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HomeMy WebLinkAboutKIRT LAND CLEARING, INC. - 1996-05-20*ram. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 5, 1996 Jan NVensik Kirt Land Clearing, Inc. 345 E. Gardena Blvd. Gardena, CA 90248 Dear Mr. Wensik: CALIFORNIA 92648 The City Council of the City of Huntington Beach at their regular meeting held Alay 20,1996 approved execution of the enclosed agreement between the City/Redevelopment Agency and Kirt Land Clearing, Inc. for Demolition of buildings - 520 Pacific Coast Highway and 302 and 314 Fifth Street Enclosed is a duly executed copy of the agreement for your records_ Sincerely, r0a� iI0 ,� Connie Brockway City Clerk Enclosure: Agreement CC:cc gxekwana \ (Telephone: 714-536-5227) Council/Agency Meeting Held: S Deferred/Continued to: ®•Approved 0 Conditionally Approved ❑ Denied - City Clerk's Signal Council Meeting Date: 5/20/96 Department ID Number. ED 96-29 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY T. MEMBERS ={ SUBMITTED BY: MICHAEL T. UBERUAGA, Executive e r -jr PREPARED BY: DAVID C. BIGGS, Economic Development Direct r¢.; SUBJECT: DEMOLITION OF BUILDINGS - MAIN -PIER PROJECT AREA I Statement of Issue, Funding Source, Reconi nmW Action, Alternative Action(&), Analysis, Environmental Status, Attachrnentils7 ]}- Statement of Issue: The Agency -owned buildings located at 520 Pacific Coast Highway and 302 and 314 Fifth Street are now vacant. Attached is a contract for the demolition of these structures in preparation for development cf the sites. Funding Source: E TM-ED-907-610.000 (TBW) E TM-ED-909-610.000 (Phase 11) Recommended Action: Motion to: Approve the attached contract with Kirt Land Clearing, Inc. For the demolition of Agency - owned structures located at 520 Pacific Coast Highway, 302 Fifth Street and 314 Fifth Street for an amount of $26,000 plus a twenty percent contingency for a total authorization of $31,200. Alternative Action(s): Do not approve the attached contractIm. This will pre-empt preparation of these sites for development. Analysis: In November 1995, the Redevelopment Agency acquired the last remaining private parcels within the Third Block West Project Site. Several years ago, the Agency acquired the land and improvement at 520 Pacific Coast Highway (occupied by Wind N' Sea Surfboard Shop). Earlier in 1996, the Agency provided 90-day notices to vacate to the tenants occupying all these buildings and they are now vacant. REQUES7FOR REDEVELOPMENT AGEkoCY ACTION MEETING DATE: 5120196 DEPARTMENT ID NUMBER: ED 96-29 In order to prepare these sites for the development of the Third Block West and Main -Pier Phase It projects, it is necessary to demolish these structures. The Department of Public Works has solicited bids for demolition work and four firms responded. The attached contract with Kirt Land Clearing, Inc. for an amount of $26,000 constitutes the lowest bid received. Authority for an NTE of $31,200 is sought to accomodate contingencies. Environmental Status: NIA Attachmentlsl• 1. Summary of Bids for Demolition - Third Block West and Wind N' Sea 2. Contract with Kirt Land Clearing, Inc. 3. Insurance Certificates DCB:SVK:ee RAA96-29.DOC -2- 09.05.96 11:29 AM Bids far Demolition of 3rd Block West & Wind & Sea (1) Kirt Land Clearing Wind & Sea $ 5,200 6th & PCH Bank 15,900 302 5th Office 4,900 314 5th Total $26,000 (2) Greenleaf Wind & Sea $ 6,000 6th & PCH Bank 28,500 302 5th Office 5,200 314 5th Total $39,700 (3) J & G Industries Wind & Sea $ 7,175 6th & PCH Bank 27,500 302 5th Office 6,000 314 5th Total $40,675 (4) West Coast Land Clearing Wind & Sea $ 7,340 6th & PCH Bank 33,600 302 5th Office 7,120 314 5th Total $48,060 V �l REDEVELOP,'IENT AGENCY FUNDED CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND KIRT LAND CLEARING, INC. FOR DEMOLITION OF 6TH STREET AND PACIFIC COAST HIGHWAY, 314 5TH STREET, AND 302 5TH STREET, HUNTINGTON BEACH, CALIFORNIA ao-u%, THIS AGREEMENT, made and entered into this 7tk day of MAY , 1996, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "AGENCY ", and KIRT LAND CLEARING, INC., a California corporation, hereinafter referred to as "CONTRACTOR." NNTIEREAS, AGENCY has solicited bids for demolition of 6th Street and Pacific Coast Highway, 314 5th Street, and 302 Sth Street, in the City of Huntington Beach, hereinafter referred to as the "PROJECT," more fully described in the Scope of Work attached hereto as Exhibit A; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows - I . