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HomeMy WebLinkAboutNATIONAL CLEANING COMPANY - 1975-08-181 CO.'NTRA C.T THIS AGREEMENT, made and; entered into as of the 3,8th, day of August 19 75 , by and between the CITY Or HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as THE CITY, aru NATIONAL CLEANING COMPANY, 3500 W. ist St. Los Angeles , hereinafter ieferred to as THE CONTRACTOR. y Ca Iforniai W I T N E S S E T k WHEREAS, in accordance with the provisions of Section 1770 of the Labor Code, the City Council of the City of Huntington Beach, California, 'has ascertained the general prevailing rate of wages applicable to the work covered by this contract as more particularly, set forth in a resolution --f the City Council of the City of Huntington Beach, a certified copy of which resolution is on file in the office of the City Clerk and made a part hereof and designated as Resolution No. 40Rn entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPECIFYING THE PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS WHEREAS,, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and pro- vided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment for the JANITORIAL .AND BUILDING MAINTENANCE OF THE CIVIC CENTER COMPLEX, 2000 MAIN STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. in said City of Iiuntingtor Beach, California, said work to be constructed according to plans, specifications, general requiremeaLd, and special provisions for same on file in the office of the Director of Public Works and adopter" by the City Council of said City of Huntington Beach on the 218t day of JULY , 19 75 , to which said plans, specifications? general requirements, and special provisions.reference is hereby made, and by such reference they are made a part of this contract as if herein set out in full; and W=AS, the City Council at a regular meeting thereof and at the time and place appointed therefor receiz)d the report of the results of the bids submitted by the respective bidaers for the construction andcompletion of the above mentioned work, and after careful considerationof all bids submitted the C.ty Council awarded the contract therefor to the CONTRACTOR therein named at t5e prices set forth in his bid, it being the lowest and best bid received by the said City Council, NOW, 'SIB R FORE, in consideration of the covenants and agreements herein contained, being done and performed by the parties hereto, it is hereby agreed as fo3alows 1. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this c,�ntract„ II. Contractor agrees to receive and accept as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the total bid amount Contractor submitted in his Proposal which was accepted by the City Council. A copy of said Proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or Uscontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to thP,plans and specifica- tions, and the requirements of the Engineer under them. III. City agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the .materials and to do the work according to the terms and conditions herein contained and referred. to, for the ptices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as set forth in the general requirements and the said parties frr themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained* for the total. Basic Services Contract amount of $218, 448. sire below. 4* See below. IV. It is further expressly agreed by and between the parties hereto tha; should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. The undersigned understands the contract time limit allotted for the contract is for a Three Year Contract Service, renewable as described in Section )MI of the _2- Specifications. ** Reserving option to increase by $0 to $37,075 for selections from proposal. items 2w11, and 13-17 inclusive. V. Bid Bond. The Contractor further agrees that his proposal shall be accompanied by'a bidder's security in an amount equal to ten percent (101.)