE TO DEFENDANT: (AvrSo a Arusado) FOR Cowrr USE ONLY CITY OF HUNTINtiTON BEACH CITY OF HUNTINGTON BEACH, a Municipalcorporation OFFICE OFTVE CITY CLERK TOM D01,%NEY CONTRACTORS, INC. , a California MEMORANDUM OF SERVICE corporation, SOUTHCOAST SURETY GENERAL AGENCY i;i P r sERVEo ON: INC. , a California corporation, and DOES 1 through 20, inclusive / ._... BY. YOU ARE BEING SUED BY PLAINTIFF: � "PROC 5 $ERiV a (A Ud. le estJ demandando) DATE: ti -� o RETAINING, WALLS COMPANY, a California .�--- corporation I I (TIME You have 30 CALENDAR DAYS after this sum- Despues de que le ent mons is served on you to file a typewritten re- tiene un plazo de 30 DIAS CALENDARIOS para presentar sponse at this court. una respuesta escrita a rnfquina en esta come. A letter or phnne call will not protect you; your Una Carta o una Ilamada telefdnica no le ofmcerd typewritten response must be in proper legal proteccidn; su respuesta escrita a miquina liene que form if you want the court to hear your case. cumplir con las formalidades legales apropiadas si usted If you do not file your response on time, you may quiere que la torte escuche su caso6 lose the case, and your wages;money and pro- Si usted no presenta su respuesta a tiempg, puede perder perty may be taken without further warning from el caso, y le pueden quitarsu salaries su dinero y otras cocas the court. de su propfedad sin aviso adicional por parfe de la torte. There are other legal requirements. You may Existen otros requisitos legales. Puede que usted quiera want to call an attorney right away. If you do not llamar a un abogado inmediatamenle. Si no conoce a un know an attorney,you may call an attorney refer- abogado, puede llamar a un servicio de referencia de ral service or a legal aid office {listed In the phone labogados o a una oficina de ayuda legal(Nea el dinectorio book). C telefdnico). CAE NUMBER: P44mr.o W Caw) The name and address of the court is: (El nombre y direcci6n de la torte es) q11 .� J5_— 0 SUPERIOR COURT OF CALIFORNIA, 77 lr COUNTY OF ORANGE 700 Civic Center Drive West a Santa Ana, CA 92701 h The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero de telofono del abogado del demandante, o del demandante que nn_1iene.:pb"bj�r$o, es) ASARO & KEAGY 304 Kalmia Street San Diego, CA 92101 (619) 239-3861 DATE: O� LM A, JIM N Clerk, by — - -- 'M• APODaCA- --- Deputy (Fecha) (A cf ua rio) (Delegado) IseAR.I NOTICE TO THE PERSON SERVED: You are served . 1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify): 3. oehalf of (Specify)' /ylr,.t.cj°a�p under: CCP 416.10 (corporation) Q CCP 416.60 Iminor) C] CCP 416.20 (defunct corporation) 0 CCP 416.70 Iconservateel CCP 416.40 (association or partnership) 0 CCP 416.90 iindividual) other: , 4. y personal delivery on !date): ^r 765BIBB IRw_ 1.841 1•84 ` rq.m Aeo:rrc n. Ruir 907 ($ee reverse fo= Drool Of Servicef RCO25 1 ASARO S KEAGY 5TEVEN A. McKINLEY, ESQ. 2 304 Kalmia Street F I L E D San Diego, California 92101 3 (619) 239-3861 NOV-0 9 1984 4 LEE A BRANCH,County Clerk 5 Attorneys for Plaintiff 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 RETAINING WALLS COMPANY, ) CASE NO. qV- 35—01qk a California corporation, ) 11 ) COMPLAINT FOR DAMAGES Plaintiff, ) FOR BREACH OF CONTRACT; 12 ENFORCEMENTFOR O VS. ) STOP NOTICE; AND FOR 13 } RECOVERY ON PUBLIC WORKS CITY OF HUNTINGTON BEACH , } PAYMENT BOND 14 a Municipal corporation, ) TOM DOWNEY CONTRACTORS, ) 15 INC. , a California corporation, } SOUTHCOAST SURETY GENERAL } 16 AGENCY, INC. , a California } corporation, and DOES ) 17 1 through 20, inclusive, ) 18 Defendants. ) 19 20 Plaintiff alleges as follows: 21 22 FIRST CAUSE OF ACTION 23 (Breach of Contract) 24 1 . Plaintiff is, and at all times herein mentioned was, a California 25 corporation, duly organized and existing under and by virtue of the laws of 26 the State of California. 27 2. . Plaintiff is, and at all times herein mentioned was, a general 28 -1- BID PROPOSAL FROM TOM DOWNEY CONTRACTOR .MC. Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the BLUFF TOP LANDSCAPE PROJECT N/W SIDE OF PACIFIC COAST HIGHWAY 9tb STREET TO GOLDENWEST STREET HUNTINGTON BEACH, CALIFORNIA CC-645 HUD #B-83—MJ-06-0506 l I 1 I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or. which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. far the furnishing of all labor,materials and equipment,and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices,to wit: ITEM APPROXIMATE ITEM wIIII UNIT PRICE U.':iT TQ1:.L NO. QUANTITY VVRI rT Ers N. wORQS PRICE 1 Lump Sum Mobilization @.4dau�� 219M Lump Sum LuiCp l7,TO 2 Lump Sum Clearing and Grading (See Section 9) cp Lurrip Sum Lump p�Sum 3 LUMP Sum Earthwork (See Section 10) gg I @ Luttlp Sum Lump Sum a a 4 17,000 5F Cribwall @ •4 - Per SF Per SF 3 5 49 LF Concrete Mow Strip @ ' a � � . . . . . . . . . . . . . . . . . . . . . . . . Per LF Per LF P_1`' ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT } TOTAL NO. QUANTITY WRITTEN IN WORDS !RICE I+ 6 Lump Sum Concrete Stairway @ Lump Sum Lump Sum d 7 T5,450 SF Asphalt Paving @ 4 6a Per IF Per SF 7alAo! O 8 45 LF Asphalt Curb @ , ,�,t�, Per LF Per LF 9 3 ea. Trash Receptacles @ ea. ea. 10 I Lump Sum Bike Rack @ _ .. Lump Sum Lump Sum 1;00d _ . 