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HomeMy WebLinkAboutSanitary Sewer Service Agreement - Main Street between Flori REQUEo r FOR CITY COUNCIL -ACTION Submitted by H. E. Hartge Department Public Works \ Date Prepar,.e September 11, , 1978 Backup Material Attached �x Yes U No Subject Property Owner ' s Request for Sanitary .Sewer Service on Main St. City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue , City Council approved zhe request of owners of. three .properties fronting on Main St'. between Florida and Ellis for City participation in the cost of a sanitary sewer and instructed staff to prepare an agreement covering the terms . Recommended Action Approve the agreement concerning participation in the cost of a sanitary sewer line in Main St. with the Main Office Professional Building, a General Partnership; Frank M. & Dolores L. Cracchiola and David & Linda Adler. Analysis The sewer line proposed by the three property owners would eliminate the necessity of the installation of septic tanks since the proposed Beach/ Main trunk line will not be complete until after the development of the three properties . Alternative (1) Have the owners deposit the $8 ,700 with the City and City prepare the plans and let the contract. This will delay the project six to. eight weeks and would ,cost about 20% more . (2) No Project - This will result in the installation of septic. tank.s at the three locations . Funding Source Private . funds in the amount of $8 ,700 and Sewer Fund in the amount of .$9 , 300 . 00 . HEH:mc P10 3178 1, 4. � CITY OF HUNTINGTON BEACH ? INTER-DEPARTMENT COMMUNICATION Ill\II\l,I11\P111 II - Y, r;,, i1 llt.}tton From H. E. Hartge 1+ City Attorney Suf,jccl City/Developers . Sanita.ry Date September 6 , 1978 }' Sewer. Agreement, Southside of A,ain Street Between Florida and Beach. At their meeting of September 5 , 1978 , the City Council authorized the prenarati.on .of an agreement between three land owners on the south- side of Main Street between Florida and Beach Blvd. , and the City for the construction of a sanitary sewer main . s A copy of a letter from the three property owners. addresseO to Bill flartge, is attached. Also attached is a copy of the_ Request for Council Action relating to this matter. These documents should clarify the issue, Please prepare an agreement which includes the following pertinent conditions : . ;1 E 1 . Developer to design sanitary sewer . 2. Developer -to call for bids . 3. Minimum of three bids to be received. 4 . Contractor shall furnish bonds and insurance in the same amounts as required in city contracts . 5. Contractor shall obtain Encroachment Permit to work within public right-of-way and shall pay all fees accordingly including inspection fees . ~ 6 Contractor shall file Notice of Completion on project . 7:. City shall review and approve plans and specifications prior to call for bids. 8. City shall review bids received prior to award of contract . 9 . The .unit price per foot of frontage shall be ca.etermi.ned by dividing the total linear front footage of those Properties to be served by this sanitary sewer project fronting the southeasterly side of Main Street between Florida Street and Beach Blvd . into the total cost of the project including e.naineering survey and design costs, permit fees, inspection costs, and construction costs , and bond and insurance expense. Ptemo Gail Hutton September 6 , 1978 Page 2 10 . City shall advance payment at the established unit price TDer foot for that land frontage shown on Exhibit "A" attached hereto anc`I shall at a later date receive reimbursement. for this advancement when the lands involved connect to the sanitary sewer_ at the time of their development . H, I;. Hartge Director of Public i^lorks ' HEH:MZ : lw i Attach. i I i i REQUEST FOR CITY COUNCIL -ACTION Submitted by H. E. Hartge Department Public Works Date Prepared August 16 , 19 78 Backup Material Attached Fx Yes No Subject Property Owner' s Request for Sanitary Sewer Service on Main St. City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: Owners of three properties fronting on Main St. between Florida and Ellis have requested that the City participate in the cost of a sanitary sewer. A copy of their letter is transmitted. Recommended Action: Approve the proposal in concept and instruct the staff to prepare an agree- ment between the City and the Builders outlining .the terms of participation. The proposal in general is that the Builders will design and construct a sanitary sewer line in Main St. at' a cost to them of $8 , 700 if the City will provide $9 , 300 to cover the cost of the line across vacant property owned by others. Analysis : The proposal is that the three owners (Main Office and Professional Building, General Partnership, Warren Lortie, > a General Partnership; Cracchiolo and Adler) will provide the .plans and arrange for construction of a sanitary sewer on the south side of Main St. . .from Florida St: to Ellis Ave . if the City will provide the funds for the properties not being developed at this time. Of the 600 feet of Main St. frontage .which the—line would accommodate, 290 feet are represented by the three owners (Main Office and Professional Building 130 ' , Cracchiolo 120 ' , and Adler 40 ' ) : Based .on an estimated cost of $18 , 000 and 600 feet of frontage, the front foot cost (which I feel is the equitable method of spreading the cost) would amount to $30 per foot. The owners ' share would then be $8 , 700 , leaving $9 , 300 to be paid by the City. As the other properties connect to the sewer , they would be required to pay $30 per front foot, eventually reimbursing the Sewer Fund $9 , 300 . 00 . The absence of a sewer line in this immediate vicinity would necessitate each owner to install a septic tank. The City of Huntington Beach Sanitary Code requires that a new building connect to a sewer if it is within 200 feet of the property. A public sewer is not within 200 feet of any of the three subject properties . P10 3n8 Request for Council Action August 161 1.978 Page 2 It appears the line planned for Beach Blvd. and Main St. .-cannot be com- pleted until spring of 1979 . - The proposed 8" line is considered a local service line which is meant to serve building laterals , whereas the 18" line.. is considered a collector line..which- usually permits connection only at manholes. Therefore, there is no duplication of lines. There is precedent of the City participation in a sewer line with property owners on commercial property, that being on Warner Ave. east of. Bolsa Chica Street. Alternatives : (1) Have the owners deposit the $8 , 700 with the City and the City prepare the plans and let the contract. This will delay the project six to eight..weeks and would cost about 20% _more. (2) No Project - This will result ..in . the installation of septic tanks at . the three locations. Funding Source: Private .funds in the amount of $8 , 700 and Sewer. Fund in the amount of $9 , 300. 00. HEH: jy August 16 , 1978 Mr. Bill Hartge , Director City of Huntington Beach Department of Public Works P.O. BOX 190 . Huntington Beach, Ca 92.648 Mr. Hartge : The property owners listed below would like to request City of H.B.. participation in the construction of a 8" sewer li.ne from the corner of Main Stree and Florida Street to a manhole located at the Ellis/ Main Street intersection. We would be willing to construct the sewer line and have the.-City participate financially, or have the City .construct the sewer line with we owners as financial participants : We, the property owners, would pay approximately $8,700. 00 of the total cost allocated amongst ourselves , according to lot frontage on Main Street. We are asking the City of H. B. to pay the balance of this cost and collect from future .developers along Main Street, .to recover the City funds . THE MAIN OFFICE PROFESSIONAL BUILDING Warren H. Lortie 18600 Main Street Managing Partner Huntington Beach, California 92648 DAVID and LINDA ADLER 21832 Michigan Lane Lake Forest, California 92630 FRANK M. and DOLORES L. 19712 Quiet Bay Lane CRACCHIOLO as Huntington Beach , Ca 92648 Joint Tenants I 157- 47 I 8EA CH . (NUN TING TON BEACH BL VD. ) /so fso• fso ` �SR TRACT N O LOT 3 N 1 . v O Y. t �}1 LOT .4 LOT 5 j LOT -6 5 N /72 AC.(C) CIO 10, 5 yo A ` ` .?1 oG r roo 200 � O I w,v/7ED CAL, 0 ( z a' 71 34 �yc /6 { / IVJR. LOT 4 Y� r',,A 'PfJ � ��.oll 15 2 0 31 ALP ti C, O 1 x , 1111 ! 29 ti 6� 1 13 Q) LIME PO4 P,05E D B y _j � ,� R p 2 2 ° o �� 28 TA 20 PKopEkP1 OGt/6SC-.5 _ 9 /O 11 12 40 27 S� Q �. Q,25 /VO 59 ,SQ i - - 09 -:.7.9 4 45 p sEweK CO • ----�--rrLOR/fJ'r�— 3`-8%kr FL v, LO INARCH /975 TRACT NO. 7 tit. M. 9 - 8 TRAC T NO. 598 M M. 24- 4 4 ��n: � ����ti'� I�jgirl t`S rls��f q•!`��!!1'{�,�j��J{lt:��tfri'��!lf� . i August. 16 , 1978 Mr.' Bill Hartge ; Director City of Huntington Beach Department of Public .Works . P.O. BOX 190 Huntington Beach, Ca 92648 Mr. Hartge: The property owners listed below would like to request Gity of H.B. participation in the construction of a 8" sewer line from the corner of Main Stree. and Florida Street to a. manhole located at the Ellis/ Main Street intersection. We would be willing to construct the sewer line and have the City participate financially, or have the City construct the sewer line with we owners as financial participants. We, the property owners, would pay approximately $8,700.00 of the total cost allocated amongst ourselves , according to- lot frontage on Main Street. We are asking the City of H. B. to pay the balance of this cost and collect from future develoWalonn Street, to: recover the City funds. THE MAINL BUILDING rren18600 Main Street / Managing Partner Huntington Beach, California 92648 DAVID and LINDA ADLER 21832 Michigan Lane �/ Lake Forest, California 92630 PAN �a�d DOLORES L. 19712 Quiet Bay Lane 4 y CRACCHIOLO as Huntington Beach, Ca 92648 Joint Tenants . AGREEMENT FOR SANITARY SEWER CONSTRUCTION ON MAIN STREET BETWEEN FLORIDA AND BEACH BOULEVARD THIS AGREEMENT, made and entered into this day of 1978 , between the CITY .OF HUNTINGTON BEACH, a muni- cipal corporation of the State of California, hereinafter re- .ferred to as "CITY" , and three developers known as (1) The Main Office Professional Building, Warren, H. Lortie , managing part- ner, 18600 Main Street , Huntington Beach., California 92648; ( 2) David and Linda Adler, 21832 Michigan Lane , Lake Forest , California 92630 ; and ( 3) Frank M. and Dolores L. Cracchiolo , 19712 Quiet Bay Lane, Huntington Beach, California 92648, here i-na£tor jointly referred to as "DEVELOPERS" , WHEREAS, DEVELOPERS desire CITY to participate in financing a construction Project of an eight-inch sewer line from the north side corner of Main Street between Florida and Beach Boulevard, Huntington Beach, California, to a manhole located at the Ellis and Main Street intersection, and (CITY desires to have said sewer line Project constructed at the present time , rather than wait for the area served by the Project to be completely developed, and CITY intends to recover its costs of contribution in financ- ing said Project by collecting fees from future developers of presently vacant property as they hook up and use the proposed eight-inch sewer line , and The absence of said sewer line in said area would neces- sitate DEVELOPERS to each install a separate septic tank on their separate property. 