`of his bid in accordance with California Government Code Section .;f;7931 et seq. VI. Performance Bond and Labor and Material Payment Bond. The Contractor agrees to furnish, prior to the execution of the con- tract bonds covering the faithful performance of this contract and the payment of all obligations arising thereunder in such form and am.ount as the City may prescribe. VII. California Fair Employment Practice Act. The Contrac- tor agrees to utilize fair employment practices in accordance with California Labor Code Section 1410 et seq. IN WITNESS WHEREOF, the City has caused its name and seal to be hereunto annexed by its Mayor and City Clerk, thereto duly author- ized and Contractor has set his hand hereto, the day and year in this Agreement first above writ -ben. CITY OF HUNTINGTON BEACH, a municipal corporation OCT 16 1975, Bytom- May r ATTEST': APPROVED AS TO FORM. City Clerk City Attorney National Cleaning Company, a division of National Kinney of California, Inc. Contractor's Legal Firm Name (Corporation, Partnership, Co-partner- sh4 Joint -venture Individual or rovered day,comform a comply. ., .....,...»». ,,....... ,.., y»........ Position or Title APM. OV.ED AS TO FOMI y PON P. BONVA City Attorney 3,� lU By, a ` Dept ity Aaornov Treasurer Position or title OrrIML SEAL ] yn w�jA SUSAN A. THOMAS 3 - • " NOTARY PUQUC•CALIFORNIA .. 0 1�LOS ANGELES COUNTY MymmssionExpassJune3,1977 NOTE: Contract must be executed by president and secretary if a corporation; by all partners if a partnership; or satisfactory proof that some other signature is legally sufficient must accompany this document FOR THE JANITORIAL AND BUILDING MAINTENANCE OF THE CIVIC CENTER COMPLEX, 2000 MAIN STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA To the Honorable Mayor and City Council, City of Huntikkgton Beach, California: In compliance with the a9nnexed, notice inviting sealed proposals, I hereby propose and agree to enter into a contract to pzrform the work herein described and to furniah the materials - therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which'is not processed through said. bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor' materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wits s �►Pproxi- item # mate Items with unit..price written in words Unit Price Total: vantit 1. LU14P For the furnishing of all Labor, material SUM and equipment to perform basic services NA $6 068.00 within the Civic Center Complex at SIX THOUSAND SIXTY:.-EIGHT..DOLLARSper month... Page -IA ' PROPOSAL - Cont''d aPPxoxi- Item{ mate Items with unit price wriiten in words Unit Price Total ' ,tit For the furnishing of all labor, material, and equipment necessary -- - - �- - --- -- to perform the below listed extra service and on call services per each requisition. 2. :LUMP SUM Machine shampoo All carpet within NA $ l the Civic Center Complex at FOUR {THOUSAND NINE HUNDRED NINETYper time. 4,997. j SEVEN DOLLARS !LUMP SUM Machine shampoo.each 1000 scuare 3. feet of carpet within the Civic NA $ 59.90 Center Complex at FIFTY-NINE DOLLARS AND 99 100 per time. LUMP SUM Dry clean All draperies within the 4. Civic Center Complex at TWO THOUSAND NA FOUR HUNDRED SEVENTY-FOUR DOLLARS per time. 2,474.00 5. (LUMP'SUM Dry clean each group of ten (10) panels of draperies within the NA $ 30.44 Civic Center Complex at _THIRTY DOLLARS AND 44/100 per time. ,ff LUMP SUM Wash All exterior windows above 6. first floor level at the Civig NA $ 996.00 Center Complex at NINE HUNDRED NINETY--DIX DOLLARS ___per time. -- - - Deductive Alternates -- --- `l. LUMP SUM For the deletion of Monthly drapery vacuum service and placement on the $66.42 extra bervice or on call. service NA ----- at SIXTY-SIX DOLLARS der time. AND 4l 1 6 For the deletion of the application $ ILUMP SUM of the base concrete floor scaler iat THIRTY-NINE DOLLARS�er time. NA $ 39.86 AND 86j�00 f ' -2-- PRORC)SAL - Cont' d Ark Approxi- Item # mate Items with unit price wriiten in words Unit P-7-.ce Total Quantity _-_ -------- Additive `Alternates For the addition ,of bare concrete 9. NA Off Limit areas; to the basic ser- vices at Per ,sq,. ft $ .0276 NA _I i t 10. i NA For the addition of vinyl tiled { Off Limit areas to the basic ser- i vices at per sq.ft. $ .0445 NA For the addition )f carpeted Off 11. NA Limit areas to the basic services at per sq. ft. $ .0387 NA NOT USED NOT USED NOT USED NOT USED NOT USED PRQVOSAL - Gont'd Approxi- Ttem # mate Item with unit price wriiten in word's Jnit Price Total. Quantity ------ F _- I SUMMARY - -- --- Three ,year contract bid for furnish 12. SLUMP SUM ing all Basic Services at Thirty-six I, (36) times Item 1 bid at TWO HUNDRED 218, 448. 