11 47,200 IF Irrigation System @ .24-L11 Per IF Per IF I sed 12 47,200 IF Soil Preparation and Fine Grading @ Per IF Per IF g 13 418 ea. I I Gallon Shrubs @ .� �1�. � �..►�� h� ea. `-Each ��s�W 14 22 ea. 5 Gallon Shrubs 30G ea. Eacn 15 42,300 IF Ground Cover '@ ' Per IF Per IF 1ID,J�J; f P-2 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT I TOTAL. NO. QUANTITY WRITTEN IN WORDS PRICE 16 5, 950 SF Stolonized Turf @ -. � A 737; Per SF Per SF I b 17 1,165 CY Import. Soil @ Per CY + Per CY 18 Lump Sum 30 Day Plant Establishment Period S-—IC, I mp Sum Lump Sum ��Qo~ ter--�- 19 . Lump Sum 60 Day Maintenance Period @1 3 .jDDO�v r Lump Sum Lump Sum TOTAL II ALTERNATE BID ITEMS I I A-1 Lump Sum Remove Existing A.C. Bike Trail at 9th St. ! LAr�jump Sum Lump Sum I ' A-2 13,600 SF ( Regrade and Reconstruct Bike Trail at [�-, 9th Street l�l.- _ .c.�> Per SF Per SF A-3 4,480 LF Paint New and Existing Pipe Rail @ Per LF }'1 -- p� i r A--4 9 ea Add City Logo to Existing Trash Receptacles 4700 each + Each • I P-3 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL L A-5 13 ea. 18' High Palms @ ., �.• , ea. Each� d� i A-6 6 ea. 15: High Palms e a. Each 1 0� 1 A-7 15 ea. 12' High Palms @ ea. Ea I A-8 3 ea. 10' High Palms @ 0 ea. Each A-9 b CY . Import Soil for Palms Per CY Per CY 00 ALTERNATE BID ITEMS TOTAL I TOTAL (Base Bid + Alternate A-1 thru A-9) : : : : : h I a i P-4 It is understood and agreed thaTthe approximate quantities shown in the fore ing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the hasis of the actual quantities in the completed work,whether they he more or less than those shown herein at the unit.prices bid in the proposal schedule. 180 calendar The undersigned understands the contract time limit allotted for the contract is days. 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 con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions 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 requirements of the proposal, plans,specifications,and the contract. Accompanying this proposal is BID BOND (S ), NOTICE:-Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be,in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to executea contractfor doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City,with surety satisfactory to the'City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 419625 TOM DOWNEY CONTRACTOR INC. iPRESIDENT Signature of Bidder Business Address 2364 BURNHAM ROAD, OJAI, CA. 93023 Place of Residence Dated this 7 day of FEBRUARY 19 84, Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P-5 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm fume; TOM DOWNEY CONTRACTOR INC. 2. Address; 2364 BURNHAM ROAD, OJAI, CA. 93023 805 649 2231 3. Telephone 4. Type of firm -- individual, partnership,or corporation: CORPORATION 5. Corporation organized under the laws of the State of CA 6. Contractor's License Number; 419625 Classification of Contractor's License 7. List the names and addresses of all trembers of the firm or names and titles of all officers of the corporation: TOM DOWNER PRESIDENT TIM MCMAHON SECRETARY — TREASURER 8. Number of years experience as a contractor in construction work: THREE 9. List at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Cornpleted► iName and address of Owner) DEL SOL PARK, CITY OF OXNARD, RAY THRUSTON, 805 4864311, 1981, $ 610,005.00 _ PORT HUNEME STRATAGY AREA JOHN DUFFX 805 488 3625 $135 426.00, 1982 HOBERT PARK CITY OF VENTURA MIKE STEWART 805 654780®, 1982, $300,676.00 9HUMASH PARK, CITY OF VENTURA. MIKE STEWART:805-6547800; 1982, $ 323.574.00 OXNARD BOULEVARD MEDAIN, BOB WILLIAMS, 8054864311■ 1981, $ 532,502.00 SPIRRA_LINDj% PARK, CITY OXNARD, DAVE GORCEX, 805 486431E 1983, $400,000.00 10. List the name of the person who inspected the site of the profxtsed work for your firm; LOYD HAWKINS Date of Inspection 28 JANUARY 84. 