1 . NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : 1. DEVELOPERS shall design the above described eight- inch sewer line project , more particularly described in Exhibit "A" attached hereto and by this reference incorporated -herein and made a part o.f this agreement . DEVELOPERS shall prepare plans and specifications for said Project . CITY shall have the right to review and approve said plans and specifications prior to advertising for invitation for bids . 2. DEVELOPERS shall prepare and advertise invitation for bids at its own expense. A minimum of three bids shall be re- quired. CITY shall have the right to review bids received and shall have rights of approval of the lowest responsible bidder prior to the award of the contract . 3. DEVELOPERS shall require that the successful bidder contractor obtain an encroachment permit to work within the public right-of-way in accordance with Huntington Beach Muni- cipal Code Chapter 12..12. and comply with Chapter 12 . 16, and that the contractor pay all required fees including inspection fees. �+ . DEVELOPERS and. CITY agree that the .Main Street front- age foot cost is the most fair and equitable method of allocating the cost of the Project . The total front footage for this Pro- ject is 600 feet , and the estimated cost of the Protect is $18,000, including the cost of the preparation of the plans and specifications , surveying costs , permit fees, inspection 2. costs,.. construction costs , and the cost of bonds and liability insurance. 5. DEVELOPERS shall pay their proportional share of the Project based on their total front footage of 290 feet being served by this Project . DEVELOPERS' estimated share of the Project is 290 divided by 600 of the total estimated cost which is $8,700. CITY shall pay its proportional share of the Project based on the undeveloped properties on Main Street which have a total front footage of 310 feet which will: be served by this Project when the properties are developed and hookups to the Project are made. DEVELOPERS . shall receive no part of future hookup sewer fees paid to the CITY when connections from said undeveloped properties are made to this Project . CITY'S esti- mated share of the Project is 310\divided. by 600 of the total estimated cost which is $9,300. CITY shall pay its propor- tionate shave of the costs of the Project after the "Notice of .Completion" is filed and demand is made by DEVELOPERS. 6. DEVELOPERS shall require the contractor to file a "Notice of Completion" with the Orange County Recorder' s Office upon completion of the Project . 7 . DEVELOPERS shall require the contractor to furnish bonds and liability insurance as follows : (a) Insurance. On or before 'commencement of Project, contractor shall obtain or provide satisfactory evidence of hav- ing policies of liability and workers ' compensation insurance from companies authorized to transact business in the State of California by the Insurance Commissioner of California. 3. (1) The policy of liability insurance shall be issued to contractor and name DEVELOPERS and CITY, and their officers , agents and employees as additional insureds. (2) The policy shall indemnify, defend and hold harmless DEVELOPERS and CITY for all liability for personal and bodily injury, death and damage to property arising from activities conducted pursuant to this Project by providing coverage thereof, including but not limited to, coverage for negligent acts or omissions of the contractor and his agents , servants and em- ployees committed in the conduct of Project operations. ( 3) The minimum liability limits shall be $300,000 combined single limit per occurrence including property damage. The liability insurance policy shall be noncancellable without. thirty ( 30) days' written notice thereof to CITY. ( 4) The policy of workers ' compensation insurance shall have been previously approved As to substance and form by the California Insurance Commissioner, and it shall cover all employees of the contractor who, in the. course and scope of their employment , are to conduct or do work pursuant to the Project operations . The policy shall be noncancellable without thirty ( 30) days ' written notice thereof directed to CITY. (b ) Bonds . On or before execution of the contractor's agreement , the contractor shall file and thereafter at all times during the course of the Project keep on. file with CITY a cor- porate surety faithful performance bond, approved by CITY'S Ci.ty Attorney, running to DEVELOPERS and CITY in the penal sum equal to the cost of the Project . On or before the execution of the 4 . contractor' s agreement , the contractor shall file and thereafter at all times during the course . of the Project keep on file with the CITY a corporate surety labor and material payment bond, approved by CITY'S City Attorney, in the penal sum equal to one-half .( 112) the cost of the Project . The bidders for the Project shall accompany their proposals with a bidder' s security in an amount equal to ten percent (10% ) of their bid in accord- ance with California Government Code Section 37931, et seq. 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. CITY OF HUNTINGTON BEACH (CITY) ATTEST: —_ Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator City Attorney INITIATED AND APPROVED: (S Director o Public Wor THE MAIN 0 ICE P SIONAL BUILDING DEVELO i Warren H. Lortie, Managing Partner 5. Y DAVID ADLER and LINDA ADLER (DEVELOPER) FRANK M. CRACCHIOLO and i OLOR S L. CRACCHIOLO Joint Tenants (DEVELOPER) 6. -- — Jac �rcc.i.rL_ rNvc iJy-iuy f(Jk SU&SUHFAC,� FEE I f 157-47 SEA CH (HUIV TI/VG rOIV BEACH BLVD.) --- i F: Lq js4 TRACT 0 LOT 3 a. b° .144 Q 0 4 h m 5 m LOT 4 LOT 5 LOT 6 AM , 05 �72 AC.(C) 102 101 v /,5 6 4 'S 17 �v/r�o c�u; 0 �s. s,•6gNK. �� ti"9° 34 33 ��,P y �� aG' 6 16 k. ( BLK. D 32 � y�gLC �P til I9 17 h7R. LOT 4 Y W V 0 ¢0� /5 m y_r 3 �Ory 31 Q PP0�6 GPR 20 ; ° •• 9r " �' _ 30 �0�� 14 O - � 29 ryes. 13 ' • �- '� h n D 2 2 a. O 28 �A / 20' 27 9 io ii 12 4O' { B ° 0 ?6 NNO. 59 sR . I. 09 \ 3r 09 4i)I O 45 1 �0 • t9 tJ.. _ b j MARCH 1975 TRACT NO. 7 M. M. 9 - 8 TRA C T NO. 598 M. M. 24- 4 4 1 1.1,.•;$i` 'nd�.°�.f"�:t ' .��JLi,ti9Ksli iir'1 :+"„c:-:,.e s..rA:nr:te:. •.i. , y nft! !Rtn!ttNMMT'nM^mn�ti„t++�,�t �r,n'ttnNluuan^ii+.nr..; BY DATE L'3 SUBJECT CC��JT c SHEET NO. OF CHKD.BY DATE 8 VC,!0 il�/c ._ �ri�lr°P�/� f-1- C.CNO. 5�G A T77-10-/6-D 1_fll fo Aol REFEk7Er✓CF_ 4LL PP16E5 A1Q:E F0P C0A157X-76)e710A1 IAI P61/6t 3 fff/1i!t14C_�5art�/ — h00 COMVE cT;IO,v rn EX 500 • CO%J,�T,4�UCT/On/ 7-0T/16 = 171300 o t `HUNTINGTON BEACH I From the Desk Of BILL HARTGE Director of Public Works fz/ I I ale- yr �o �►rro►rd evelopme nt October 5, 1978 MR. W. HARTGE Director of Public Works CITY OF HUNTINGTON BEACH CALIFORNIA 92648 RE: SANITARY SEWER CONSTRUCTION ON MAIN STREET BETWEEN FLORIDA AND BEACH BOULEVARD Mr. Hartge: Enclosed please find three (3) bids submitted to this office for sewer installation on Main Street as depicted on Sewer Plans dated 9/21/78. As you can see the bids are higher than we had originally anticipated, during our preliminary cost estimating. Reasons for this cost increase appears to be the fact that final improvement drawings show sewer to be 691 lineal feet long, while the original estimate we had on the sewer was only 600 lineal front footage. Also it would appear extremely difficult to get Sewer Contractor to perform patch paving. I would appreciate it Tf you would investigate the possibility of the City Department performing such work on a paid basis , with all parties to our agreement, including the City of Huntington Beach, sharing in not only the cost of Sewer Improvements Contract, but also in the City Department fees for patching pavement costs. Thank you for your time and consideration in this matter. Si_n n"e1y, Warren H Lortie Project Manager THE MAIN OFFICE PROFESSIONAL BUILDING REJ/mp J255 ENCL 18600 main street, huntington beach,california 92648 (714)848-3133 contractors license 330608 �r r,. f NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : 1. DEVELOPERS shall design the above described eight- inch sewer line project , more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein . and made a part of this agreement . DEVELOPERS shall prepare plans and specifications for said Project . CITY shall have the right to review and approve said plans and specifications prior to advertising for invitation for bids . 2. DEVELOPERS shall prepare and advertise invitation for 4 bids at its own expense. A minimum of three bids shall be re- quired-. CITY shall have the right to review bids received and shall have rights of approval of the lowest responsible bidder prior. to the award of the contract . 3. DEVELOPERS shall require that the successful bidder contractor obtain an encroachment permit to work within the public right-of-way in accordance with Huntington Beach Muni- cipal Code Chapter 12 . 12 and comply with Chapter 12 . 