0, EIGH�EEN THOUSAND FOUR HUNDRED FORTYper lump sum. ------ $ _EIGHT DOLLARS j Shampoo all carpets.atFOURTEEN THOU AND 13. !THREE TIMES NINE HUNDRED NINETY per Item #2, $4,997.00 $ T`�'tQE-I50LLARS 14,991.100 14. THIRTY (30) Shampoo 1000 sq. ft.of carpet at $ 59.90 $1,73I.b'. TIMES ONE THOUSAND SEVEN HUN- er item 3 above. DRED NINETY-SEVEN DOLLARS DOL RS 15, THREE TIMES Dry clean all draperies at SEVEN $ 2,474.0 $ THOUSAND -FOUR HUNDRED TWENTY- Per Item #4 7,422.00 above. TWO DOLLARS 16, !THIRTY-(30) Dry clean one group of ten (10) $ 30.44 $ 913.00 GROUPS panels of draperies at NINE HUNDRED -NINETY-SIX DOLLARSper Item #5 above. 17. TWELVE (12) Wash all exterior windows at ELEVEN TIMES THOUSAND NINE HUNDRED _per Item 76 $996.00 $ above. FIFTY --TWO DOLLARS 11,952.00 12, 18. LUMp SUM Total. of Items/ 13. 14, 15, 16,& 17 Via, TWO HUNDRED FIFTY-FIVE $ THOUSAND FIVE HUNDRED 255,523.0 DOLLARS AND 20/10U NOT USED -4- r� 1, The undersigned understands the contract time limit allotted for the contract is for a Thr..e Year Contract Service, renewable as described in Section. XVI. If awarded the contract, the undersigned hereby agrees to sign .said contract and furnish the necessary bonds within ter. (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, Cali£ornib. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Accompanying this proposal is (NOTICE: insert the words cash, cashier's check, certified check or bidderls bond, as the case miy be). Licensed in accordance with an: act providing for the registration of contract License No. AO-14006 NATIONAL CLEANING COMPANY Signature of Bidder Business Address 3500 West _lst Str, t, L.A. , CAL. Place of Residence Dated this 12thday of August 19_75 page INFORMATION REQUIRED OF BIDDERS IN-- bidder is required to supply the following information. Additional sheets may be atl,aLhed if necessary. (1) Address: 3500 W. lst St., Los Angeles, CA. (2) Telephone 386-8480 (a) Type of firm - individual, partnership, or corporation: corporation (4) Corporation organized under the laws of the State of California (5) Contractorrs License Numbers -- (6) List the names and addresses of all members of the firm or runes and titles of all officers cxf the corporation: A. H. Wittenberg, Jr., President Harold G. Connor, Executive Vice President Aaron M. Cohen, Senior Vice Presidt-,a Dennis L. Hooper, Controller/Treasurer _Leon M. Cooker, Secretary (7) Number of years experience as a contractor in construction work: N/A (8) hi;st at leas!; six projects completed as of recent date: ((:ontra(A arnt.) (Class of work) (Date completed) (Name and Address of Owner) See Reference List Attached (11) List the name of the person who inspected the site of the proposed work for your firm: National Cleaning Company Date of InspeFtionsc 5 6.7.__L905 (ill) Ii requested by the District, the bidder shall furnish a notarized financial 4tatement, financial data, or other information and references sufficiently - comprehensive to pewit an appraisal ,of his current financial condition. -6- t PROPOSAL SUB -CONTRACTOR - LISTING Pursuant to the Government Code 4100, the Prime Contractor, in order for this proposal to be acceptable for consideration shall furnish the name and location of the place of business of each sub -contractor, who will perform work or render service on this project in an amount exceeding one half of one percent of the total bids. WORK TO BE PERFORMED SUB -CONTRACTOR SUB -CONTRACTORS ADDRESS , NONE i By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all vork which is covered in the above sub -contractor listing. 2. That the City will be furnished copies of all sub -contracts entered into end bonds furnished by slab -Contractor for this project. _7� r ALBERT G. RUBEN & COMPANY, INC. 0 9601 WILSHIRE BOULEVARD, BEVERLY HILLS, iALIFORNIA 00210 0 (213) 273-1101 35,1 r Wtober 10 r. 1975 Mr. James Georges City Attorney's Office City of Huntington Beach Post Office Box 190 Huntington Beach, California 9264$ Re: CIVIC CENTER COMPLEX 2000 Main Street Huntington Teach, California National. Cleaning"Company of California 1NSURAEtCE Dear W. Georges: . As we discussed, I am enclosing another copy of our Memorandum Of Insurance evidencing Crime coverage with respect to National Cleaning'_ Company of California. I trust this will meet with your approval. Kindest regards. Sincerely, 6 Bette L. Smith Bi, S/Cab Bncicsure cc: Mr. Dennis Hooper a � OCT 