11. If requested by the City, the bidder shall furnish a notarized financial stat-!rnent, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P—6 OLES1GNATION 'OF SIACONTRACTORS! In compliance with the. "Sublettinn and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California,and any ainendrrients thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime can- tractor in or about the construction of the work or improvement in an amount in excess of ane•hatf ('41 of one percent 0%) • of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor, Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself,and lie shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS Age- A 26 A t,r_A of rn li.��:1aa ��w► e. �. I By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the halance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts eilltied into avid bonds.fwnished by sub-contractor . for this project. P-7 ;'This affidavit shall be executed, in duplical e. I)y Vie: sijrcessful I)irlclFr in nrcnrdancr� with instrur.tions in the Federal Rcgiiirements fnr this project. Bidder may execute the affidavit on this pace and the following page at the time of submitting his bid.) • NON-COLLUSION.AFFIDAVIT To the City of Huntington Beach, Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. -��m���.��►-fir ~c] aLurp of-i3icSder Business Address Place of Residence 9uhscribed and sworn to before me this T j�j day of �. --,or . r 19 I�Jnt, ry I' lic in and for thr r �unLy af'-y DEL s ;MV'ft' " M�OE 0 5tate of Cnlifnrnia. My�, � ,, Poly Commission Expires /awrC4 _-3n 19.92 . NCA—i • NON-COLLUSIt_N AFFIDAVIT • To the City of Huntington Beach, Department of Public Works: . The undersigned in suhmitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Si nature of Hidder Business AcTciress Place of Res2e-nce-- Subscrribed and sworn to b fore me this �f'h :.ay of �f 1 ar , 7Li �and ar the County of St ►I.e of Califorrli 1. My Commission Expires _ 10 OFFICIAL SEAL E11ELY��� �pg p0l�lirf NCA-2 Ini;i yu- "ilILY ',11inLI Lie uxe—L.[._ _J by Lhe sic ce `'IUI III1J,uI lil acco ce with instructiUils in the sped visions. The adder may execute the guaranty on is page at the time of submitting his bid.) • GUARANTY • To the City of Huntington Beach, Department of Public Works: ' PROJECT: The undersigned guarantees the construction and installation of the following work included in this project: Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within b months after date on which this contract is accepted by tree City, the undersigned agrees to reimbruse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of . any such equipment or materials replaced and the cost of removing and replacing arty other work necessary to make such replacement or repairs, or, upon demand by the City, Co replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed .replacements or repairs itself or to have such .replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall 5e furnished and installed within a reasonable time after the receipt of demand frorn the City. if the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. 4 w Co actn gate . 'For Federal assisted Projects) 1015G15536 G--1 TAT 4r;• !k. !=.0. BOX 807, 5AN FRA'•: "SGO, CALIFORNIA 94101, 1 fV K'ti:i Fi d1 N G E • IN January 18 , 1984 CERTIFICATE OF WO �ERt dompr hS'A ION INSURANCE �'.�. 1`' ' POLICY NUMBER: D 1 5 9 8 3 I RTIFICATE EXPIRES; 1 -10-8 5 City o Huntington Beach •. Public liiorks rc 2000 Main St . Huntinu.ton Beach , CA 9264 �� -�Y 1r< Attn: "on Noble TW, is to certify that we have issued a valid Worker's compensation insurance policy in a !orn: approved by the Catifar0ir, lnsurance Cor::missioner to the emplcyer named below for the policy period indicated. To~E- ,,-,Iicy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer, r We ::i,l also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. Tto" certificate of insurance is not an insurance policy and noes not amend, extend or aster the cover::ge affor-oled bye poll :es iistcd herein Notwithstanding any requirement, te•i i, or condition _of any contract or -,!char document. w:}. respect to vj rCh this certificate of insurance may be issued or may per:aln, the ins-urance afforzled by the policies r.-::scribed heroin is subject to all the terms, exclusions and coroitions of such policies. EmPLOYER PRESIDENT i Tor.. Downey 2354 Burnh:l:,. A CA. qno�3 . . . Gam. '+:,fr'"::q41 262A j-itIV.12.80) V .�..,�.„ !-'.! tr �� -4 r - •"'r :r , _ -� F. - •' 'err.' cir'. ;ktt' K9�7:: e•^}.l. r .fy P -- � -- 1- -tq'•� , `t 11;M ry q}��5 �tity�;�- 'H fr - } ,!*}s. Vie•. " ::�C!i;�- «Y!' ,W'{ai;ti• 'S �i��{_�_,',it t4iir„4�`.1r�(1 "{ �r �3'•• Y .� t `t' fr?'_ i'-s: i"LZ •"�" - 7 �.. 