16, and that the contractor pay all required fees including inspection fees. 4. DEVELOPERS and CITY agree that the Main Street front- age foot cost is the most fair and equitable method of allocating the cost. of the Project. The total front footage for this Pro- ject is 600 feet , and the estimated cost of the Project is $18,000, including the cost of the preparation_o. the=pl-.an.s===='71. and specifications , surveying costs, permit fees, inspection 2. f October 5, 1978 BID ANALYSIS OF MAIN' STREET SEWER FLORIDA STREET TO ELLI'S M.C. NOTTINGHAM CO. , INC. 2926 West First Street Santa Ana, California 92703 (714) 547-6464 LIC #294163 BID AMOUNT $ 22,580.00 (Includes 4" laterals to property lines) NOT INCLUDED as. a. part of this bid, but requi'red,'to -.compl ete' Project: Patching/Paving . . . . . GARY J. HERMAN, INC. 2601 S. Yale Street Santa Ana, Ca 92704 (714) 546-3208 LIC #281220 BID AMOUNT $ 19,248.00 Less cost of 4 laterals to PL 354.60 Net Bid Amount $ 18,893.40 NOT INCLUDED as a part of this bi-d, but required to complete Project: Permits Excess dirt hauling . . . . . . Survey. . . . . . . . . .. . . Stakes . . . . . . . . . . . Compaction Tests . . . . . . Patch.i'ng/Paving . . . . . . . GORUP CONSTRUCTION CO. , INC. 523 North McClay Santa Ana, Ca 92701 (714) 541-8889 LIC #349510 BID AMOUNT $ 19,647.50 Less cost of 4" laterals to PL - 400.00 Net Bid Amount $ 19,247.50 NOT INCLUDED as a part of this bid, but required to complete Project: Patching/Paving . . . . . . . i M.C. olti ngham co, i nc, C2926 West First Street Santa Ana, California 92703 • (714) 547-6464 (714) 543-2239 LICENSE NO.294163 Date Octobee 4 1978 Name of Property Owner: Job Location: The :Main Office 186 U O i,^.ain F t. (Include Lot and Tract where possible) City Eluntin:7ton Beach , Ca. Customer's Name: Jarrard Develop-.-went Address: 18600 11131n st. Kun tinrxton Beach . Ca. , 92646 Street City M.C.NOTTINGHAM„CO..,_INC.,or assigns,.hereinafter called--".Nottingham,"and the.unde.rsigned customer, agree: I. Nottingham shall furnish all labor,materials,and equipment to do the following described work at the above job location: To furnish and install appro imately 59211n. ft. of 3" VCP, 3 standard manholes , 2--4*-* VCP laterals (36ff:a. ft. total) and "rechannel 1 manhole. Includes saw cutting,breakina and removing the A.C. pavenent, staking, compaction & compaction testin4jraffic control,, construction bermits , and bonds-q`�-- hoes not include oonstructic:n water, permanent paving, nor any hook un fees nor assesments. TOTAL CONTRACT PRICE: $2 2,5 8 0.0 0 This price is good for 30 days from the above date. Terms of Payment progressive payments, no retertio1. 2. If payment is not made within thirty (30) days from due date, customer shall pay interest thereon at one and one-half percent (1'/z%o) per month from due date; if this obligation is placed with attorney for collection, or suit is filed or mechanic's lien recorded, customer agrees to pay a reasonable attorney's fee,which shall be not less than ten percent (10%)of amount due, and court costs. 3. As part of this contract, both parties agree that in the event of any controversy between Nottingham and customer, whether involving a claim in Tort, contract or otherwise, the same shall be submitted to arbitration according to the laws of the State of California. 4. Time is of the essence in performance of this agreement.Nottingham shall begin work promptly as directed by customer. 5. No additional work or work charges will,be done without prior written authorization of customer and must be approved and, signed by both parties. Any change order executed in the above manner must include the price and shall be incorporated in, and become a part of, this contract. Any work required by governmental agency not stated in this contract.is an extra to be billed as an extra regardless of whether there is a written change order. 6. This contract is based on the assumption that there are no underground obstructions or any other-soil condition not observable to Nottingham on surface ground condition.If any such condition is discovered and necessitates additional work, the additional work shall be paid for by customer at contractor's cost plustx,713M�Iy~f i percent ( 2 5 %) thereof. 7. Nottingham will comply with all local and state building codes and other applicable laws. 8. Contractors are required by law to"be licensed and regulated by the Contractor's State License Board. Any questions concerning a contract may be referred to the Registrar of the Board whose address is: CONTRACTORS'STATE LICENSE BOARD 1020 North Street M.C.NOTTINGHAM CO.,INC. Sacramento,California 95814 BY: IV A Date Customer IF THIS MEETS WITH YOUR APPROVAL, PLEASE SIGN r�RD RL•:TURN WHITE COPY. "HYGI-SEPT" Sewage Disposal Systems • House Connections • Residential and Industrial Waste Pumping GARY J. HERMAN INC. 2601 SO. YALE STREET SANTA ANA CALIF. 92704 PHONE'(714)546-3208 i California State Contrs. LICENSE A 281220 TO: J ARRAIRD DT- E-CIFFMIENT Septa Owner '18 00 1,1a1-gin. S-trAnt Rivatingto-a Boach, Calif. 126�19 PROPOSAL AND CONTRACT We propose, in the shortest reasonable time, to furnish the labor, materials, tools, machinery, and equipment, facilities. supplies, and services and do all things necessary for the completion of the following described work on property located at OF Main fi-nim 1 T ti-i :7 iR,'S f_.i,)-i ESTIMATED ITEM NO. DESCRIPTION OF WORK QUANTITIES UNIT UNIT PRICE TOTAL PRICE SE)TER° T o: I J" c�.B.S. .;1r' T.- i 7P_7 ,7/)„ :n Core. [?»i 11 R RAnli nrp 1 no r+T�ttT'1C9iC?P _PA '—� I\OT'FS° 'I NO PFRIATTR_ NO PFRV1A'1\TT%TT PASTTRTr- 2i RYnPR9 nTRT gPPRAn nl, .Tnn CTTIri. LL_ g14nTTT.T) OTT. TA%TW(Z 'RR T;11T('!OTTisTn1?Vi•i'il I:.'T.7'T(ra O.ATTC-4 rnT?,'Ll T.r1ClC T.i+•d;n'4 -!r'7'1T•? ''I''•':t;' P. M A ITIT+'.T?T A T. mn gnTAM PRnRT.RiUi WTT.T RR A T TTP�F X R�ATER.T_�i-�, .1'T Ill�l 1 GJi.'.,_' ',: rOMFPAnTTni�T TPRTR_ CONISTRTTCTTON V ATER. & FT GITTETRI G STLTUS A_ RAwn AT qc; 7E; PER rPf)W- r7 _ C;T.TTR PV A T R'An-nn MT_ Y11- R . ;, TF PUT-PRA(°R bTATF'.R gTTffTT.P T;T' F GITT.T, TRH' AT '1. 17 - c;n P u? TnT7- O r Q,2.4 7PAVR4R11TT 1;T/Sq; T? '.T'Fi�TFPT0RT PAVT;T) A_ n T)AYS AFT4T' MY �F,I, i-M s'�C)(PT: TV A nn PrP(Tt A ("i-T'.R PT.P.A S.R g1'0,11T P. T R,TTTPT,' V'RT.T.014 C(I'F .. TFTAN'T )TUT — _ _OA GARY J. HERMAN. INC. ACCEPTANCE — TO GARY J. HERMAN, INC. a --_ ____ A--+.1.--,--.:_-__J____----------- ) (7- C.nntractor 1, or we,accept your proposal set forth herein and agree to the conditions contained therein, and instruct you to proceed with said work. The undersigned agrees to pay GARY J. HERMAN, INC. for the herein-described work in accordance with the conditions set forth herein in the paragraph relative to Payment Terms. Datedthis -........... da_v of ......................19 •-•----------• ------•--------------•-------- (Mmer SEE CONDITIONS ON REVERSE SIDE CONDITIONS. it is agreed that after starting work the Contractor may proceed with construction without interruption excepting time required for installation of utilities. However, should Contractor need to ,top work for a period of oiler .....I....... days on account of waiting fora clear right of way, the Owner agrees To reimburse Contractor for any additional costs incurred by Contractor resulting front said excess delay. Quantities are estimated and final payment to be based on actual otcasureorcnt at unit prices specified herein,unless lump sum is quoted. Repaving by Owner unless specifically described in above quotation. Owner to furnish engineering,stakes and pay for permits and inspections. (teener to furnish water without cost to Contractor for flooding,trcnch:,s,etc. Should it be necessary to remove any existing irrigation, pipe or utility lines or other obstructions for installation of above described work,Owner is to remove same at Owner's exi-ilse or have Contractor remove saute on a rust plus i;'r,basis. Upon the signing of the acceptance hereon by the party to whom this proposal is made, this proposal become,a contract between the parties as of the date hereof and upon the terms herein stated provided,however, that it,the teem there has beat any incrtrasc in ha:ic price of material or labor used at the date of acceptance,prices shall be adjusted accordingly or Contractor may cancel this,agreement at option of,Cuntractor. Until the herein described work is complete and accepted,lv•reserve: the right To barricade and close streets under construction at any time. Excess(I from exc;ivation to be spread oil adjoining lots or;irca in uniform manner.but no area grading;;nr.ludcd in this bid. The time within which this contract is to be completed shall be extended by delays du-- to circu,r,srancrs beyond the control of C:nntrtetor including Arts of God;weather conditions: regulations, controls, allocations, priorities or other n::.trictions by any governmental body or authority;or inability of Conrraetor to secure necessary materials or labor when needed through regular rer-ogni7i'd channels at the current legal prices.Contractor shall not be required to pay black market prices for materials or labor. Payment Terms: On or before the Rth of each month, the Owner agrees to pay the Contractor 95'31.for all work completed the preceding month and the balance 35 days after completion. Intctost on accounts not paid when due at 1 H"i,per annual. Any personal property installed,furnished or provided by Contractor pursuant to this contract,whether or not the same be affixed to or otherwise become appurtenant to any real property, including pipe, pipeline, and fit rine.s,shall remain the prop,:rt y of Contractor until all amounrs due hereunder are fully paid. In the cvent.of default in any such payment,Contractor,in addition to any other remedy_,may remmve.the same or any part thereof at the vest of Owner. From date of installation thereof in ur upon Owner's prupercy, however, Owner shall be fully responsibh: therefor and for all costs and expenses incident thereto including taxes and insurance. in the event of any action to enforce the terms hereof or to collect past dur amounts hereunder, prevailing party shall pay all costs and attorney's fees of Contractor. ROCK: Should rock be encountered--cost of breaking and removing same by blasting,shooting orjar.k hammer will be at cost plus extra. WA. b Should underground water be encountered, cost of controlling same with gravel & pumps will be charged for by the amount of rock used S t per ton. BOND: Should the Contractor require a bond. Subcontractor shall furnish said bond and the Contractor ogre,s to pay the prrmium,which amount shall not exceed 3'",of the Total:unount of the contract. "Under the Mechanics' Lien Law (California Code of Civil Procedure, Section 1191 et seg), :in% contractor, subcontractor. laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to cnfo:cc a claim against your property. This means. after a court hearing.','out-property'could he sold by a court officer and the proceeds of the sAc used ro sarisfy the indebtedness.This can happen n even if you have paid your rotractor in full, f the subcontractor.Ltburcr,or supplier remains unpaid." QUESTIONS WHICH A PERSON MAY HAVE REGARDING A CONTRACTOR MAY RE ItEFERR.ED TO THE REGISTRAR OF CONTRACTORS IN SACRAMENTO. O R O N ST R T I N .