14 1975 ArTO AFFILIATIONS:NEW YORK C7 L 0 N 0 0 N O M E X I C O C I T `( 0 A O M E 0 T U K Y 0 M$R MOO CAM At711RESS`PMLM1[S ALBERT G. RUBEN & COMPANY, INC. 0 9601 WILSHIRE BOULEVARD, BEVERLY HILLS, CALIFORNIA 90210 ❑ (213) 273-1101 October 10, 1975 City of. Huntington Beach AS APPROVED TO FORM: Huntington Beach, California DON P. AS NFA Re: CIVIC CENTER COMPLEX City At rney 2000 Main Street Huntington Beach, California D City Attorney MEMORANDUM OF INSURANCE The policy of insurance described below has been issued to National Cleaning Company of California, 3500 West First Street, Los Angeles, California 90054, as Insured, and is in force as of the date of this memorandum. Coverage For Which Limit of Policy Effective Insurance is Afforded Liabili-cy Number Date Exployee Dishonesty $300,000 TBC134T8802-75 7••1-75 Money & Securities $300,000 TBC134T8802-75 7-1-75 The Insurance afforded is subject to all the terms of the policy, including endorsements applicable thereto. The policy is for the sole benefit of the above Insured and does not bestow upon any other person or organization any rights or benefits. THE .L VELERS INDRMNIZY COMPANY By. ..� This certificate is furnished simply as an abstract of the written portion of said policy and as said policy stands at the date of issue hereof, and is given as a matter of informationwrdy, and confers no rights upon the holder hereof and imposes no liability upon this Company. Said policy is subject to endorsej,�ant, alteration, transfer, assignment and cancellation without notice to the holder of this copy, which is accepted upon these conditions. Dated at ' Beverly Hills, California The Travelers Indemnity Company 3600 Wilshire Boulevard Los Angeles, California October 10, 1975 MIDLAN1NSURANCE COMPANY II, A NEW YORK CORPORATION BOND NO. BS541133 PREMIUM: $1,500.00 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, that we, NATIONAL CLEANING COMPANY, a division. of NAThONAL KINNEY OF CALIFORNIA, INC., as Principal, and MIDLAND INSURANCE COMPANY, a corporation, incorporated under the Laws of the State of New York and authorized by the Laws of the State of Claifornia to execute bonds and undertakings as sole surety, as SURETY, are held and firmly bound unto CITY OE' HUNTINGTON BEACH in the sum of THREE IiUNDRED 'THOUSAND AND 00/100-------- .. ---- ---- ($300,,000.00)--- DOLLARS, for the payment whereof, well and truly to be made, as PRI14C,IPAL and SURETY bind themselves, theirs heirs, executors, administrators, suc- cessors and assigns, jointly and severally, .firmly by these presents. THE CONDITION of the foregoing obligation is such, that whereas the above bounden PRINCIPAL has entered into a contract, dated 19 I.S- , with the CITY OF HUNTINGTON BEACH to do and perform the following work, to -wit: JANITORIAL AND BUIT,DING MAIN'^tiNANCEOF THE CIVIC CENTER COMPLES, 200 MAIN STREET IN THE CITY OF HUNTlivGTON BEACH, CALIFORNIA. NOW; THEREFORE, if the above bounden PRINCIPAL shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this lst day of September, A.D. 1975.- NATIONAL CLEANING COMPANY, a division of NATIONAL KINNEY OF CALIFORNIA, INC. x3ITNESS` (Sea1 ) MIDLAND INSURANCE COMPANY r B Y : I.CA4. Lapinski Attorney -in -Fact COUNTERSIGNED BY: Californi-3 Licensed Resident Agent APPROVED AS TO POh EON P. BONFt1 City Att rney By D ilty City Attorney MIDL*ND INSURANCECOMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the MIDLAND INSURANCE COMPANY, a corporation of th- " tate of New York, hereinafter called Company, does appoint M I. N. Lapinski of Brooklyn, New York 05 v Nits t ae and lawful Attorney -in -Fact to make, execute, seal and deliver on its behalf, as Surety, any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require, including co -suretyship and reinsurance agreements, recog- o nizances, stipulations; notices of appearance, waivers of citations and consents to modifications a of contracts, agreements, and authority to certify to a copy of any of the by-laws of the Company, and resolutions adopted by its Board of Directors and its'Ixecutive Committee F- and financial statements. 