5+ r ,.r �i,t . rq 3} - •r �'t�� ,',�1�.K't a �,,� „��f�. - _� 'tf�:•�fit,,ct��`k�L ' -'•- *t�'� 1]�� 4i, j. r� ! y t Fie 5- ,yy ,h, J4 !•a 7p '.!`.k y r-' '� � d , '4; •r. !�'..- r�}'Jrr {sy f-+c4-3 yi - Y �.I;;�'�`:�-!� rL _!_sl A' �y--�:r i-• '�` ! YS��''. -r F,'rl{ }lE�: 'i j ,r F �Y 4 [ 4-��^.? �l"�' ,�rr`rFr^y 1+1.s�} 4} �kla A'iT c, ,X'r"r T i :J- � � �, - y.;.lf�tyt r �.: ar !i, �!+- .a � 7�]Y •}" .'``i -�`.r�.I�c���� i r � f:.r;'Tip�M,•` '!J7�' � y -r� �.tia�, � - -,�•', 3C�'. .r� `r'u Li '(;Jr�r, •-� -air;, _ t .. - -C r. - O 1f„t; n l7n4r n:ll.urd Copy iompl„,„,l c.1r„t4cate to: CERTIFICATE OF INSURANCE Approved as to Form: 4:11y„t Ih+n,u,„tun Minch TO Gail Hutton. City Attorney (:,iv Alrnrn„v I'.`).RCIA 190 CITY OF HUNTINGTON BEACH, CALIFORNIA I-41inlrnglon eftach. CA 92648 RY' Copy 1n Risk Manager allay■pprovel 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 of this time. It.these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 14 days prior written notice, by mail,to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92646. 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 Tom Downey Contractor, Inc. C X 6 Address of Insured 2364 Burnham Road, Ojai , Ca. 93023 Location of Work or Operations to be performed Newland House Barn & Landscaping; CC538 Description of Work or Operations POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective . Expiration In Thousands (000) (INS.) GENERAL LIABILITY JXI COMPREHENSIVE FORM 83GL-368783 5-29-83 5-29-84 $ CSL Aetna Casualty 3 IXI PREMISES-OPERATIONS = �. Each Occurance Surety IXI EXPLOSION AND COLLAPSE HAZARD IXI UNOERGROUND HAZARD BI - $1,000,/1, 00, IXI PRODUCTS COMPLETED PD - $250,/500, OPERATIONS HAZARD iX1 CONTRACTUAL INSURANCE 1 I BROAD FORM X PROPERTY DAMAGE JXj INDEPENDENT A CONTRACTORS IXI PERSONAL INJURY ��([ AUTOMOBILE LIABILITY 83JA14919348 5-29-83 5-29-84 $500, Aetna Casualty & 1" COMPREHENSIVE FORM Surety . 1 J OWNED J J HIRED S CSL Each Occurance I I NON-OWNED EXCESS LIABILITY 1 )0 UMBRELLA FORM 83XS123886 1.1-10-83 11-10-84 $2,000, Aetna Casualty & I I OTHER THAN $ Surety UMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that 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,and/or elective and appointive off!cars,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder,for the&M of the insured,and such insurance shall be Primary to any insurance of the City of Huntington Beach,as their interest may appear. Data 11-18-83 AUTHORIZE RESE E O SURANCE COMPANY INSURANCE COMPANY Aetna Casualty & Surety sy Name 40 Ec Al amar 101 W. Broadway, Galleria Tower r"a Address Santa Barbara, Ca. 93105 City Glen a e, Ca. 91210 City TelephonIs — (805) 682-2571 TICM DO,NEy HOLD HARMLESS AGREEMENT CONTRACTOR, INC. Ito be executed by insured) The insured ' _ . 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, suits, claims, demands, judgments and causer of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or..any operations or activity for which this cmificata of insurance is furnished. .• )lly�y+l��'f'�r/yfyl7lh(� ��1/P,�t4r�s�p/ I31 Corpo do fgi'���i,� HOLD HARMLESS SIGNED: By Insured: Title PrAqidmt (All names shall be printed or typed By Insured: C, r la below each signature_I ' -V1T'y F', VICMAjON If Corporation, TWO Officers must sign,or present evidence of authorization to bind Corporation. BID PROPOSAL FROM . MATHIS .EUVIR0IZENTAL, INC. Firma Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the l BLUFF TOP LANDSCAPE PROJECT N/W SIDE OF PACIFIC 'COAST-- HIGHWAY 9th STREET TO GOLDENWEST STREET HUNTINGTON BEACH, ,:CALIFORNIA CC-645 HUD #B-0—MJ-06-0506 . I I i I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision-of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or. which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,materials and equipment,and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM W11H UNIT PRICE UNIT 7o1:,L No, QUANTITY w"i rl EN !N WORDS PRICE 1 Lump Sum Mobilization @ ,��D O n V r Imp Sum Lump Sum �t 29, S70 2 Lump Sum Clearing and Gradin (see Sec ion 9) 3 day J Vf 7-K v i U✓SG (/ vvr ump Sum Lump Sum I 1 I 3 Lump Sum Earthwork (See Section 10) _ I dw _ ! @ L� Lump Sum lump Sum 4 17,000 SF Cribwall @ -� 70- i Per SF 1 Per SF 5 49 LF' Concrete Mow Strip @ _.. .. . ,bo 0-0. .. .. Aga . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Per LF Per LF � P-1 ITEM APPROXIMATE 'ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE 6 Lump Sum Concrete Stairway Us4,0/ IRK C Lump Sum Lump Sum 7 5,450 SF- Asphalt Paving @ Qhe .1,S6 Per SF Per SF 81 7c5l,- 8 45 LF Asphalt Curb @ ,--tzej Per LF Per LF 9. 