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by AGENCY, and for well and faithfully completing SF ODC:AgrecKirdand 415.96 - #3 RIS 96-200 the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of AGENCY for the compensation set forth in the Scope of Work and Schedule of Compensation, attached hereto as Exhibit A. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and 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 it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of AGENCY. It is agreed that the Contract Documents are incorporated into this Agreement 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, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The AGENCY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of AGENCY and adopted by the City Council of AGENCY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Morks Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 sPa:P13C AgrecKirdand 4/3!96 - A13 RLS 96-200 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Scope of Work and Schedule of Compensation (attached hereto as Exhibit A); F. The particular 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of the City of Huntington Beach (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement 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. COMPENSATION AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Twenty-six Thousand One Hundred Dollars (S26,100.00), to be paid as provided in Exhibit A to this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence each of the three demolitions described in Exhibit A within ten (10) working days after notice to proceed is issued and shall diligently prosecute each demolition to completion within sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 sFw: DC AgrecKirtland 415.96 - #3 RLS 96.200 5. TIl1.'[E OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and AGENCY forces working on the PROJECT, in a manner that mill facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. AGENCY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and AGENCY forces and, in general, ail matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and AGENCY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. «'hen directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data 4 SFUTDC:Ag cKirdwid 415.96 - k3 RLS 96.200 M submitted by the CONTRACTOR; thereupon, AGENCY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. 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 AGENCY. AGENCY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shalt be limited to a time extension equal to the delay due to such unavailability. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITN"s acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constricted. CONTRACTOR, within ten (10) days after notice by AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, AGENCY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 s Fls: PDC:ABa:Kirt]and 41 -96•#3 RLS 96-200 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and nct and employee of AGENCY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, 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 PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by AGENCY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which AGENCY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to AGENCY, as liquidated damages and not as a penalty, the sum of Fifty Dollars (S50.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses AGENCY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that AGENCY 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 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, unsuitable weather, or delays or subcontractors due to such causes. 6 SPa DC:Agree:Kirland 415- 96 -113 PIS 96•200 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 Agreement), notify the DPW in writing of the cause of the delay and AGENCY shall extend the time for completing tl:e work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of AGENCY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to AGENCY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by AGENCY, then the time herein fixed for the completion of the work shall be extended by 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 AGENCY 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 AGENCY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERTNG 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 job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly 7 ss:rncAngra:Kiruana 415.95 - 03 RLs 9&200 k../ 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 suzh conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by AGENCY. 13. 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 used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. 