0 o The executions of such bonds or undertakings in pursuance of these prese;tts shall be as binding upon the Company as if they had been executed and acknowledged by the regularly o elected officers of the Company. zThis Power of Attorney is issued pursuant to and by the authority of the following �-`�lutions of the Executive Committee of the Company, adopted on June 12, 1968, and now o .ill force and effect: "RESOLVED that the President or any Vice President or any Secretary may appoint z Resident Vice Presidents, Resident Assistant Secretaries and Attorneys -in -Fact in any State, Territory or Federal District to represent tlris Company and to act on its behalf within the scope of the authority granted to them in writing, which authority may include the power to d make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may ?require, including authority to appoint agents for the service of process in any jurisdiction, State or Federal and authority to attest to the signature of the President or any Vice President or any Secretary and to verify any affidavit or other statement Telating to Q the fo egoing, and to certify to a copy of any of the by-laws of the Company and to any resolu- tions adopted by its beard of Directors or Executive Committee and any such Resident Vice President, Resident Assistant Secretary or Attorney -in -Fact may be removed and the authority granted him revoked by the President or any Vice President or any Secretary or by the Board of Directors or Executive Committee," In witness whereof, the Company has caused this Power of Attorney to be signed and its corporate seal to be .:fixed by its authorized Officer this 26th day of June, 1974. MIDLAND INSURANCE COMPANY ATTE:9697/_ George F. Folkes,Vice President M. JamesS ad, Vice PreSideit . ^� ORK STATE OF NEWYORK COUNTY OF NEW YORK On this 26th day of June, 1974, beforeme'personally came M. James Snead to me known, who being by me my sworn, did de and say:.hat he resides in New MiT"lnthe County of Rocklend, State of New York, that he is the Vice President of MIDLAND INSURANCE COMPANY, the corporationdescribed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. MARY E. B. WINDIIAM Notary Public, State of New York No. 41-4516322 Qualified in Queens County Term Expires March 30, 1976 CERTIFICATE STATE OF NEW YORK COUNTY OF NEW YORK I, the ur-dersigned, a Secretary of MIDLAND INSURANCE COMPANY, a New York corporatior,, bO I4EREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. Signed and sealed at the City of New York, Dated the_ Is day ofSeptember 19 75 Karl r_ Dicr`, Se Y BON; (NOVU11_AL ACkNOC•=DGMENT IT7DxV fp'C;AL hC1dTOWi,L'DGM�NT STATE O.F ( SS. a COUNTY O on this, day of in the year before mo peroonally came - to me known anew known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the game. PAR'L'NEIM111P ACTf1V4WLEDGMENT STATE { SS..; ^) , tin th i.c_,, day of___ , in the year 19 , before ma ptr:.:rnally came - - a a mcr-uber of i � , r_cpartnev hip t x to ins; Rnown ,o� .1 known to me to '.)u the person described in and who executed the, fdregmiii,, InGa rument, and L,:.!knowlodged to me that he executed the same .av as and for act and deed of --,.he said copartnership. CMIPO"ATr:, ,-�c:F;isc aLrioczar���r :New York STl`l'E Or, ) New York COUZ411 ' OF Cyr, this. lstcay of September , in the year 1.9 75 � before me peruonally came, I. N. Lapinski to me known, 1,4io, being by me duly sworn, did depose and say that he residca in Brooklyn, New York that -he is the Attorney -in -Fact MIDLAND INSURANCE.COMPANY of the the corpora;:: ..i described in_ tz?c1 ,ihicli executed the foregoing instrument, that he keno:;: the corporate deal of the said corporation; that the scab affixed .to said instxumen%t is such corporate seal; and that, it was so ' a4fi.xed by ci en of the Board of Directors of the said corporation, and that he sigi, his names theretF, by line ondera , VRANICIS Mlary R tit' `i y ' 4•,u Ycr a t •s�F Ca:��c,,,,yan EN�-� , �hWOY1977 INDi'ilA7G ACYCI�it�t4G%tLV i' z '/. STATE 0F COtr23TY oy' On this - day cif in the year before ,me personally came ' to me known and known to me to be the person described tIn and who execo.t04-";T, the foregoing instrument, and acknowledged to arms that he wxecotsd! the 4Etnbi;zs' i t PARTNEPSHIQ ACHNOWLEDGtr,.ENT u 'sr"wa s STATE OF t SS.: COUNTY OF_ on thaw day of� , . as tho Y before me pore orally came tiffs,, a momber of tlaa copartnership of to ine knovin and ]cnown to me to be the person deactibed in. and Ikq-a;.a ex0v t'a"', the foregoing in3trument, and acknowledged to are that be ' ex6cutpCI the 0"' as and for the act and deed of the said cppartnersJhip. t CORPOTWE AC`:IINC1'rILEDGMENT • STATE OFCOU111V or w on th o day of #n the year 11 ; before ,me pgrsonally cause to me known, wino, being by me duly sviorn, did .depose acid say that he, � a x that a he is tins tied ' oxp tioAz + c c ad in and �r3aich oxegat0r� �e ��a�+�ge�ii►iq etra q that! kn ,ra, t 10 0orpo: at:o deal of the said corpo� tic►nr tlYat: a soa r affsd t sad instrument: i aueh apt,posts .s+a.