HomeMy WebLinkAboutJAMES CAMPBELL dba CRAIG INDUSTRIES PAINTING - 1997-12-15(12) 12/15/97 - CounciliAgency Agenda - Page 12
E-19. (City Council) Authorize Award Of Construction Contract To SMC Construction
Company For The Edison Community Park Restroom ADA (Americans With
Disabilities Act) Renovation Project - CC-1057 - Magnolia Avenue Between Atlanta &
Hamilton Avenues (600.65) - Approve the low responsive -responsible bid submitted by the
SMC Construction Company, for the Edison Community Park Restroom ADA Renovation
Project; CC-1057 and located at Magnolia Avenue between Atlanta & Hamilton Avenues;
2. Authorize the Mayor and City Clerk to execute the Construction Contract in the amount
of $55,785.00; and 3. Authorize the Public Works Director to expend a total of $76,364
including the contract amount of $55,785, estimated construction contingency of $5,579
and supplemental expenditures of $15,000. Submitted by the Economic Development
Director and Public Works Director
[Approved 6-0 (Sullivan absent from room)]
E-20. (City Council) Authorize Award Of Construction Contract To Consolidated Waste
Industries, Inc. For Cleaning Of 54" Storm Drain Line - MSC-392 - w/s Gothard Street -
Between Warner And Slater Avenues (600.90)- 1. Accept the low responsive/responsible
bid of $195,747 submitted by Consolidated Waste Industries, Inc. for the cleaning of the
54" Storm Drain Line - MSC-392 on the west side of Gothard Street between Warner and
Slater Avenues; 2. Authorize the project budget of $250,000 to cover contract costs of
$195,747, a change order budget of $48,936 and incidental expenditures not to exceed
$5,317; and 3. Approve the attached sample contract, excluding the requirement of
Performance, Labor and Material and Warranty Bonds, and authorize the Mayor and City
Clerk to execute the final contract subject to the acceptance of the low bid submitted by
Consolidated Waste Industries, Inc. Submitted by the Public Works Director
[Approved 7-0]
E-21. (City Council) Approve Downtown Hardscape (Sidewalk) High Pressure Water
Cleaning - Appropriation Of Funds (320.45) Approve appropriation of $17,000 from the
unencumbered general fund balance to Account No. E-AA-PW-541-3-90-00 contractual
services, to clean and seal certain downtown hardscape (sidewalk) areas. Submitted by
the Public Works Director
[Approved 6-0 (Sullivan absent from room)]
E-22. (City Council) Approve The Construction Contract Between The Citv & James
Campbell dba Craig Industries Painting - For The Painting Of The Main Promenade
Parking Structure (600.10)- Approve the City Funded Construction Contract between the
City of Huntington Beach and James Campbell, dba Craig Industries Painting for Painting
Main Promenade Parking Structure (interior and exterior) for $82,000 and authorize the
Mayor and City Clerk to execute same. Submitted by the Public Works Director
[Approved 6-0 (Sullivan absent from room)]
E-23. (City Council) Adopt Resolution No. 97-88 To Modifv Certain Benefits And Salary For
Non -Represented Employees (720.20)- 1. Adopt Resolution No. 97-88 - "A Resolution of
the City Council of the City of Huntington Beach Modifying Salary and Benefits for Fiscal
Years 1997198 and 1998199 for Non -Represented Employees" Modifies Resolution No.
6567 and establishes benefits and salary adjustments for Non -Represented employees;
and 2. Appropriate $48,806 to pay the increased salary and benefit costs for 1997/98.
Submitted by the Deputy Citv Administrator -Administrative Services Director
[Adopted 7-0]
(12)
Council/Agency Meeting Held: raZ/q-1
Deferred/Continued to:
0 Approv Conditionall Appr ved ❑Denied
City Cle Signature
G-D
Council Meeting Date: 12/15/97
Department ID Number: CS 97-064
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administrator e?,2,,0
PREPARED BY: RON HAGAN, Director, Community Seri e
�LES JONES, Director, Public Workt
SUBJECT: APPROVAL OF PAINTING THE MAIN PROMENADE PARKING
STRUCTURE
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(sl'
Statement of Issue: Staff has received bids for the painting of the Main Promenade
Parking Structure.
Funding Source: Account No. E-AA-NDA01-667-00
Recommended Action: Motion to approve the contract with Craig Industries for $82,000 to
paint the interior and exterior of the Main Promenade Parking Structure, and authorize the
Mayor and City Clerk to execute same.
Alternative Action(s): Do not paint the Main Promenade Parking Structure at this time.
Analysis: In fiscal year 1996/97, City Council approved a budget appropriation of $84,000
for painting the Main Promenade Parking Structure. This project necessitated bidding out
the work as the city's painting program had been eliminated.
Subsequent to the receipt of seven bids, as summarized below, it became apparent that this
project must be placed on hold because of a potential conflict between the city and the
Municipal Employees Association. This conflict has been resolved.