�T I I� . ._ �. G UIrC 1JC O C LICENSE # 349510 �• - _ TELEPHONE INSURED 541-8889 523 NORTH McCLAV f. SANTA ANA.CALIFORNIA 92701 i To: Jarrard Developrale'A'L Job Location: Main & Ellis—Huntington Beach (Hereinafter called Owner) - -Address: 18600 Main St'ee t Description: Sewer Bid City. Huntinmton Beach. ..Calif- C)2648 PROPOSAL AND CONTRACT APPROX. DESCRIPTION UNIT PRACE TOTAL QUANTITY 69l LF 811 Se4•�er T�lain .__._.._ .• = - - __ ^• 22050 - -`�'1-59.54705:) _.._�- ea..._ - Standard_ Manholes @ 1 9100.00 3,300.00 'I ea Core Drill & Rechannel. Base @ 400.00 400.00 . 19,247-5C REMARKS: Permanent Waving by. others. 2:.ea 4-"" Laterals _ ; 200.00 Date Sept. 28th 1978 / GORUP CONSTRUCTION COMPANY v e CONDITIONS: All quantities are approximate and will be accurately measured upon completion and charges made accordingly at the above quoted unit prices:Any additional costs,caused by changes or deviations of plans or specifications,will be assumed by the Owne . The Owner will furnish all permits and pay all engineering costs and/or all inspection fees involved in the performance of this Contract. The Owner will assume responsibility for damage to underground pipelines and conduits that are not properly.located by him (the Owner). Payment of 90% will be due on or before the 10th of the month following installation of work. The remaining 10%will be due im- mediately upon acceptance by the proper authority (unless other terms are written on this contract). This Proposal will become null and void if not accepted within 30 days after the date shown hereon. The Contractor agrees to perform this Contract in a skilled and workmanlike manner, will exercise a conscientious precaution to avoid personal injury or property damage. GORUP CONSTRUCTION COMPANY Date By: • r Date Accepted-by: __ Page #4 - Council Minutes - 9/18/78 MINUTES - APPROVED .Approved and adopted minutes of the regular meeting of 8/7/78, adjourned regular meeting of 8/21/78 and corrected Pages 11 and 17 of the 7/17/78 minutes, as recommended by the Clerk, with Councilman MacAllister abstaining. AGREEMENT - SANITARY SEWER SERVICE ON MAIN STREET APPROVED The City Clerk presented an agreement between the City and Main Office Professional Building concerning participation in the cost of a sanitary sewer line in Main Street for Council 's consideration.. A motion was made by Pattinson, second MacAllister, to approve and authorize execu- tion of an agreement between the City and Main Office Professional Building, a General Partnership, Frank and Delores Cracchiola and David and Linda Adler, concern- ing participation in the cost of a sanitary sewer line in Main Street'. Councilman Siebert inquired whether there would be other agreements pertaining to the sewer. It was determined that the one agreement would cover the three parties involved. The motion carried by the following vote: AYES: Pattinson, MacAllister, Mandic, Siebert, Shenkman NOES: Bailey ABSENT: Thomas PLANS AND SPECIFICATIONS =..CALL FOR BIDS - CLOSURE OF MCFADDEN AVENUE AT BOLSA CHICA STREET - APPROVED The City Clerk presented plans and specifications and the call for bids for closure of McFadden Avenue at Bolsa Chica Street. On motion by Pattinson, second MacAllister, Council approved Plans and Specifications and authorized the call for b ids for the closure of McFadden Avenue at Bo1sa Chica Street. The motion carried by the following vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman NOES: Siebert ABSENT: Thomas . PUBLIC HEARING - APPEAL - TPM 76-50 - CONTINUED TO 10/2/78 Mayor Shenkman announced that this was the day and hour set for a public hearing on an appeal filed by Councilman John Thomas, to allow the Board of Zoning Adjustments ' approval of an amendment to Tentative Parcel Map No. 76-50 - a two-lot division of land. The subject property is located on the northwest corner of Dunbar Street and Leslie Lane in an R2 Medium Density Residential District. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the appeal , no communi- cations or written protests to the matter had been filed. Page #3 - Council Minutes - 9/18/78 AUDIT OF CETA FUNDS - Approved and authorized execution of Supplemental Agreement No. 3 between the City and Peat, Marwick, Mitchell and Company for an audit of the Comprehensive Employment and Training Act Funds. OLD TOWN PARK SITE - SITE PLAN - Approved the "Old Town" Park Site.Plan in concept, to allow the City to apply for State Park Bond Fund reimbursement for acquisition . and development. AGREEMENT - CITY OF FOUNTAIN VALLEY - TRAFFIC .SIGNALS - Approved and authorized execution .of an agreement. between the City and t e City of Fountain Valley for the sharing of construction costs and maintenance costs for a traffic signal at Slater Avenue and Newland Street. PLANS AND SPECIFICATIONS/CALL FOR BIDS - MICHAEL DRIVE STORM DRAIN - CC-435 - Approved p ans, specifications and Negative Dec aration No. 7 -28 and authorize t e call for bids to construct the Michael- Drive Storm Drain. PLANS AND SPECIFICATIONS/CALL FOR BIDS - TRUDY-WOODSTOCK STORM DRAIN - ' CC-435 - W-p—proved plans, specifications and Negative Declaration No. 78-27 an au� thoized the call for bids to construct the Trudy-Woodstock Storm Drain. PLANS AND SPECIFICATIONS/CALL FOR BIDS - TRAFFIC CONTROLLERS. - Approved plans and specifications and authorized advertisements for bids for providing traffic signal controllers for traffic signals installation in connection with Projects CC-412, CC-427, CC-428 and CC-449. PLANS AND SPECIFICATIONS/CALL FOR BIDS .- TRAFFIC SIGNALS AND TRAFFIC SIGNAL MODIFICATION - Approve plans and specifications And authorized allthorized the call for bids to install or modify traffic signals at the following locations: Edinger Avenue, 600 feet east of Goldenwest street; Goldenwest Street at the entrance to college; and McFadden Avenue at Goldenwest Street. 405 FREEWAY AGREEMENT - STATE OF CALIFORNIA__- Approved and authorized execution of the new freeway agreement between the City and the State of California relating to that portion of the 405 Freeway within the City limits. PLANS AND SPECIFICATIONS/CALL FOR BIDS - OAK VIEW 6ARE CENTER/BUSHARD COMMUNITY CENTER!- Approved plans and specs ica ions ana authorized a Department o Pu6Tic Works (in conjunction with the project architects, Blurock & Partners) to advertise and receive bids for the construction of Oak View Day Care Center and Bushard Community Center. ENVIRONMENTAL COUNCIL RESIGNATION - MOON - Accepted, with regret, the resignation of Linda S. Mooh from the Environmenfal Council and authorize preparation of an appropriate commendation. HUMAN RESOURCES - RESIGNATION MIGNANELLI - Accepted, with regret,. the resignation of Betty. Mignanelli, from the Human Resources Council and authorized preparation of an appropriate commendation. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM NO 77-205 - Refused appli- cation for Leave to Present Late Claim and rejected Late Claim No.- 77-205 filed by Southern California Edison Co. for alleged damages to facilities on or about 11/7/77 in the vicinity of 5432 Heil Avenue, City. ' I REQUE.'.-.-, r FOR CITY COUNCIL ACTION _ SUbmitted by. Iiartge ���': Department Public Works Date Prepared September 11, 1978 Backup Material Attaclied F Yes F, No S1;!,;ect Property Owner' s Request for Sanitary Sewer Service on Main St. r City Administrator's Comments --------------- Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue City Council approved the request of owners of three properties fronting on Main St. between Florida and Ellis for City participation in the cost of 'a sanitary sewer and instructed staff to prepare an agreement covering the terms. Recommended Action Approve the agreement concerning participation in the cost of a sanitary sewer line in Main St. with the Main. Office Professional Building, a General .Partnership; Frank M. & Dolores L. Cracchiola and David & Linda Adler. Analysis The sewer line proposed by the three property owners would eliminate the necessity of the installation of septic tanks since the proposed Beach/ Main trunk line will not be complete until after the development of the three properties . Alternative (1) have the owners deposit the $8 ,700 with the City and City prepare the .plans and let the contract. This will delay the project six to eight weeks and would cost about 20% more : (2) No Project. - This will result in the installation of septic tanks at the three locations. F_u_n_ainc Source �.�--- Private funds—in the amount of $8 ,700 and Sewer Fund in the amount of $9 , 300 . 00 . 1iE1f:me / P10 3n8 i AGREEMENT FOR SANITARY SEWER CONSTRUCTION ON MAIN STREET BETWEEN FLORIDA AND BEACH BOULEVARD THIS AGREEMENT, made and entered into this day of 1978, between the CITY OF HUNTINGTON BEACH, a muni- cipal corporation of the State of California, hereinafter re- ferred to as "CITY" , and three developers known as (1) The' Main Office Professional Building, Warren H. Lortie , managing part- ner, 18600 Main Street , Huntington Beach., California 92648; ( 2) David and Linda Adler, 21832 Michigan Lane, Lake Forest , California 92630 ; and ( 3) Frank M. and Dolores L. Cracchiolo, 19712 Quiet Bay Lane, Huntington Beach, California 92648, here- inafter jointly referred .to as "DEVELOPERS" , WHEREAS, DEVELOPERS desire CITY to participate in financing a construction Project of an eight-inch .sewer line from the north side corner of Main Street between Florida and Beach Boulevard, Huntington Beach, .California, to a manhole located at the Ellis and Main Street intersection, and CITY desires to have .said sewer line Project constructed at the present time , rather than wait for the area served by the Project to be completely developed, and CITY intends to recover its costs of contribution in finahe- ing said Project by collecting fees from future developers of presently vacant property as they hook up and use the proposed eight-inch sewer line , and The absence of said sewer line in said area would neces- sitate DEVELOPERS to each install a separate septic tank on their separate property. 