3 ea. Trash Receptacles y evj ,e 1 of � ea. ea. 10 Lump Sum Bike Rack j ��� j� �, ✓-� S Lump Sum Lump Sum p� 11 47,200 5F Irrigation System @� W.0._ ,C•)� �'11hs,c i Per SF Per S C 12 47,200 SF Soil Preparation and Fine Grading @ � (O I �l X TEa�YCI ( t� Per SF Per SF 7sSZoY . a 13 418 ea. I Gallon Shrubs @ X �tj� �Vow S ea. Each r " I $ ;42 5 Galion Shrubs @ / r1' .�Q _�_� I 0. f fr I .1t5` •�. ea. I aE`cn Qp 133a � SF Ground Cover Per SF Per SF P-2 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITCE14 IN MFtD$ PRICE . 6 5, 950 SF Stolonized Turf @ AAA,"g- ' Per SF Per SF .SO 17 1,165 Cy Import. Soil @ / Per 'CY Per CY 4�4 18 Lump Sum 30 Day Plant Establishment Period 60 � � v,5 Q Lump Sum Lump Sum I wo 19 Lump Sum 60 Day Maintenanc Period @ (�5 i b� I/ 6c�,s!fit IA-fs Lump Sum Lump Sum 000 oT TOTAL `I ALTERNATE BID ITEMS . I i A--1 Lump Sum I Remove Existing A.C. Bike Trail at 9th St. l�j �Ph E/s1N/C Q`/4� Lump Sum Lump Sum i A-2 3,600 SF Regrade and Reconstruct Bike Trail at �Ao ( �� 9th Street `�Ueper SF Per SF A-3 4,480 LF Paint New and Existing Pipe Rail @ _ Q�( Per LF Per"Ll' I A-4 1 . 9 ea. Add City.Logo to Existing Trash Receptacles IC19 @ ✓ each ! Each. eb P-3 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE A-5 13 ea. 18' High Palms @ �ce'J ln.,u r,)j ea. Each A-6 f 6 ea. 15' High_ Palms @- n r ea. Each ��� ko f A-7 5 ea, 12' High Palms @ Lv r e, I gip Q ea. Each 90 QO I A-$ 3 ea. 10' High Palms @ � �.(/ &10 / l ea. Each A-9 6 CY Import Soil for Palms 47 0/0 bt Iry Per CY Per CY (� y r- ALTERNATE BID ITEMS TOTAL J I I i I �i I (Base Bid + Alternate TOTAL A-1 thru A-9) I , I i f P_A It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the hasis of the actual quantities in the completed work,whether they be more or less than those shown herein at the unit prices bid ' in the proposal schedule. 180 calendar The undersigned understands tite contract time limit allotted for the-contract is . days. 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 con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site.of'the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered,as to the character, quality,and scope of work to be performed,the quantities of matarials to be furnished, and as to the requirements of the proposal, plans, specifications,and the contract. Accompanying this proposal is BIDDERS BOND (�C 10% of bid NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as.a proposal guaranty and agrees that it shall he forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract far doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City,with surety satisfactory to the,City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall he returned to the undersigned. Licensed in accordance with an act providing for the registration-of contract License No. 450993 A MATHIS ENVIRDMMM4L, INC. B : Beau T. Parker — Sec Treas Signa re of Bidder Business Address P.O. BOX 189 CLCANIQNGAs CALIF. 91730 Place of Residence NIA Dated this 7th day of February . 1984 Bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Bidder's Signature P—5 PROPOSED INFORMATION REQUIRED OF BIDDERS ' The bidder is required to supply the following information. Additional sheets may be attached if necessary: 1, Firm Name, MATHIS MWIRM EMAL, INC. 2. Address P-0,- BOX 189 , CUCAMNTGA,CALIF. ,91730 3. 7elephone 714-899-1664 --- -- 4. Type of firm — individual, partnership,or corporation: CORPORATION 5. Corporation organized under the laws of the State of CALIFORNIA 6. Contractor's License Number: 450993 Classification of Contractor's License A 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Wesley T. Mathis - President Cora E. Mathis V. Pres. T, Parker - Sec/Treas _Phylis Parker - V. Pres. 88. Number of years experience as a contractor in construction work: - 20 years 9. - List at least six projects completed as of recent date: (Contract amt.) (Class of work] (Date Co:npletedi (Name and address of Owner) (SEE ATTACHED) 10. List the name of ilia person who inspected the site of the prolxised work for your firm: Beaudry T. Parker Date of Inspection Feb. 3 1984 11, if requested by the City, the bidder shall furnish a notarized financial stalo.inent, fWancial data, or other information • and references sufficiently comprehensive to permit an appraisal of his current financial condition. . P-6 j . We are pleased to submit, for your review; a list of projects which we have successfully completed and/or are currently working on; 3urupa Park Development (completed Aug. , 1982) , $451,816,00 Riverside Co. Parks Dept. , 714-787-2551, G. Balteria P.O. Box 3507, Riverside, Calif. Site Dev. , Landscape & Irrig. , current 390,748:00 Irvine Ranch Water District, 714-833-1223, G. Correa - P.O. BOX D-1, IRVINE, CALIF.. City of Banning P Deve opment complete April 1980 $250,000.00 City of Banning/ Co. of Riverside, 714:-849-4511 (HUD Proj .) 