#. and."►t was>• of c dE .b �r dcr of ' t#ia; Aoard of Dlxdgtors of the ;wio 16arp�►rat ►nm r mat: Vice s i:gncd" kxi.a ` Oarr tiieazet o by 3 a ire tz dc�r , R BALANCE SHEET DECEMBER 31, 1974 ADMITTED ASSETS Cash ....... ...... ..... ... ...................... $ 2,369,764 Bands; at Amortized Cost; United States ... I....... $ 5,936,782 State and Municipal ... 35,431,721 Total ......................... 41,368,503 Stocks..........................................................,... 13,557,166 PremiumsDue ................................. ............,........ 5,069,952 Accrued I nterest .... ................... ...................... 695,075 OtherAssets ...................................................... 1,472,448 Total Admitted Assets ..................................... $64,532,913 LIABILITIES AND CAPITAL Reserves for Claims and Claims Expenses ............ $28,255,910 Reserve for Unearned Premiums ........................... 8,399,013 Funds Held ............ ......................................,... 9,933,668 Reserves for Unpaid Taxes and Other Liabilities ,.. 4,014,913 $50,603,504 Capital and Surplus .................................:....... 13,929,409 Total Liabilities and Capital ............................. $64,532,913 0 FE11 MIDLAND INSURANCECOMPANY A NEW YORK CORPORATION BOND NO. BS541133 PREMIUM: Included in Performance Bond. KNOW ALL MEN BY THESE PRESENTS, that we, NATIONAL CLEANING COMPANY, a division of MATIONAL KINNEY OF CALFIRONIA, INC., as Principal, and the MIDLAND INSURANCE COMPANY, a corporation, incorporated under the Laws of the 'State of New York, and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bounds unto any ar2l all persons named in California Civil Code. Section'3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of ONE HUNDRED FIFTY THOUSAND and 00/100 --- ($150, 000. 00) ---- DOLLARS for the payment whereof, well and truly to be made said Principal and Surety bind themselves, theiK heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that.; whereas the above bounden principal has entered into a -contract date I- day of ggC_p:�j%EM_ , 19 'L S" , with the CITY OF HUNTINGTON BEACH, CALIFORNIA to do and perform the following works, to wit: JANITORIAL AND BUIDLING MAINTENANCE OF THE CIVIC CENTER COMPLEX, 2000 MAIN STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA. Now, Therefore, if the above bounden 1rincipal, contractor, person, company or corporation, o his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Ccae of the State of California or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, a',d also, in case suit is brought upon this bond, a reasonable attorney's -�, which shall be awarded by the court to the prevailing party in said suit, said attorney's-fee to be taxed as costs in said suit. This bond shall inure to: the benefit of any person named in Section 31.81 of the 'Civil Code of the State of California so as to gave a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the Act of Liegislature of the State of California as designated in Civil Code, Sections 3247--3252 inclusive, and all amendments thereto SIGNED and SEALED this lst day of September, 1975. NATIONAL CLEANING COMPANY, a division of NATIONAL KINNEY OF CALIFORNIA, INC. B C- MIDLAND INSURANCE COMPANY BY: t1A Surety I. N. Lapins ,i Attorney -in -Fact COUNTERSIGNED BY: APPROVED AS ,TO FORM : DON P. BONFA California Licensed Resident Agent City A orney By . sp� City Attornej NEW POWER.OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the MIDLAND INSURANCE COMPANY, a corporation of the State of New York, hereinafter called Compan;, does appoint I. N. Lapinski ao of Brooklyn, New York cv N its true and lawful Attorney -in -Fact to make, execute, seal and deliver on its behalf, as Surety, c; any and all bonds *and undertakings of suretyship and other documents that the ordinary course of surety business may require, including co -suretyship and reinsurance agreements, recog- c nizances, stipulations, notices of appearance, waivers of citations and consents to modifications a of contracts, agreements, and authority to certify to a copy of any of the by-laws of the Company, and resolutions adopted by its Board of Directors and its Executive Committee and financial statements. v O The executions of such bonds or undertakings in pursuance of these presents shall be as O binding upon the Company as if they had been executed and acknowledged by the regularly o elected officers of the Company, This Power of Attorney is issued pursuant to and by the authority of the following z resolutions of the Executive Committee of the Company, adopted on June 12, 1968, and now c in full force and effect: d "RESOLVED that the President or any Vice President or any Secretary may appoint z Resident Vice Presidents, Resident Assistant 5zecretaries and Attorneys -in -Fact in any State, Territory or Federal District to represent this -Company and to act on its behalf within the a scope of the authority granted to them in writing, which authority may include the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require, including authority to appoint agents for the service of process in in any jurisdiction, State or Federal and authority to attest to the signature of the President or C any Vice President or any Secreiary-and to verify any affidavit or other statement relating to the foregoing, and to certify to a copy of any of tie by-laws of the Company and to any resolu- tions adopted by its board of Directors or Executive Committee and any such Resident Vice President, Resident Assistant Secretary or Attorney -in -Fact may be removed and the authority granted him revoked by the President or any Vice President or any Secretary or by the Board of Directors or Executive Committee." In witness whereof, the Company has cause-? 1`-is Power of Attorney to be signed and its corporate seal. to be affixed by its autbcr' _.. officer this 26th day of June; 1974. ATTEST: MIDLAND INSURANCE COMPANY' BY: George E Folkes,Vice President M. James Stilfad, Vice Presid&t -- STATE OF NEW YOR COUNTY OF NEW YORK On this 26th day of June, 1974, before me personally came M. James Snead to me known, who being by me my sworn, i epose and say: that he resides inNew City, in the County of Rockland, State of New York, that he is the Vice President of MIDLAND INSURANCE COMPANY, the corporation described in and which executed the above instrument; that hie knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Director- of said cor,: oration and that he signed his name thereto by like order. Q MARY E. B. WINDIiAM Notary Public, State of New York No. 41-4516322 Qualified in Queens County Tenn 'Cxpires March 3 0, 197 6 CERTIFICATE STATE OF NEW YORK COUNTY OF NEWYORK I1 the undersigned, a Secretary of MIDLAND INSURANCE COMPANY, a New York corporation, DO,HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. Signed and sealed at the City of New York. 1st September 75 Dated the day of " , 19 �(�ty) Cz� Karl E. Dierr,Se tary BON-3 S .....r• •,. �----..., .. .. .:; _ .. ....c.. :ram.. �r,..4� • • (NOTARIAL A+CKU01=DGMENT) "�LN.�„' e zMMIDUAL I;,c1dg0wLh"'D0 STATE Q } ( SS. : COUNTY OF } On this day, of_,, in the year 19 before me personally came r' - � r to me known and known to me to be the person described in and who exdou�ed ,A a the foregoing instrument, and acknowledged to me that he executed.the same., � 4 PARTNrt?SI3IP ACKNOWLEDGMENT STATE ors. SS.: COUNTY Or.._..�....,�._; On this day o , . in the year 19�, before me po:r:: U1tally came a member oC- :4,-, copartnership of to ins known and known to me to be the parson desctibed in and who executed",, tho idregoing inztrument, and acknowledged to men that he executed "the sam6 .f as and for trio act and deed of the said copartnership. q STATr. OF y r New York SS.: -New York COUiTY• O' , • On this lst day of September in the year 197a before me p9t onally cams I. N. Lapinski to me known, Who, being by me duly sworn, did depose and say that he tesi +� in Brooklyn, New York that -he is the Attorney -in -Fact ,. ©f the Midland Insurance Company r` the corporati.ol] described in and which exatuted the foregoing instrumant , that he kno:vu tile corporate steal of the Paid eorporationt that the seal of-tixed to the said i si rument is such corporate sealt and that it was n 9 affixed by order, of the Board, of Directors of the said corporation, and ;a4T that he signed his name thereto by 1: Ke order. leg e ; y' (NOTARIAL ACKI+IOW=D NT) II!7DLXDUAL ACIdgOMMGNIMM + kN STATE ( SS 0 COUNTY Z+�L'' .