1 . NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : 1. DEVELOPERS shall design the above described eight- inch sewer line project , more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein and made a part of this agreement . DEVELOPERS shall prepare plans and specifications for said Project . CITY shall have the right to review and approve said plans and specifications prior to advertising for invitation for bids . 2 : DEVELOPERS shall prepare and advertise invitation for bids at its own expense . A minimum of three bids shall be re- quired. CITY shall have the right to review bids received and shall have rights of approval of the lowest responsible bidder prior to the award of the contract . 3. DEVELOPERS shall require that the successful bidder contractor obtain an encroachment permit to work within the public right-of-way in accordance with Huntington Beach Muni- cipal Code Chapter 12 . 12 and comply with Chapter 12. 16, and that the contractor pay all required fees including inspection fees. 4 . DEVELOPERS and. CITY agree that the .Main Street front- age foot cost is the most fair and equitable -method of allocating the cost of the Project . - The total front footage for this Pro- ject is 600 feet , and the estimated cost of the Project is $18,000, including the cost of the preparation of the plans and specifications , surveying costs, permit fees, inspection 2. costs, construction costs , and the cost of bonds and liability insurance. 5. DEVELOPERS shall pay their proportional share of the Project .based on their total front footage of 290 feet being served by this Project . DEVELOPERS' estimated share of the Project is 290 divided by 600 of the total estimated cost which is $8,700. CITY shall pay its proportional share of the Project based on the undeveloped properties on Main Street which have a total front footage of 310 feet which will be served by this Project when the properties are developed and hookups to the Project are made. DEVELOPERS shall receive no part of future hookup sewer fees paid to the . CITY when connections from said undeveloped properties are made to . this Project . CITY'S esti- mated share of the Project is 310 divided by 600 of -the total estimated cost which is $9,300. CITY shall pay its propor- tionate share of the costs of the Project after the "Notice of Completion" is filed and demand is made- by DEVELOPERS. 6. DEVELOPERS shall require the contractor to file a "Notice of Completion" with the Orange County Recorder' s Office upon completion of the Project . 7. DEVELOPERS shall require the contractor to furnish bonds and liability insurance as follows : (a) Insurance. On or before commencement of Project , contractor shall obtain or provide satisfactory evidence of hav- ing policies of liability and workers ' compensation insurance from companies authorized to transact business in the State of California by the Insurance Commissioner of California. 3. (1) The policy of liability insurance shall be issued to contractor and name DEVELOPERS and CITY, and their officers , agents and employees as additional insureds. (2) The policy shall indemnify, defend and hold harmless DEVELOPERS and CITY for all liability .for personal and bodily injury, death and damage to property arising from activities conducted pursuant to this. Pro,jec.t by providing coverage thereof, including but not limited to, coverage for negligent acts or omissions of the contractor and his agents , servants and em- ployees committed in .the conduct of Project operations. ( 3) The minimum liability limits shall, be $300 ,000 combined single limit per occurrence including property damage. The liability insurance policy shall be noncancellable without thirty ( 30) days ' written notice thereof to CITY. ( 4) The policy of workers' compensation insurance shall have been previously approved as to substance and form by the California Insurance Commissioner, and it shall cover all employees of the contractor who, in the course and scope of their employment , are to conduct or do work pursuant .to the Project operations . The policy shall. b.e noncancellable without thirty ( 30) days ' written notice thereof directed to CITY. (b ) Bonds . On or before execution of the contractor' s agreement , the contractor shall file and thereafter at all times during the course of the Project keep on file with CITY a cor- porate surety faithful performance bond, approved by CITY'S City Attorney, running to DEVELOPERS and CITY in the penal sum equal to the cost of the Project . On or before the execution of the 4 . t contractor' s agreement , the contractor shall file and thereafter ' at all times during the course of the Project keep on file with the CITY a corporate surety labor and material payment bond, approved by CITY'S City Attorney, in the penal sum equal to one-half ( 1/2) the cost of the Project . The bidders for the Project shall accompany their proposals. with a bidder' s security in an amount equal to ten percent (10%) of their bid in accord- ance with California Government Code Section 37931, et seq. 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. CITY OF HUNTINGTON BEACH (CITY) ATTEST: �, cry`"' ti! :c= .• yN..��•�---► Mayor City Clerk REVIEWED AND APPROVED: . APPROVED AS TO FORM: ity Administrator City Attorney INITIATED AND APPROVED: CS 'Director o Public Wor THE MAIN 0 ICE P SIONAL BUILDING DEVELO i Warren H. Lortie , Managing Partner 5 . DAVID" ADLER and i LINDA ADLER (DEVELOPER) FRANK M. CRACCHIOLO and OLOR S L. CR CHIOLO Joint Tenants (DEVELOPER) 6 . Y City' of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 4 , 1979 Main Office Professional Building 18600 Main Street Huntington Beach, CA. 92648 Attention: Warren H. Lortie Subject: Main Street Sewer Florida St. to Beach Blvd. Gentlemen: Following is a breakdown of costs for the paving work performed by City forces in conjunction with the subject sewer line installed by your company. 78 Equipment hours $ 616 . 00 80 Manhours @ $9 . 20/hr. 736 . 00 42 . 05Tons of A.C. @ $11. 18/ton 470 . 00 50 Tons of C.M.M. @ $3 . 00/ton 150 . 00 Total paving costs $1 , 972 . 11 Less City' s share $1 , 019 . 90 Main Office Professional Building Developer ' s share $ 952 . 21 If you have any questions regarding these figures , please let me know. Very truly yours , H. E. farn e Director of Public Works HEH:JWW:mc AA- City ®f Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 4 , 1979 Main Office Professional Building 18600 Main Street Huntington Beach, CA. 92648 Attention: Warren H. Lortie Subject: Main Street Sewer Florida St. to Beach Blvd. Gentlemen: Following is a breakdown of costs for the paving work performed by City forces in conjunction with the subject sewer line installed by your company. 78 Equipment hours $ 616 . 00 80 Manhours @ $9 . 20/hr. 736 . 00 42 . 05Tons of A.C. @ $11. 18/ton 470 . 00 50 Tons of C.M.M. @ $3 . 00/ton 150 . 00 Total paving costs $1 , 972 . 11 . Less City ' s share $1, 019 . 90 Main Office Professional Building Developer ' s share $ 952 . 21 If you have any questions regarding these figures , please let me know. Very truly yours , H. E. Hart' Director of Public Works HEH:JWW:mc �® City ®f Huntington Beach ® P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 4 , 1979 Main Office Professional Building 18600 Main Street Huntington Beach, CA. 92648 Attention: Warren H. Lortie Subject: Main Street Sewer Florida St. to Beach Blvd. Gentlemen: Following is a breakdown of costs for the paving work performed by City forces in conjunction with the subject sewer line installed by your company. 78 Equipment hours $ 616 . 00 80 Manhours @ $9 . 20/hr. 736 . 00 42 . 05Tons of A.C. @ $11. 18/ton 470 . 00. 50 Tons of C.M.M. @ $3 . 00/ton 150 . 00 Total paving costs $1 , 972 . 11 Less City' s share $1 , 019 . 90 Main Office Professional Building Developer ' s share $ 952 . 21 If you have any questions regarding these figures , please let me know. Very truly yours, H. E. Hart Director of Public works HEH:JWW:mc AJ City ®f Huntington Beach P.O. BOX 190 CALIFORNIA 92648 EP ENGINEERING DEPARTMENT January 4 , 1979 Main Office Professional Building 18600 Main Street Huntington Beach, CA. 92648 Attention: Warren H. Lortie Subject: Main Street Sewer Florida St. to Beach Blvd. Gentlemen: Following is a breakdown of costs for the paving work performed by City forces in conjunction with the subject sewer line installed by your company. 78 Equipment hours $ 616 . 00 80 Manhours @ $9 . 20/hr. 736 . 00 42 . 05Tons of A.C. @ $11. 18/ton 470 . 00 50 Tons of C.M.M. @ $3 . 00/ton 150 . 00 Total paving costs $1, 972 . 11 Less City' s share $1, 019 . 90 Main Office Professional Building Developer ' s share $ 952 . 21 If you have any questions regarding these figures , please let me know. very truly yours , H. E. Hartge Director of Public Works HEH:JWW:mc i -7 6 3 fC4j � 1r,2- 3 - 3o ' ��►�7y /. yq ; 6o O X 31a� .RT-CRAFT BUSINESS FORMS— (714) 535-7951 REQ.NO. 413310 1 1 3 K 1 e 'T ��JJ J. I J. ¢� DEPARTMENT USE 18 ,0 ,0 ,0 -0 ,9 I Il ,Z.Z-��7, I 1 , 1 1 I 1 I I___J HI IA IQ I 1 6 7 Acc't No. 12 M M D D Y Y M M D D Y Y 25 78 80 13 18 19 24 Date Required HUN'TWGTON B61CH MATERIAL Requested by Public Works Approval REIC,UISITION Approved bye-�f � �� — Contacted For additional information call John Phone PURCHASING Phone 5431 DATE December 21, 1978 VENDOR # P.O. # e * The Main Office Professional Building s N P D 18600 Main St. P O R Huntington Beach, CA, 92648 T F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay& Add: Terms: days e I Payment for City' s share for the construction of the Main St. sewer between Florida St. and Beach Blvd. pursuant to cost participation agreement dated September 18 , 1978 . Cash with Order $9 ,259 . 19 TOTAL $ 9 , 259 . 19 REQ.NO. AMOUNT REQ. NO. AMOUNT REQ. NO. AMOUNT 1 2 3 _` CITY OF HUNTINGTON BEACH REQUEST FOR BUDGET APPROPRIATION REVISIONS Date 12/21/78 From To Account No. Amount Account No. Amount 800001 9259 . 12 800009 9259 .12 i Total 9259. 12 Total 9259 . 