169 N0. RAPSEY BANNING, CALIF. Industrial Bldg. & Site Redevelopment current .00 Nornkm Industries/City of Lake Elsinore/Co. of Riverside 714-787-6547, Andy Soto . (HLID Proj .) - 6254 VANTAGE AVE. NO. HOLLYWOOD, CALIF. 91606 Nbreno Valley Park & Recreation Activity M—e s GSA- current) $550,149.00 Co. of Riverside Administrative Office, 714-787--6547 (HUD Proj .) 4080 Lemon Riverside Calif. 92501 San PEguel ParkDevelopment current ,309.00 City of Newport Beach, P.O. Box 1768 ` Newport Beach, Calif. 92663-3884 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting anti Subcontracting Fair Practices Act" being Sections 4100.4113 of the Government Code of She State of California, and any amendments thereto, each bidder shall set forth below the name;and location of the place of businr:ss of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about ilia construction of the work or improvement in an amount in excess of one-half CA) of one percent W%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself,and fie shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency 'or necessity, and then only after a finding reduced to-writing as a public record oI-the Legislative Body of-the owner. PORTION STATE LICENSE ()F WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS l L�� 1,744 In D By submission of this proposal, the contractor certifies: 1. That lie is able to and will perform tlie:halance of all-work which is covered in the above subcontractor listing,. • 2. That the City Will he furnished copies of all sub-contracts entered.inta and honds.furnislied by sub-contractor for this project. P-7 ;This affidavit shall hr; executed, in riuplicate, hy Vie successful I,irlcier in nrr_nrdanc,r jith instrur.tions in the Ferinral F2r,9r6rements fnr this project. +3idrier m 3y execute the ' affidavit on this pane and the "followinq page at the time of submitting his bid.) NON-COLLUSiON-AFFIDAVIT To the City of Huntington Beach, Department of Public Wor:<s: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, Qnter?d into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive.hidding in connection with such contract. MATHIS ENVIROIZ=AL, INC. By: Beaudry T. Parker - Sec/Treas. ignature of-Bidder P.Q. BOX IA9, QU NGA, CALIF. 91730 Business Address 19859 Hallo 1e Valley. Calif. r Place of esidence 5uhscriberl and sworn to before me this 7t:h day Of February- '19811 oMMAL sFx 1Jntary Public in anrf [or thr_ r nunLy of _ UM LFAV ' raAEt1'RM SM San Bernardino , State of Califnrnia. Cm �� �� ' _._. *Lamm.asm.�DW tl,t • My'Cornmission Expires — see stamp _-- —� 19 NCA-1 NON-COLLUSIG iN AF F[DAVIT To the City of Huntington Beach, Department of Public Works: The undersigned in submitting a bid for performing the following work 'by contract, being duly sworn, deposes•and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. MATHIS -MVIRONIANTAL, INC. PZ:- Beaudry T. Parker - Sec Treas Signature of Bidder P.O. BOX 189, CUCANDMA, CALIF. 91730 Business Address 19859 Haida, Apple Valley, Calif. Place of Residence Suhscribed and sworn to Before me this 7th o f February I.9 84 7BeERNARDINO otzr} l is n and for the County ofvWLIC-CAIIFMO S toLe of (;nlifnrnin. SA CQUMY --- — Clrn Dec.27,1985 My Con-i ,ission F_xpirer, see stamp 1� NCA-2 Ilya IJUQl-;11ILJ ::,tall-,-ju l '{bC:l. . '_i by tale s-iccesslul l ill accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid.) GUARANTY .To the City of Huntington Beach, Department of Public Works: PROJECT: BLUFF TOP LANDSCAPE PRDJECT PHASE II The undersigned guarantees the construction and installation of the following work included in this project: ALL WORK UNDER THE GENERAL CONTRACT Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material. furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes; all within 6 months after date on which this contract is accepted by the City, the undersigned agrees to reimbruse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and .rehlacinq any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option .to make any needed .replacerne-its or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned,' the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. MATHIS ENVIROMENTAL, INC. By: Beaudry T. Parker - Sec/Treas Contractor • FEB. 7, 7984 Bate {For Federal Assisted i'roject.s 1015G1553B G-1 ' BID PROPOSAL FROM • �i�'!' s` �� ��'"'S �G��'V Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the ' • BLUFF TOP LANDSCAPE PROJECT N/W SIDE OF PACIFIC COAST- HIGHWAY 9th STREET TO GOLDENWEST STREET HUNTINGTON BEACH, CALIFORNIA CC-645 HUD #B-83—MJ-06-0506 hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid depositary. 