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. 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 warrant. 14, NNgTHHEI_D CONTRACT_FUNDS..SUBSTITUTIQN OF_SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under the teams of this Agreement. 8 S N: PDQAgroe: Kirtland 41196 • #3 M 96-204 15. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials 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. 16. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 17. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless AGENCY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of AGENCY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AGENCY. CONTRACTOR will conduct all defense at its sole cost and expense. AGENCY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by AGENCY in enforcing this obligation. 18. WORKERS I. IPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured 9 S Ens: PDC: Agee: Kirtland 4.3/96 - #3 RLS 96-200 against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 19. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to AGENCY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the AGENCY, and its officers, agents and employees, and all public agencies as determined by the AGENCY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars (S 1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to 10 sN:PDC:Agrw:KirdxW 4t3.'96 - 03 RLS 96-700 LIE waive its subrogation rigrts against AGENCY and agrees to provide certificates evidencing the same. 20. CERTIFICATES OF INSURANCE-. ADDITIONAL INSURED ENDQRSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to AGENCY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to AGENCY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement_ 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 she pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's 'insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder 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 this Agreement or the contract documents, AGENCY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice 11 SN:PDC:Agree: Kirt1&M 4'3/96 - R3 Ri.S 96-200 ME of Intention has been served on CONTRACTOR, AGENCY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not to terminate this Agreement; in such event AGENCY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22. DISPOSITION OF PLAN 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 plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY and become its sole property at no further cost. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of AGENCY and the surety. 24. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of California Government_ Code sections 1090 et seq. 25. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS AGENCY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not AGENCY is named in an action to enforce such stop notices. AGENCY may set off any 12 SN- TDQAg=:Kirtland 4'5,96 - #3 AI.S 96-200 M ILM unreimbursed cost or expense so incurred against any sum or sums owed by AGENCY to CONTRACTOR under this Agreement. 26. NOTICES Ail notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 28. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verificztion. 29. LEGAL SERVICES SUBCONTRAQTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall no. be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SN:PDC:Agw-.KittluA 4!5,96 - N3 M 96-200 30. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. KIRT LAND CLEARING, INC., a California corporation By: �2 7 /�,4��! Mark E. Kirtland (print name) Its: (circle one) Chainnan/Presiden ice President E> By: aj,,p Bertha Q. Kirtland (print name) Its: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer i 14 S Ps: P DC: Agree: K irdand 4!5,96 - R3 RLS 96-200 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Chairman ATTEST: 1 Agency Cferk APPROVED AS TO FORNI. - - _ TfY�7 EXHIBIT A Scope of Work of Project and Schedule of Compensation 1. DEMOLISH AND/OR REMOVE: Gas station, out buildings, footings and foundations under the structures only, remove rubbish and debris, island and rough grade at 6th Street and Pacific Coast Highway, Huntington Beach, for the sum of Six Thousand Eight Hundred Sixty-six and .001100 Dollars ($6,866.00). 2. DEMOLISH AND/OR REMOVE: Office building, footings and foundations under the structures only, remove rubbish and debris, parking lot and rough grade at 314 5th Street, Huntington Beach, for the sum of Six Thousand Five Hundred Sixty-six and .00/100 Dollars ($6,566.00). 