�j fi It On thiq day of , in the year 19 , before me personally came to me known and Rnown to me to be the person descr:U ed in and who executed '.' the foregoing instrument, and acknowledged to me that he executed ti4s dame, r+ PARTNEIISHIP ACI NOWI,Ei� GMENT r STATE OL',,, A. ( SS o a �N y1 Z On thi day of .+ . ,in the year 19 a; before me par orally came J' a member of t t% copartnership of to ire knovin and known to me to be the person deaatibed in and who executed d t the fc`regoing instrument, and acknowledged tome that he executed the ewer. ' as and for the act and deed.. of the said copartnership. , .£ Nm.e...rsw.+ae.T+NN:>rmmemer'.. 5;. N CO',' VO:" ATZ ,iGI�if�°�Te �1GIh ' h; Sv%TrAor, 4 i { Bs. COU1171M OFF ;. .. .. on this.,, clay of year l9 t = before me.perzonally ague R' ` ... 6u7VNwann.k+irt,t4arrr to me. known, being by me duly sviorn� did dep�a80- ",kl W ty Ithat he rrtt� z in t tbakt•he is the .ter�«.�.,o...... bf the } the j,orpaa�at3.aii d�*oaN i3xc�d in And which executed they Car'ea3.ng:.nstre+e14; k;wwo-ithe Porporate• seal of the said corporatioii8 that tho oe'a affixed to th"A said 'instrument is Such corporate Beall and that. it VAO a , affixed.by, of the Board of Directors ofw the said coar°poratiQn, d *.. �cragxyde9r -� 1 hat B•'Ef7, s% gnc4� q� s: name thereto Nrh N32weto y like QALdGIl Y. • e tf '. " 1 MIDLANDINSURANCE COMPANY 1 STATE STREET PLAZA, NEW YORK, NEW PORK 10004 BALANCE SHEET DECEMBER 31, 1974 ADMITTED ASSETS Cash....... .................................................. $ 2,369,764 Bonds, at Amortized Cost: unified States .......,,,. $ 5,936,782 State and Municipal .., 35,431,721 Total ......................... 41,368,503 Sto-ks ..,.......................................................... 13,557,166 Premiums Due ,.. .................................................. 5,069,952 AccruEd Interest ................................................. 695,075 OtherAssets ....................................................... 1,472,448 Total Admitted Assets ........... $64,532,913 LIABILITIES AND CAPITAL Reserves for Clams and Claims Expenses ............ $28,255,910 Reser -e for Unearned Premiums ... ..................... 8,399,013 Funds Held ..................................................... 9,933,668 Reserves for unpaid Taxes a.,d Other Liabilities ,.. 4,0141913 $50,603,504 Capital and Surplus ............................................ 13,929 409 Total Liabilities and Capital ............................. $64,532,913 MIR C O N T R A C T THIS AGREEMENT, made and entered into as of the 3rd day of June 19 74 , by and between the CITY OF HUNTINGTON BEACH, a. municipal corporation, hereinafter referred to as THE CITY, and NATIONAL CLEANING COMPANY 3500 W 1st St. Los Aneles,CA, hereirafter referred to as THE CONTRACTOR. WITNESSETH: WHEREAS, in accordance with the provisions cf Section 1770 of the Labor Code, the City Council of the City of Huntington Beach, California, has ascertained the general prevailing rate of wages applicable to the work covered by this contract as more particularly set forth in a resolution of the City Council of the City of Huntington Beach, a certified copy of which resolution is on file in the office of the City Clerk and made a part hereof and designated' as Resolution No. 3707 entitled: A RESOLUTION OF TIIR CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPECIFYING THE PREVAILING RATES OF PER DIEM WAGES ?:SOH PUBLIC WORKS CONTRACTS WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and pro- vided, duly and regularly caused a notice to be published, calling for bids for labor; material, tools and equipment for the JANITORM AND BUIIJAING MAINTENANCE OF THE CIVIC CENTER COMPLEX, 2000 MAIN STREET 114 THE CITY OF HUNTINGTON BEACH, '1J=bTgt10MdMM= California, said work to be constructed according to plans, specifications, general requirements, and special provisions for same on file in the office of the Direct(r of Public Works and adopted by the City Council of said City of Huntington Beach on the 6TH day of May �, 19,74 , to which said plans, specifications, general_ i ,