12 Justification : Funding for the construction of the Main St. sewer between Florida Street and Beach Blvd. pursuant to cost participation agreement dated Sept. 18 , 1978 . a f Approvals* 1 . Department Head: , 2. Director of Flna ce: 3• City Administrator: 4. Mayor: * If between departments, requires Approval 1-4. If within department, requires Approval 1-3. V1 0 R K R lov 197 R. D E 8 CITY 01" HUINT.INGTON BEACH bl A 1 N T E NA 'CE 01, PUBLIC VIORKS DEPARTMENT OF PUBLIC ','l!0RKS CITY. OF HUNTMUTUN LEACH J 0 B Ui C AT 10 Il 11171 7 z P/i 7 Zz 4 - D S C it I T 10 0 R I-, Dt= Requested By TOterials To Be Charged To Account No . 7-X 4 ee-r Approved By Request—L-aig Department !"Tead E It,C', i C)f-, NlLaterial rCI S;f-- 11;2, 7-, Alf". 7e-. 7 ASSIGIIED 10 Total lluaLerizii Cost L J :Duildings Streets approved Ely: Trees c Main o;"1ance Pl.(lninistrat, i c, Ll 1,10 C 11 L..f,4 C,,,, L L -j )ewers f. U a t e r Cc—lr;lk-:tedl Daue Survey L Cancelled ea s o r Des i"n dark- ] j C) (-,,OW-- The Main Office PQ@V 000@nd DuoHdoong November 30, 1978 CITY OF HUNTINGTON BEACH. Department of Public Works Huntington Beach, California RE: SANITARY SEWER CONSTRUCTION ON MAIN STREET BETWEEN FLORIDA AND BEACH BOULEVARD dated September 18 , 1978 ATTN: William Hartge Mr. Hartge: Sewer installation as per contract with Gorup Construction is now complete. Copies of invoices relating to preparation and install- ation are included herewith for your records . Emerald Engineering Invoice 2146 $ .183 . 75 Emerald Engineering Invoice 2115 305. 91 Huntington Beach Prints Invoice 5699 10 . 01 Huntington Beach Prints Invoice 5220 12 . 21 " City of H.B. Water Hydrant Permit 809 10 . 00 Gorup Construction Co. , Invoice 11/17/78 19 , 247. 50i Total Cost of Improvements $ 19 ,769 . 38 As per our agreement dated September 18, 1978 , the proportionate share of costs- to the City of Huntington Beach is 51. 66% of the total: Payable to Gorup Construction $ 9 ,943 . 26 Payable to THE MAIN OFFICE 269 . 60 (:Reimbursement for miscellaneous costs of engineering, reproduction, water hydrant permit. ) Please direct any inquiries or requests for further information to our offices, 18600 Main Street, Suite 300, Huntington Beach. Thank you for your assistance and cooperation in this matter. Sincere Warren H-. Lortie Managing Partner ENCL 18600 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 TELEPHONE(714)847-5338 INVOICE NO. 2146 EMERALD ENGINEIL: .ING 417 MAIN ST. SU,lE A HUNTINGTON BEACH, CA. 92648 (714) 536-6133 SOLD TO t 't.�G� ~�- SHIPPED TO STREET& NO. cZ =�' Y !` STREET&NO. CITY �L-t �� ` 'ter c' Pi CI CUSTOMER'S ORDER SALESMAN TERMS VIA F.O.B. DATE ' 7e, z�,..c? v.-L Gc-.-,-•�...._�.._.ra—'�4� -v�-...ram. C- �v -.-�- Rediflrm INVOICE 7H 737 - INVOICE NO. 2115 EMERALD ENGINEERING 417 MAIN ST. SUITE. A HUNTINGTON BEACH, CA. 92648 (714) 536-6133 SOLD TO. . . t Ct�'`-n SHIPPED TO STREET& NO. i`�ma's C�� ► r ' ""`'' --�� ( STREET&NO. . 'L CITY L ���.Lr�' -'1 �3�?c� G. L%� e CITY '$CUSTOME-R'S ORDER SALESMAN TERM F.O.B. DATE S a / 7 L_C-. 4'_v z _Redi rm INVOICE f 7H 737 N HUNTs.. GTON BEACH BLUE[ JINT 1617 ALABAMA I S P.O. BOX 635 BLUEPRINT T^ 'Q a HUNTINGTON BEACH, D CALIF. 9264E T DATE 0 P. 0. N0. TIME BACKGROUND: LOOSE ❑ EDGE BIND ❑ ORDERED �/ WANTED LIGHT❑ MEDIUM ❑HEAVY❑ STAPLE ❑ FULL BIND ❑ DESCRIPTION PROCESS N0. OF NO. F TOTAL SQ. FT. TOTAL PERT�pEp AMOUNT ORIG. EACH NO. EACH SQ. FT. SUuARAE R< <JSpa A I1 ,x !1/ J /.N Y J v 4 . SPECIAL INSTRUCTIONS: _ O SUB TOTAL SALES T ) B 5699 �L u _ HUNZ .JGTON BEACH BLUE_ .,DINT 1617 ALABAMA IIFB1© S LHUNTINGTON 635 BLUEPRINT �- C�/L�� �'�_ BEACH, 2648 Z T -� TIME ' 0 P. 0. N0. © BACKGROUND:DATE LOOSE ❑ EDGE BIND ❑ ORBD,ERED � j WANTED LIGHT❑ MEDIUM ❑HEAVY❑ STAPLE ❑ FULL BIND ❑ DESCRIPTION PROCESS NO. OF N0. F TOTAL SQ. FT. TOTAL UER -PER AMOUNT , ORIG. EACH NO. EACH SQ. FT. SOUARE Coo-7/ 4- 4- 1-0 f rT Li SPECIAL INSTRUCTIONS: SUB TOTAL SALES TAX B 5220 TOTAL LiC. NO.349510 Gorup Construction Co., Inc. PIPELINE CONSTRUCTION 523 N.McCLAY SANTA ANA,CA 92701 (714)541-8889 November 17th 1978 Jarrard Development 18600 Main Street Huntington Beach, Ca. Billing: Main & Ellis, Huntington Beach 691 LF 8" Sewer Main @ 22.50 $15,547.50 3 ea Standard Manholes @1100.00 39300.00 1 ea . Core Drill & Rechannel Base @ 400.00 400.00 le- $19,247.50 RECAP: City- of Huntington Beach $9, 943. 26 The Main Office Building 4 , 903 . 33 Frank Cracchiolo 2 , 940 . 14 David Adler 1 460 . 77 $19, 247. 50 1;W. ORS ARE REOUIRED BY L' - TO BE LICENSED AND REGULATED BY'T"- CONTRACTOR'SSTATE LICENSE BY QUESTIONS'CONCERNk A CONTRACTOR MAY BE REFERRED T HE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTORS' STATE LICENSE BOARD 1020 N STREET SACRAMENTO, CALIFORNIA 95814 HB/01-5009 Page No. 1 of3 Pages CONTRACT NUMBER Chun #xur#trrn §§uhruntrar# Cl his AGREEMENT is between: THE MAIN OFFICE PROFESSIONAL BUILDING, SEWER 14AINS ref : Drawing 412 (9/21/78) ;. (NAME �larren .. ortie,N Managing Partner (NAME OF PROJECT) and, DAVID and LINDA ADLER, and Pain & Ellis & Beach vicinity (STREET ADDRESS) (STREET ADDRESS) FRANK M, and DOLO_RE_S__L. CR_A_ CCHIOLO (Developers) _ Huntington Beach, California (CITY.STATE, ZIP CODE AND TELEPHONE) (CITY AND JOB TELEPHONE) anb THE CONSTRUCTION LENDER. IS: GORUP CONSTRUCTION CO . , INC.. none (NAME OF SUBCONTRACTOR) (NAME OF COMPANY) 523 North Y.cClay -- (STREET ADDRESS) (STREET ADDRESS) Santa Ana, Ca 92701 (714) 541-8889 LIC 349510 (CITY,STATE, ZIP CODE AND TELEPHONE) (CITY, STATE, ZIP CODE AND TELEPHONE) IF THE PRIME CONTRACTOR IS ALSO THE OWNER, ALL REFERENCES TO "CONTRACTOR" APPLY TO THE CON- TRACTOR IN HIS CAPACITY BOTH AS PRIME CONTRACTOR AND OWNER. IF THE CONTRACTOR IS NOT THE OWNER, THE NAME AND ADDRESS OF THE OWNER ARE: See Above (NAME) (STREET AND NUMBER) (CITY) (STATE) (ZIP) (PHONE) A. DESCRIPTION OF WORK: Subcontractor will furnish all labor and materials to construct and complete, upon the project described above, in a good, workmanlike, and substantial manner to include: See attached SCOPE OF WORK SCHEDULE NINETEEN THOUSAND TWO HUNDRED FOURTY SEVEN & 5W H B. PAYMENT SCHEDULE: Contractor will pay Subcontractor the sum total o{: Dollars ($ 19 . 247 . 50), in installments as follows: PAy1gENT IN FULL UPON COi7PLETION OF WORK *►-•- HB/01-500.9 2 3 C UNTRA N Page _ of • ITEM 1. PLANS, SPECIFICATIONS AND SUBCONTRACT: The plans, specifications and this subcontract are in- tended to supplement each other. In case of conflict however, the provisions of the contract between the Contractor and Subcontractor regarding conflict shall,apply.. If,there.is no such provision, the plans shall control the specifications, and the provisions of 06..subcontract shall control both the plans and specifications. ITEM 2. MANNER OF PAYMENT: If payments are to be made from a construction loan, Owner represents that the said construction loan fund is sufficient to pay the contract price and for all extra work which may be ordered by Owner, and Owner will do everything possible to expedite all paymetns. Any retention pay- ment authorized to be withtheld until expiration of the mechanic's lien period shall be paid as soon as the structure is completed if the Subcontractor has provided the Owner with a corporate surety bond in at least one and one-quarter times the amount of the retention payment otherwise to be withheld, which bond shall guarantee payment of any mechanic's lien claim which may be recorded against the property: 2.1 If corrective or repair work of a minor nature remains to be accomplished by the Subcontractor after the Project has been inspected and approved by the Building Department and is ready for occupancy, the Subcontractor will perform such work expeditiously and the .Owner will not withhold any payment pending the completion'of such work. 2.2 If major corrective or repair work remains to be accomplished after the building is ready for occupancy and has passed final inspection by the Building Department, the cost of which work aggregates more than 1% of the gross contract price, then the Owner, pending completion of such work, may withhold payment of a sufficient amount to pay for completion of such work but shall not withhold any greater amount. ITEM 3. LABOR AND MATERIAL: Subcontractor shall pay all valid charges for labor and materials used on the work covered by this subcontract. If Contractor is required to pay for any labor or materials ordered by Subcontractor on this Project, Subcontractor shall immediately reimburse Contractor. ITEM 4. FEES AND PERMITS: Subcontractor will pay for all building permits related to phase of cons- truction covered by this subcontract, but the Owner or Contractor shall be responsible for plan check fees, utility company fees of any kind, and any other public body impound fee. ITEM 5. EXTRA WORK: The subcontract price set forth in this subcontract shall be deemed to be full compensation for all work and materials furnished by the Subcontractor whether specifically called for by the contract, plans, or specifications, or not, and no additional compensation shall be paid to the Sub- contractor unless a written extra work order is signed by the Contractor in advance, stating that the work is extra work and designating the amount to paid for the extra work. ITEM 6. DESTRUCTION OF PREMISES: If the Project is destroyed by fire or other catastrophe, the Sub- contractor will be paid for all work performed theretofore, and shall be relieved of any further obliga- tion under this contract. ITEM 1. DELAY: Subcontractor shall be excused for any delay in completion of the work covered by this subcontract, caused by acts of God, acts of the Owner, or the Contractor, or the Owner's agents, or the Contractors agents, stormy weather, extra work, failure of Contractor to make progress payments when due, and other contingencies unforeseen by Subcontractor and beyond the reasonable control of same. ITEM B. ATTORNEY FEES: If either party becomes involved in litigation arising out of this subcontract or the performance thereof, the court shall in such litigation, or in a separate suit, award attorney fees to the justly entitled party. Unless judgement goes by default, the attorney fee award shall not be computed in accordance with any court schedule, but shall be such as to fully reimburse all attorney fees actually incurred in good faith, regardless of the size of the judgement, it being the intent of the par- ties to fully compensate for all attorney fees paid or incurred in good faith. ITEM 9. BANKRUPTCY: If the Contractor or the Owner or the Subcontractor should become bankrupt or make an assignment for