3. DEMOLISH AND/OR REMOVE: 2 story building, footings and foundations under the structures only, remove rubbish and debris, canopy and rough grade at 302 5th Street, Huntington Beach, for the sum of Seventeen Thousand Five Hundred Sixty-eight and .00/100 Dollars ($17,568.00). 4. The following work will not be performed by CONTRACTOR as part of the PROJECT: • Any Asbestos Inspections or removal. • City will obtain all Demolition and Sewer Permits. Sewer Cap Inspection (to be called in by General Contractor or Agent) also signing by Inspection if needed. • Fence or Barricades. • Dirt Work. • Basements not visible. • Toilet (if needed). 3 SRjnikirtamnd1519196 • Removal of foundation in excess of 12" x 18" from top of slab. Utilities shall be abandoned prior to demolition. 5. ADDITIONAL FEE on each demolition $25.30. Starting on July 1, 1994, a fee of $25.30 is required when filing a 1403 FORM by the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - (the 10 day notice). If a Revised 1403 FORM filed, because of Demo start date changed by owner or agent, an additional $10.12 is required. 6. PAYMENT. Payment is due thirty-five (35) days after the AGENCY accepts each demolition and files a Notice of Completion. 7. . SALVAGE. All salvage to become property of the CONTRACTOR. AGENCY hereby agrees that he will not remove or allow any others to remove from the property, fixtures, fittings, and any and all other articles affixed to the property from the date that the CONTRACTOR's bid for the work was submitted, it being specifically understood that the CONTRACTOR submits his bid based upon the property as it existed at the time that the bid was made. 4 8Rjnikirtamnd15/9/96 r W-1I—wu-17v0 i I --a1U WFW—r9 I1'e" I { l 1Jl.7Rr9r'r\rC vto vas a�cc r.�c: -GERTIF�-T,�,DF "INSURANCE rRDDL THIS CUMMCATE 1S 1SSUED AS A MAWS OF INFORMATION ONLY AND r CONFER0 NO RIGHTS UPON T1IE Cl:RTIFIn— HOLt)6a TFRS CER'RFi— Wheal?= Irmnum S+iry w 18125 BLrb4* Sutto E10 Tarzana 1 CA 91W9-M i 1v64,A� Kit Lard Clewing. Inc. 345 �. GarCana BOUIaYand Gardana ' CA OU48 V DOES NCT AMEND, E)(T>vVD OR ALTER THE COVERAUE AFFORD© BY THE POLICIES EFLOW. COMPANIES AFFORDING COVERAGE Aw cwx ContLry�! COY LarTER ccv: 4\Y do Vtd M Exeses S LE�TE� coffl- wy c Bmr g L.r:TE• COWArrr L"q CNPAw E M•TTER ;THIS IS TO CEA'.IFY THATr THE POLICIES OF INSURANCE USTM BELOW HAVE Bci:V WLV M THE WSUR_"0 WED ABOVE FOR THE F:)LICY PERW '10-CA-M WrANTH5TAWING ANY PEWPEYW. T-.-FW OR COPMMON OF ANY COWAACT OA OTHER DOCUMENT WITH RES?ECT TO WH:CH THIS CERTIF CATS b4Y Be ISSUE) On MAY Knmj, THi wSLMA.4CE AFFOMED SY 71-.E POLICIES CESCRISM HEREIN IS SMELT TO ALL THE TERMS. EXCLV:104S ANO 0040ffrs CF SUCH POWES. LWITS BROWN IMY NAVE OU-1 RE:I,'CO Iri FAID CLAIMS 00L17rfK OX RrSIA.ANCE POLICY M•VEER �Y I MIM �� N L1rxr9 A CD&-Ak_ UABUTY G7Pi19O48 1TII495 1704196 OF-NEPR AGG"MATE ]( C'JW gOAL GEar { UAKM PWOLC'S-00.vR4P AM I CLANS VADE X • DCCUN. PUMN& A ADV &XIVY r O.4AC74 A CW. RA." ICIS as ;T. M4 OCC.)r vc-, 'AMA IRf LLACRITY I NY ALTO ' JU-CR E, ALTOS W-e :EC AL-03 ' A.-W !k'>f1t'hl� A;705 ; SAW! LA&JTY IAaE'U► riry t 01HAI TFAV W3aEL,A FOAM I wOR14�Itf COO PEk9 WN AND � Doteym LLUL" .0THIEA r r SQiiti4aaf ETNTOWe Ii a 4.1 thsc the CLty of K"Ungto4 vpsch, Its agents, officers, and eavloysea arm ■dditionaLiy insured hsr&Awdaa• for the acts•ot tha Iaanrsd. CE"FICATE HUDE-R THE = OF PUNTINGMN BEACH 2(10 Main Erml FF)n&gb:I Beach CA 84818 A03RD 2S-S.(7A0j i f FIE DwAGE (my vs E.; v`7 D: I.SE WN er ow" CGMNN-87 S422 L .r AIRY KL" 1pf • WWI' ED71LY P.M Lof- ftc" PPC✓'tiRTY DMMAGE CACH =J RfK1 STATLTOAY LV -f Expf AOrqwa MEALS! . Powy LOAT GSEASE • FACh Ew C"ff f 2000000 f 1000000 s loom f 1000000 s w= s EXCLUDED f f S f CANCEIIAT10.4 Sr+O= ANY 0= Tr-- ABOVE DiSCRIUM 'IS ee CARCELIM BEFORE: THE EXPIPAnCN DATE TkEREr=. TIME ISSLSNC CCMPAW Y:IL_ ENDE4V0R)OOD000OCXXJWM VAL N LUYS 1AFiITTf:.4 Nora TO ThE CEFTVICATE I-MDER NAVED TC T49 LE°T, TiLlR7fRlOcID00bFJUC#11i7nLt7IR£kl[fE1LILkkZ4kY10WOBLT0a17Lk7(><X?nncxl(xlOrx »;irw�3orfcboflc7r�tTa�SrlpDl�ie(�IcxT�cECA�Odt2lr�tx�xxxxxx>ocxxxxxx 10 CmS soft ND i PAYMENT OF PgEM%IV FM-%WATM1E - //j{ - Erk D.grlRle dy &Z'e' / 1 . r!/ c�rosv��tou Aaoa TOTAL P.02 017-08-96 05:33F?.: roc POLICY NUMBER: CCP119048 COMvfERCIAL GENERAL LIABILITY THIS ENDORSEN ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name of Person or Organization: City of Huntington Beach, Its Agents, Officers, and Employees 2000 Alain Street Huntington Beach, CA 92648 WHO IS INSURED is amended to include the person or organization shown in the Schedule but only with respect to liability arising out of "your work" for that insured by or for you. `' ��}v �7 " ,..+ BY�VS CG 20 10 1185 Copyright Insurance Services Office, Inc., 1984