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 conformity with the plans, specifications and special provisions, an file in the office of the Director of Public Works, City of Huntington Beach, California„I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPHOXINIATE ITENI VVII II UNIT PSICE UN1T { TO1:,1 No. QUANTITY WRITT EM !N WORDS PRICE 1 Lump Sum Mobilization .@ 10i'dVe AovwJ jw v— ,l} ( Lump Sum Lump Sum [ZDod I 2 Lump Sum Clearing and Gradi.n (See Section 9) 6000 S% 1 f (4eAA OtX t_— Lump Sum Lump Sum 1(0 000 3 Lump Sum Earthwork (See Section 10) 72. S00 @ &0.'MV /✓„�c rLAt"4 / "Lump um Lump Sum 4 17,000 SF Cribwall @ SI�x IL�IlI Per SF Per SF I 712000 5 49 LF Concrete Maw Strip @ Q 1..(Cvc,- Per LF + Per LF P-1 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUANTITY WRITTEN! IN n'ORDS PRICE- I 6 Lump Sum Concrete Stairway @ '000— I 30,000 r I Lump Sum Lump Sum j� 7 5,450 SF- Asphalt Paving Per SF Per $ 45 LF Asphalt Curb @ �f/( do 11W S �d Z70 Per LF Per LF I 9 3 ea. Trash Receptacles @ VIC `CV7 ea. ea. (Svf� r! 10 Lump Sum Bike Rack @ V L kuAAr__<_4 !p d .r I �'D Lump Sum I Lump Sum i 50O r` . I I 11 i 47,200 SF Irrigation System @ TWM C ZS 1 I ) � &00— I Per SF Per SF I 12 147,200 SF Soil Preparation and Fine Grading @ 2-0 I/A1-QM. C�j1/1 Per SF Per SF I C 13 418 ea. I 1 Gallon Shrubs J�V'm +] ea. Each G 1 i d � s . 14 22 ea. 5 Gallon Shrubs @ J., -74 ea., E ac 15 42,300 SF Ground Cover @ Per SF IPer SF i I P-2 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT i TOTAL NO. QUANTITY WRITTEN IN M`ORDS PRICE l 16 5, 950 SF Stolonized Turf @ ! �4 Per SF Per SF G..e� j � ll -s 17 1,165 CY Import. Soil @ -1 00 I Per CY Per CY 4ibo 18 Lump Sum 30 Day Plant Establishment Period I Do 10 � j 4W&%AAJ ��`� Lump Sum Lump Sum �n�U� , 19 . Lump Sum 60 Day Maintenance Period @ jtV 2000— TVVD -&'V&a e.C. Id&Ws Lump Sum Lump Sum f TOTAL WS i ALTERNATE BID ITEMS A-1 1 Lump Sum Remove Existing A.C. Bike Trail t 9th St. ,ZO � Lump Sum Lump Sum 200U A-Z 13,600 SF Re grade and Reconstruct Bike Tra' 1 t I g r . � � �s 3 00._ 9th Street � Un� Per SF I Per SF 1 A-3 4,480 LF Paint New and/xistmp' Rail @ s� qM Per LF j eP r" I A-4 19 -ea i Add City Logo to Existing Trash Receptacles s j each j Each P-3 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT S TOTAL NO. QUANTITY WRITTEN IN WORDS PRICE A-5 13 ea. 18' High Palms @ do L5 �b�ea. Each 4 A-6 6 ea. 15' High Palms ea. Each A-7 5 ea. . 12' High Palms v' J 3dn 115W ea. Each A-8 3 ea, 10' High Palms ea. Each r A-9 6 CY Import Soil for Pal s @ +/C a5,6Vs Per CY Per CY . r r ALTERNATE BID ITEMS TOTAL 3�1� (Base Bid + Alternate -� TOTAL I. A-1 thru A-9) i P-4 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of-bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work,whether they he more or less than those shown herein at the unit prices bid in the proposal schedule. 180 calendar The undersigned understands the contract time limit allotted for the contract is days. 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 con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions 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 Cquirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is Ak b"A (5 }. NOTICE:-Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City,with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall he returned to the undersigned. r Licensed in accordance with an act providing for the registration of contract License No. Signature of Bidder Business Address d� Place of Residence Z�Q . Dated this Mday of L) . 19 Bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Bidder's Signature P—5 PROPOSED INFORMATION REQUIRED OF BIDDERS The bidder is required fo supply the following information. Additional sheets may be attached if necessary: {�t LLU54 J E WmsTRj(--n M� INC • 1, Firm Namez:,, „_.. �J` �,, A, + - 2. Address•, 101- dfAR,I�I Ay- �4 � � 1o�P n --^� � t�'SA�-� �r-O��D3. Telephone r� 4. Type of firm —individual, partnership, or corporation: _ `~""�0 t"r ` y 1 vDO „ 5. Corporation organized under the laws of the State of C(r�t�-i 6. Contractor's License Number: Classification of Contractor's License ' r �TY1 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Yr B. Number of years experience as a contractor in construction work:' Z5 r5. . 