the benefit of creditors, the Subcontractor, or his trustee in bankruptcy, shall be paid the reasonable value of all work theretofore performed, and the obligations of all parties under this sub- contract shall thereupon terminate. ITEM 10. NOTICES: Any notice required or permitted under this subcontract may be given by ordinary mail at the address contained in the subcontract, but such address may be changed by written notice given by one party to the other from time to time. Notice shall be deemed received in the ordinary course of mail. ITEM 11. INSURANCE: Workmen's Compensation, public, contractual and automobile liability and property T R C I TY damage insurance in amounts satisfactory to the Contractor or Owner and sufficient to hold the Owner and 1. B . Contractor harmless from all liability arising in any connection with the work to be performed under this. subcontract shall be secured and maintained by the Subcontractor, who shall furnish certificates ai thb 0 O 0 0 0 • 0 0 �E QUIRE . aforementioned insurance to the Contractor before commencing the work, in amounts not less than S lJ , ITEM 12. CONTRACT VALIDITY: This contract shall not be enforceable by either party until each party has in his possession a completed copy of the contract signed by the other. Copies to be completed in full and all blank spaces or omissions must be initialed by both agents. ITEM 13. SPECIAL PROVISIONS: Please refer to attached Schedule, if any, for alternate prices or other special provisions to this subcontract. (SEE SCHEDULE a 1-t;3['h d 31 October 78 xffafiW": Agent for Owners SUB-CONTRACTOR: THE MAIN OFFICE PROF BLDG GORUP CONSTRUCTION CO . , INC. Warren 171. Lortle john Gorup President T,T1. Managing Partner . David & Linda Adler Frank M. and Dolores L. Cracchiolo SCOPE OF WORK: to include all installation for 8" sewer, per- . plan dated 9/21/78, #412 : Permits , survey, saw cutting, disposal of AC -debris , excavation, shorings , bedding of pipe, installation of pipe, installation of manhole, channeling of manhole, backfill with recompaction, compaction tests/reports. if necessary. e ' Not a part of this contract : water supply, engineering, rawings , laterals to property lines , permanent patching or pavings . Contractor to provide/procure prior to commencement of work: 1) City Business License 2) Standard Insurance .Certificate per City of Huntington Beach requirements . 3) Bonds as follows : a. Corporate Surety Faithful Performance Bond-- in the amount of the contract . b . Corporate Surety Labor and Material payment Bond in the amount of 50% of the contract . Other Provisions : Billing to be in full , no retentions , upon completion of work and filing of Notice of Completion by Contractor. Bonds cannot be released until 35th day following Notice of Completion filing. s � November 1 , 1978 TO: DAVID ADLER and LINDA ADLER, Developers _ FRANK M. CRACCHIOLO and DOLORES CRACCHIOLO, Developers THE MAIN OFFICE PROFESSIONAL BUILDING, Developer i RE : Construction of Sewer Line in Main Street AMENDMENT TO AGREEMENT DATED SEPTEMBER 8, 1978 between all parties . • j Subsequent to preparation of actual working drawings for installation of joint sewer lines proposed on Main Street and the bidding for costs of same, it would appear that actifal • � cost of sewer shall be as follows : $ 19 , 247 . 05 Basic Installation (Copy of Contract enclosed. ) 489 . 66 Civil Engineering for design survey, working drawings ; copy of paid in full invoices attached, and reimbursement for same is due to THE MAIN OFFICE . Asphalt patching and paving allowance payable to City of H.B. : if paid at old rate , $700 . 00 , but if paid at new rate. schedule , $1 , 500 . 00, 1 , 50.0.. 0.0 assuming we- must pay maximum amount . $ 21,=236. 71 Total Estimate to Date .for complete scope- of work. i Mr. W. Hartge of City of -H.B. has indicated his understanding of reasons for the additional costs over original estimate (See Paragraph 4, page 2 of agreement between City of H.B . and Developers) wherein .the Project cost was estimated only at $18 , 000. 00, and City of H.B. was absorbing 51 . 66% of -the total costs and the Developers were responsible for 48.33%, our agreement dated 9/8/78 stated dollar amounts of estimate of costs . As per our agreement to allocate Developer' s share of expenses on basis other that . front footage method as recommended by City of H.B. , the breakdown of costs is .as follows : - .NAME PERCENTAGE ORIGINAL $ AMENDED $ City of Huntington Beach 51 . 66% $9,300 .00 $10 , 970 . 88 • The Main Office Prof Bldg 52. 7% of -bal. 4, 584. 90 5 ,410. 09 Frank M. Cracchiolo . 31. 6% "of bal. 2, 749 . 20 3 ,244. 00 David Adler , 15 . 7% of bal . 1,365 . 90 1 ,-611 . 74 Totals $18 ,000 . 00 $21 ,236 . 71 In additional to above, ' th.e bid estimate for each sewer lateral is $200. 00, payable '100% by individual property owner so desiring such lateral to be installed: Page Two ll/1/78 Developer's share of .costs will be due upon completion of work and filing of Notice of Completion by sewer contractor. Enclosed please find the following: 1 . Copy of Working Drawings 2 . Copies of invoices for Civil Engineering 3 . Copies of three (3) bids received for proposed work o and copy of cover letter of transmittal of same to City of Huntington Beach for review.' 4. Copy of contract to perform work, entered into with GORUP CONSTRUCTION- CO . , INC. 5 . Copy of our original agreement with City of Huntington Beach for installation of sewer on Main Street . 6. Copy of -allocation agreement dated September 8 , ' 1978 , and acknowledged by all Developers. Please acknowledge your understanding of these matters , and sign where indicated below; retain copy of this communication for your files , and return the signed copy to the offices of THE MAIN OFFICE PROFESSIONAL BUILDING, 18600 Main Street, Huntington Beach. Thank you for your cooperation in this matter . Sincerely, Robert E. Jarrard Developer ACKNOWLEDGEMENTS : THE MAIN OFFICE PROFESSIONAL BUILDING by: Warren H. Lortie, Managing Partner FRANK M. and DOLORES L. CRACCHIOLO y : Frankracc io o, eve oper DAVID ADLER and LINDA ADLER y : David Adler, Developer AGREEMENT FOR SANITARY SEWER CONSTRUCTION ON MAIN STREET BETWEEN FLORIDA AND BEACH BOULEVARD THIS AGREEMENT, made and entered into this day of 1978, between the CITY OF HUNTINGTON BEACH, a muni- cipal corporation of the State of California, hereinafter re- ferred to as "CITY" , and three developers known as (1 ) The Main Office Professional Building, Warren. H. Lortie , managing part- ner, 18600 Main Street , Huntington Beach., California 92648; ( 2) David and Linda Adler, 21832 Michigan Lane, Lake Forest , California 92630 ; and ( 3) Frank M. and Dolores L. Cracchiolo, 19712 Quiet Bay Lane, Huntington Beach, California 92648, here- Inafter jointly referred to as "DEVELOPERS" , WHEREAS, DEVELOPERS desire CITY to participate in financing a construction Project of an eight-inch sewer line from the north side corner of Main Street between Florida and Beach Boulevard, Huntington Beach, California, to a manhole located at the Ellis and Main Street intersection, and CITY desires to have said sewer line Project constructed at the present time , rather than wait for the area served by the Project to be completely developed, and CITY intends to recover its costs of contribution in financ- Ing said Project by collecting fees from future developers of presently vacant property as they hook up and use the proposed eight-inch sewer line , and The absence of said sewer line in said area would neces- sitate DEVELOPERS to each install a separate septic tank on their separate property. 1 . NOW, THEREFORE,. in consideration of the covenants and agreements herein contained, the parties hereto agree as follows : 1. DEVELOPERS shall design the above described eight- inch sewer line project , more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein and made a part of this agreement . DEVELOPERS shall prepare plans and specifications for said . Project. CITY shall have' the right .to review and approve said plans and specifications prior to advertising for invitation for bids . 2 . DEVELOPERS shall prepare and advertise invitation for bids at its own expense. A minimum of three. bids shall be re- quired. CITY shall .have the right to. review bids received and shall have rights of approval of the lowest responsible bidder I rior to the award of the contract . 3. DEVELOPERS shall require that the successful bidder contractor obtain an encroachment permit to work within the public right-of-way in accordance with Huntington Beach Muni- cipal Code Chapter 12. 12 and comply with Chapter 12. 16, and that the contractor pay all required fees including inspection fees. 4 . DEVELOPERS and CITY agree that the Main Street front- age foot cost is the most fair and equitable method of allocating the cost of the Project . The total front footage for this Pro- ject is 600 feet , and the estimated cost of the Project is $18,000, including the cost of the preparation of the plans and specifications, surveying costs, permit fees, inspection 2. costs , construction costs , and the cost of bonds and liability insurance . 5. DEVELOPERS shall pay their proportional share of the Project based on their total front footage of 290 feet being served by this Project . DEVELOPERS' estimated share of the Project is 290 divided by 600 of the total estimated . cost which is $8,700. CITY shall pay its proportional share of the Project based on the undeveloped properties on Main Street which have a total front footage of 310 feet which will be .served by ,this Project when the properties are developed and hookups to the Project are made . DEVELOPERS shall receive no part of future hookup sewer fees paid to the CITY when connections from said undeveloped properties are made to this Project . CITY'S esti- mated share of the Project is 310 divided by 600 of the total estimated cost which is $9,300. CITY shall pay its propor- tionate share .of the costs of the Project after the "Notice of Completion" is, filed and demand is made by DEVELOPERS. 6. DEVELOPERS shall require the contractor to file a. "Notice of Completion" with the Orange County Recorder' s Office upon completion of the Project . 7 . DEVELOPERS shall require the contractor to furnish bonds and liability insurance as follows : (a) Insurance. On or before commencement of Project , contractor shall obtain or provide satisfactory evidence of hav- ing policies of liability and workers ' compensation insurance from companies authorized to transact business in the State of California by the Insurance Commissioner of California. 3. (1) The policy of liability insurance shall be issued to contractor and name DEVELOPERS and CITY, and their officers , agents and employees as additional insureds. (2) The policy shall indemnify, defend and hold harmless DEVELOPERS and CITY for all liability for personal and bodily injury,. death and ,damage to property arising from activities conducted pursuant to this Project by providing coverage thereof, including but not limited to, coverage for negligent acts or omissions of the contractor and his agents , servants and em- ployees committed in the conduct of Project operations. ( 3) The minimum liability limits shall be $300,000 combined single limit per occurrence including property damage. The liability insurance policy shall be noncancellable without thirty ( 30 ) days ' written notice thereof to CITY. ( 4) The policy of. workers ' compensation insurance shall have been previously approved as to substance and form by the California Insurance Commissioner, and it shall cover all employees of the contractor who, in the course and scope of their employment , are to conduct or do work pursuant to the Project operations . The policy shall be noncancellable without thirty ( 30) days ' written notice thereof directed to CITY. (b ) Bonds . On or before execution of the contractor' s agreement , the contractor shall file and thereafter at all times during the course ,of the Project keep on file with CITY a cor- p orate surety faithful performance bond, approved by CITY'S City Attorney, .running to DEVELOPERS and CITY in the penal sum equal to the cost of the Project . On or before the execution of the 4 . contractor' s agreement , the contractor shall file and thereafter at all .times during the course of the Project keep on file with the CITY a corporate surety labor and material payment bond, approved by CITY'S City Attorney, in the penal sum equal to one-half ( 112) the cost of the Project . The bidders for the Project shall accompany their proposals with a bidder' s security in an amount equal to ten percent (10% ) of their bid in accord- ance with California Government Code Section 37931, et seq. 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. CITY OF HUNTINGTON BEACH (CITY) ATTEST: •v.... �...,.�,.�., .C. t�'✓y•!{(�M'��✓ Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator City Attorney INITIATED AND APPROVED: C� �; ff 2 - yi/i irector o Publ c Wor y THE MAIN 0 ICE P SIONAL BUILDING DEVELO Warren H. Lortie, Managing Partner 5. ia.0 DAVID ADLER and LINDA ADLER (DEVELOPER) FRANK 'M.�CRACCHIOLO and L. C DOLOR ES L. CRACCHIOLO Joint Tenants (DEVELOPER) 6. Ab WHEN RECORDED MIL TO: �A CONFORMED COPY The Plain Office Not Compared with Original. Professional Building 18600 Main Street Suite 300 Huntington Beach, Ca 92648 $6.00 RECORDED IN OFFICIAL RECORDS C A OF ORANGE COUNTY. CALIFORNIA -g !o .AMDEC 141978 ' NOTICE OF COMPLETION LU A. BRANCH County Rerorder NOTICE IS HEREBY GIVEN that the contract heretofore awarded by THE MAIN- OFFICE PROFESSIONAL BUILDING, and DAVID L. ADLER, and FRANK M. CRACCHIOLO, to GORUP CONSTRUCTION CO. , INC. , who was the company thereon for doing the following work to-wit: a roadway in the City of. Mumtington Beach, That certain work of street improvements for installation of sewer main and appurtenances from intersection of Florida Street and Main Street, on Main Street, to intersection of Main Street/Ellis Avenue, as per Street Improvement Plan #412 , dated 9/21/78, City of Huntington Beach. That said work was completed by . said company according to plans i and specification and to the satisfaction of the City Engineer of the City of Huntington Beach, and that said-'work was accepted on December 5, 1978. That upon said contract the OHIO. CASUALTY INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this day of December, 1978 . THE MAIN OF ICE PROF.ZSSIONAL BUILDING A Gener 1 artne p .Owner by: ' Warren H. Lortie, Managing Partner FRANK M. CRACCHIOLO Owner Verification f,,r INDIVIDUAL owner STATE OF LIFORNIA COUNTY OF ss. O n cue • The undersigned, beingXoti duly sworn, stat that he is the owner of the aforesaid interest or estate in the property described in the above that he has read the same,knows and understands the contents thereof, and that the facts stated therein are true. Signature of ur named SUBSCRIB AND SWORN TO before me on Signature Notary Public in and for said state. Verification for INDIVIDUAL owner STATE OF CALIFORNIA COUNTY OF ss. The undersigned, being ft st duly sworn, states that he is the owner of the aforesaid interest or estate in the property described in the above notice; that. he has read the same, knows and understands the contents thereof, and that the facts stated therein are true. Signature of owner named n F(Zq )K- If� • C)-SZ� C— (IC�LJ OFFICIAL SEAL ORIN G. BERGE, JR. SU SCRIBED AN SW RN TO before me @ r NOTARY PUBLIC CALIFORNIA / PRINCIPAL OFFICE IN on v_t! C�.�yt J ; s t►w ORANGE COUNTY Signal a My Commission Expires June 14, 1981 Notary P�ici. ifo, state. Verification for PARTNERSHIP owner: STATE OF CALIFORNIA COUNTY OF ss. n4 being duly sworn,says: y 1 at a is one of thee'part ers of .d_t IuLvw, the partnership thatexecuted I the f regoing notice as owner of the aforesaid interest or estate in the property therein described;that)he makes t Ific tion on behalf of said partnership. that he has read said no nd o_ws the contents thereof,and that the facts X. led wCs Signature_ofpartner "„ OFFICIAL SEAL' ORIN G. BERGE JR. SUBSCRIBED D SWORN TO efore me Q �t / ! d - r I Cr / Y �= NOTARY PUBLIC CALIFORNIA on 000 PRINCIPAL OFFICE IN Signature ! ' _a�`� ORANGE COUNTY Notary Publi and fo ai state. My Commission Expires June 14, 1981 i t i i (official notarial seal) WHEN RECORDED 14AIL TO: - The Main Office Professional Building 18600 Main Street Suite 300 Huntington Beach, Ca 92648 NOTICE OF COMPLETION . NOTICE IS HEREBY GIVEN that the contract heretofore awarded by THE MAIN OFFICE PROFESSIONAL BUILDING, and DAVID L. ADLER, and FRANK M. CRACCHIOLO, to GORUP CONSTRUCTIO14 CO. , INC. , who was the company thereon for doing the following work to-wit: a roadway in the City 'of Huntington Beach, That certain work of street improvements for installation of sewer main and appurtenances from intersection of Florida Street and Main Street, on Main Street, to intersection of Main Street/Ellis Avenue, as per Street Improvement Plan #412, dated 9/21/78) City of Huntington Beach. That said work was completed by said company according to plans and specification and to the satisfaction of the City -Engineer of the City of Huntington Beach, and that said work was accepted on December 5, 1978. That upon said contract the OHIO .CASUALTY INSURANCE COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8 day of December, 1978 . THE MAIN OFFICE PROFESSIONAL BUILDING A General Partnership by: Warren H. Lortie, Managing Partner DAVID L ADLER Owner. FRANK M. CRACCHIOLO Vrrrtr,jfi,m I-r C:II)VIIAIA1..-wncr S"I A*I V 01 CA1.11ORNIA ('01,IN'I Y Oh Orange Tic undcrsil;ncd, being firs( duly sworn, states that he is the owner of the aforesaid interest or estate in the property described in the above notice; that, he has read the smile,knows and understands the contents thereof, and (hat the facts stated therein are true. S jtnalurc of l . �_w,nCr named - ���� �'-'c�� p eot•ooOA000ss®PeO��e�soeueP��+ OFFICIAL SEAL AVID L. ADLER T,.° "" RICHELLE A. CUMMINd SUBSCRIBED AND SWORN TO before me M� IAK I •ut:uC t-AutvkrNIA p :•,�`� ORANGE COUNTY on December 8 1 CqP My Commission Expires Jun 6,1981 • SignaturE Caf'�C.� ♦oeooed000aosse�aeos6�oo�ov�o♦ Riehelle A. Notary Public in and for said state. Cumming . Verification for 1 'DIVIDUAL owner STATE OF CALIf=O NIA COUNTY OF ss. The undersigned, bein first duly sworn, states that he is the owner of the aforesaid interest or estate in the property described in the above rice; that he has ad the same, knows and understands the contents thereof, and that the facts stated therein are true. Signature of owner named SUBSCRIBED AND S PORN TO lore me on Signature Notary Public n d for said state. Verification for PARTNERSHIP owner: STATE OF CALIFORNIA COUNTY OF ss. being duly sworn,says: That he is one of the partners of the partnership that ex cuted the foregoing notice as owner of the foresaid interest or estate the property therein described; that he akes this verification on bah f of said partnership. that he has read said notice and knows the cont nts thereof,and that the facts therein fated are true. Signature of partner SUBSCRIBED AND S1t'ORN T before me � I on Signature Notary Public in and for said state. � I (official notarial seal) L L r �,'��: /' J- Ufr' SUfjSUf�f 4CL- f t r 117- 47 " SEA CH (HUA' TING TOAD SEA CH eLVO ; is so iso iso' i SQ TRACT i OLOT 3 I AS 00. O LOT 4 LOT 5 j LOT 6 Vl- ; /./72 AC.(C) ✓;� l O t 102 r(;f 31 061 too 1 200 / 1 0 1 II UN/7E0 CA4• �' { -6ANK. p yyy 18) 1 4 , 34 33 �a-P� ����BLn. o LG P �1 j 19 = 1 ,t)a. LOT 4 . 32 GQ�` ;tC- a � /5 ti O ,,Q Pt�j GPR 2 0 14 1 q 29 28 �A IA Q� 22,` 27 g /O l/ /2 4o rj ., .2 6 c /VO. 59 i 09 f 9 a< -ss of � yo -a'xp i MARCH 1975 TRACT N0. 7 M. M. 9 - 8 TRACT NO. 598 M. M. 24 - 44 REQ.NO. LI.1„l 11 O - ' -: i/ .� EPA T` NT USE • .18 ;0 ,0 0,0 ,9 1 � �J L�t-1 H A O 1' 6 , 7 Acc't NO. 12 M M.D D I M: M :D. 11Y Y_ 25 78 80 13 18 19 24 .y Date Required HUNTINCTCIN BEACH- - - _ MATERIAL Requested by Public Work Approv Approved by Contacted REWISITION PURCH w �I�� For additional information call Jo n � Phone H Phone 5431 DATEDedember . 21, 1978 VENDOR # P.O. # e ' The Main..Offide Professional. Building H 1U 1 D 18600, Main St. P o _ _ R Huntington Beach, "CA, 9264R o F.O.B. Destination Delivery within Confirm Plus Frt.-Prepay&Add: Terms: days QUANTITY UNIT DESCRIPTION _Payment for City's share for the construction of the Main St. sewer between Florida -St. 'and Beach Blvd. pursuant to cost participation -agreement dated September 18 , 1978 : Cash with Order $9 ,259 . 19 RECEIVED DEC 2 7 1978 Go of ACH FMANCE DEP�ENTT TOTAL $ 9 ,259 . 19 REQ.NO. - AMOUNT - REQ. NO. AMOUNT - REQ. NO. AMOUNT ' 2 3 4 -- -:5 - 6 PURCHASING COPY