9. List at least six Projects completed as of recent date: (Contract amt.) (Class of work) (Date Completed► iNime and addf ass of Owner) see, a, 10. List the name of the person who i spected the siee of tile rolx)sed work for your firm: Date of Inspection 11. It requester! Icy the City, the hinder shall furnish a notartin.d fimmri.)I st.wTTnknn1, 14m%ncial rlatl, r1T othT:T information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-6 RESIGNATION OF SUBCONTRACTORS In compliance with thn "Subletting and Subcontractiml Fait Practices Act" tieing Sections 4100-4113 of the Government Code of the State of California, and airy amundnrents thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime con- tractor in or about the constructinn of the work or improvement in an amount in excess of ona•hall Na) of one percent {1%) of the prime contractor's total bid, and shall further set-forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall he deemed to have agreed to perform such portion himself, and lie shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitter) in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUN113ER CLASS ¢ By submission Of this prolrosal, the contractor certifies: 1. That lie is able to and will perform the balance of all work which is covered in tilt above subcontractor listing. 2. That the City will be furnished conies of all sub-contracts entered into and hands.furnished by sub-contractor for this project. P-7 t (illII.I.I"is I'I LIC. NO.3B1371 General Engineering Contractor 1055 El Camino Drive Suite F . Costa Mesa, California 92626 Phone (714) 957-0233 & 739-4852 COMPLETED PROJECTS State of California C-100 Fairview State Hospital 18,000- 2701 Fairview Rd. Costa Mesa, CA-92626 (714) 957-5000 City of Newport Beach C-101 Old Newport Blvd: 90,000- 3300 Newport Blvd. C--128 Oasis Park & .5th: _St. Improvements 242,000- Newport Beach, CA 92663 C-131 1983-84 Storm Drain Improvements 218,000- (714) 640-2281 California Dept. of Transportation C-102 Embankment - Costa Mesa 32,000- 120 S. Spring St. - C-106 Fwy, Improvements Industry 19,400- Los Angeles, CA 90012 (213) 620-3550 State of California Department of C-103 El Pescador State Park 63,000- Parks and Recreation C-112 Topanga State Park 14,400- ?422 Arden Way Ste. A-1 acremento, CA (916) 920-6819 City of Anaheim C-108 Lakeview/La Palma Storm Drain 11,500-- 200 S. Anaheim Blvd. C-109 Walnut Creek Storm Drain & Sewer 52,000- Anaheim, CA 92805 (714) 999-5126 Los Alisos Water District . C-110 Grading and Site Improvements 95,000- P.D. Box 699 E1 Toro, CA_ 92630 (714) 830-0580 County of Los Angeles, Road Dept. C-111 Rambla Pacifica Storm Drain 36,555 1540 Alcazar St. Los Angeles, CA 90033 (213) 226-8111 Classic Development C-113 Anaheim Site Improvements 20,000- 17682 Mitchell No. Ste.' 200 C-114 La Habra Shopping Center - Grading 10,000- Irvine, CA 92714 (714) 660-0922 City of San Juan Capistrano C-115 Sunhollow Improvements 184,000- 32400 Paseo Adelanto C-120 Alipaz & Del Obispo St. Improvements 93,000-- an Juan Capistrano, CA 92675 k714) 493-1171 rw GI LLIA*4'SI'I ra LIC. NO.381371 General Engineering Contractor 1055 El Camino Drive • Suite F • Costa Mesa, California 92626 Phone (714) 957-0233 & 739-4852 City of La Habra C-117 Park Sites $ 59,000- 210 Ira Habra Blvd. La Habra, CA 90631 (213) 694-1011 or (714) 526-2227 Turner Residence C-118 Slope Repair 41,000- 989 Cliff Dr. Laguna Beach, CA Knotts Berry Farm-Construction Div. C-119 .Various .Grading and Improvements 460,000- 8039 Beach Blvd. C-121 Various Grading and Improvements Buena Park, CA 90620 C-129 Various Grading and Improvements (714) 827--1776 City of Fullerton C-122 Emery Park Phase III 64,000- 303 W. Commonwealth Ave. C-123 Malvern - Brea Creek Tie-In 120,000- Fullerton, CA 92632 (714) 738-6845 ty of Lakewood C-124 Civic Center - Grading 20,000- 5050 N. Clark Ave. Lakewood, CA 90712 (213) 866-9771 AVCO Community Developers C-127 Dana Elementary School 26,000- 29982 Ivy Glenn Dr. Laguna Niguel, CA 92677 (714) 830-5050 s ' SHEET..�Ofi -�S!�EE o CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: ` �J tip DEPARTMENT OFPURLICWORKS BIDS OPENED 19 ENGINEERS ESTIMATE CCNo �- AHFP NO HL-IM\JOT Silt(H ' BIDDERS No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT- PRICE AMOUNT PRICE AMOUNT 9 c A6 - ��yti'[r ,cu'f�. . c� �fi�l r, s•:. �. 5. ,D I �cv cCCD rc ��I { �,., ram' �� C�,�[ l�Fc; S.f %,o-c) ? -a co I. 5� oG— - - .....___...._. `� i7f 49U Gb L 4 fD 1, o %� jD 2 �C 1t Lv� ! .�l.l-� — .5 1 �0r C C! •71L'.vl� 3! 1 r�f.L /f, J ��-'' ✓ l/ �� I _ h f G �+ L',.� �{.+"i %-�.7 r L'� /J J •J c./ . ;�.L.�� C7' rI_{rC.+' v _ 12- ' I 1 C MFG4.� �[(, �.Z, /+LI-I S x�!� �� !o! TOTALS -- ��� rP, �� f/•�r,, �; ?� ; 1L !�_C •��,,•!j. '