As of this date, staff continues to receive complaints from downtown merchants and the
public regarding the appearance of the Main Promenade Parking Structure. Therefore, the
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/15/97 DEPARTMENT ID NUMBER: CS 97-064
Directors of Community Services and Public Works recommend that the attached contract
with Craig Industries be approved. The contractor has agreed to honor the bid price
submitted last fiscal year. Therefore, the cost of this project should not exceed $82,000.
Additionally, funds, as previously budgeted, were carried over to this fiscal year.
Company
Craig Industries
Northcott Painting
Lee A. Pickett, Inc.
European Painting Co.
R. Hutchinson, Inc.
Sierra West Paint Co.
Techno Coating, Inc.
Environmental Status: Not applicable.
Attachment(s):
RCA Author: RH:JBE:DN:cr
Bid
$82,000
82,658
93,167
110,322
111,356
207,625
211,815
0029202.01 -2- 12/05/97 12:00 PM
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JAMES CAMPBELL, DBA CRAIG INDUSTRIES PAINTING
FOR PAINTING MAIN PROMENADE PARKING STRUCTURE
TABLE OF CONTENTS
Page No.
1.
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
3
4.
COMMENCEMENT OF PROJECT
3
5.
TIME OF THE ESSENCE
4
6.
CHANGES
4
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
WARRANTIES
5
10.
INDEPENDENT CONTRACTOR
6
11.
LIQUIDATED DAMAGES/DELAYS
6
12.
DIFFERING SITE CONDITIONS
7
13.
VARIATIONS IN ESTIMATED QUANTITIES
8
14.
PROGRESS PAYMENTS
9
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
9
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
10
17.
WAIVER OF CLAIMS
10
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
10
19.
WORKERS COMPENSATION INSURANCE
11
20.
INSURANCE
11
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
12
22.
DEFAULT & TERMINATION
13
23.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
13
24.
NON -ASSIGNABILITY
13
25.
CITY EMPLOYEES AND OFFICIALS
13
26.
STOP NOTICES
14
27.
NOTICES
14
28.
CAPTIONS
14
29.
IMMIGRATION
14
30.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
15
31.
ATTORNEY FEES
15
32.
ENTIRETY
15
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CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JAMES CAMPBELL, DBA CRAIG INDUSTRIES PAINTING
FOR PAINTING MAIN PROMENADE PARKING STRUCTURE
THIS AGREEMENT, made and entered into this day of
"Aece7�,6 _ 1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and JAMES
CAMPBELL, dba CRAIG INDUSTRIES PAINTING, a sole proprietorship, hereinafter referred to
as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as painting of the interior and exterior of the Main Promenade
Parking Structure, in the City of Huntington Beach; 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:
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 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 CITY, and for well and faithfully
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completing the work within the stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under them for the compensation
set forth in the accepted bid proposal.
However the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: 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 CITY.
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 CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Community Services of CITY
and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1995 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
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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;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (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 Director of Community Services of CITY (hereinafter referred to as "Director"), 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
CITY 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 Eighty
Two Thousand Dollars ($82,000), as set forth in the Contract Documents,
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
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within two (2) months from the day the "Notice to Proceed" is issued by Director, excluding
delays provided for in this Agreement.
5. TIME 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 CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all 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 Director.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the Director may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the Director, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the Director.
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When directed to change the work, CONTRACTOR shall submit immediately to
the Director a written cost proposal reflecting the effect of the change. Should the Director not
agree to such cost proposal, the work shall be performed according to the changes ordered in
writing by the Director and the proper cost thereof shall be negotiated by the parties upon cost
and pricing data submitted by the CONTRACTOR; thereupon, CITY 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
CITY. CITY 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 shall be limited to a time extension equal to the
delay due to such unavailability.
8. BONDS
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 CITY'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
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structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY 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, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
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 not and employee of CITY.
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 CITY; and that it is, and would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250)
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 CITY 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 CITY may deduct the amount thereof from any monies
due or that may become due to CONTRACTOR hereunder.
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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.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the Director shall grant a further period of time prior to the date of final settlement
of the Agreement), notify the Director in writing of the cause of the delay and CITY shall extend
the time for completing the work if, in its judgment, the findings of fact thereon justify the delay;
and the decision of the Director 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 CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, 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 CITY, 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 CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
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(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the Director 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 Director shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment
shall be made and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided,
however, the time prescribed therefor may be extended by CITY.
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 Director 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
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payment under this Agreement. If the quantity variation is such as to cause an increase in the
time necessary for completion, the Director shall ascertain the facts and circumstances and
make such adjustment for extending the completion date as in its judgment the findings
warrant.
14. PROGRESS PAYMENTS
On a bi-weekly basis, each month the Director will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each progress estimate,
ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of
all previous payments since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the Director, faithfully executed
fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if
the Director finds that satisfactory progress has been and is being made, the CONTRACTOR
may be paid such sum as will bring the payments of each month up to one hundred percent
(%100) of the value of the work completed since the commencement of the PROJECT, as
determined by Director, less all previous payments and less all previous retained amounts. The
final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five
(35) days after the acceptance of the work and the filing of a Notice of Completion by CITY.
Payments shall be made on demands drawn in the manner required by law, each payment to
be accompanied by a certificate signed by the Director, affirming that the work for which
payment is demanded has been performed in accordance with the terms of the Agreement and
that the amount stated int. certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
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therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the Director 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.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, 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 CITY, but save and except those which
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
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19. WORKERS COMPENSATION 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
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.
20. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
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applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or self -insured retention, or any other form of similar type
limitation."
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONSULTANT under the
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. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONSULTANT'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.
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22. 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, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other
remedy it may have, terminate this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY
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.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
24. 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 CITY and the surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of California Government Code sections 1090 et
seq.
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26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY 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. CITY may charge an administrative fee of
One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether
or not CITY is named in an action to enforce such stop notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
27. NOTICES
All 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.
28. 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.
29. 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 verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
14
3/k/PCD/cra ig/ l 2/5197
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 not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
15
3/k/PC D/cra ig/ l 2/5/97
32. 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.
JAMES CAMPBELL, dba CRAIG CITY OF HUNTINGTON BEACH, A
INDU IES PAIN ,F19G municipal corporation of the State of
r I' rni
James . Campb r-wrietor
REVIEWED AND APPROVED:
citT,Administrator
Mayor
ATTEL
City Clerk 7
APPROVED AS TO FORM:
City Attorney 'z'v �� Cie-�s�57
INITIok ,.ED APPROVED:
of
Director of Pu
16
3/k/PC D/cra ig/12/5/97
unity S
`'JRCHASING DEPARTMENT
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
'REQUEST FOR QUOTATION
96-000-0113
QUOTATION NUMBER
Show this number on outside of your
envelope.
Date: December 18, 1996
Bids will be received until
4:00pm
January 13, 1997
at the office of the Purchasing
Division.
Renalee Corbett
BUYER
QUANTITY UNIT
DESCRIPTION
UNIT PRICE
AMOUNT
The City of Huntington Beach is accepting bids to paint
the Downtown Parking Structure per attached
specifications.
Delivery Address
City of Huntington Beach
California
Delivery to be made on or before:
or days from receipt of
order.
Quotations are requested for furnishing
the items described in accordance with
terms set forth herein. All quotations must
be F.O.B. delivered. The detailed
specifications or brand names or numbers
given herein is descriptive and indicates
quality and style of item required. Offer to
supply articles substantially the same as
those described herein will be considered
provided the articles offered are equal in
quality, durability, and fitness for the
purpose intended. Acceptability of
alternates will be determined solely by the
City of Huntington Beach.
Address your reply to:
Purchasing Division
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
(714)536-5221
THIS IS NOT AN ORDER
Total:
SalesTax
Total
Terms:
% days
All quotations must be signed
Signature
Print Name
Title
Date
Phone Number
EXHIBIT "A"
Painting of Downtown Parking Structure
Bid to include the price to paint the exterior only, the interior only and both the
interior and exterior of the building.
Contractor to use either ICI Sinclair or Sherwin Williams paint or its equivalent
Work is not to disturb or disrupt the building tenants. The parking operation will
work with the contractor to schedule painting in this area.
Contractor will be responsible for any overspray on vehicles.
Exterior landscaping not to be damaged during painting.
Colors: Will be available at time of job walk.
Part 1. General
A. General Requirements: All provisions of the contract and instructions to
bidders shall be considered a part of this specification.
B. Scope: The contractor shall furnish all material, labor and equipment
required for the preparation, painting and finishing of all surfaces shown
in the specifications except surfaces specifically excluded.
C. Protection: The contractor will be responsible for the protection of his own
area as well as all adjacent areas from splatters, overspray and fumes with
suitable covering and ventilation.
D. Fire Protection: The contractor will be responsible for the provision of proper
fire prevention and fire emergency equipment. All oily rags, debris and any
combustible material will be removed from premises at the end of each work
day.
E. Regulatory Requirements: The contractor will be responsible for the com-
pliance of all local, state and federal regulations regarding safety, air pollution
material content, material application, hazardous materials, licenses and
permits.
F. City Employees: The Contractor will be responsible for taking all precautions
to prevent injury or disruption to City employees in adjacent areas from
materials, equipment, noise and fumes by appropriate scheduling, ventilation
and application methods.
G. Protection: Carefully protect areas where work is in progress from damage.
Provide and spread clean drop cloths when and where required to
to proved the necessary protection. Immediately clean up all accidental
spatter, spillage, misplaced paint and restore the affected surface to its
original condition.
H. Insurance: Contractor shall carry at all times during the life of the contract,
proper Workman's Compensation Insurance in compliance with California
Labor Code. Also, general liability insurance in the amount of not less than
$1,000,000.00. City required certificate of insurance enclosed.
I. Release: Labor and material release required upon completion.
Part II Execution
A. INTERIOR SURFACES - STUCCO/CONCRETE/MASONRY (ACRYLIC
FLAT FINISH) (Unpainted Surfaces as Directed)
Prime Coat: ICI Sinclair No. 36 Uni-Poxy, Sherwin Williams B42WW49 or
equal
Finish Coat(s): ICI Sinclair No. 4800 Aqua Sash, Sherwin Williams Al00
A8W525, 100% Acrylic Semi -Gloss Enamel or equal
(OR)
Finish Coat (s) ICI Paint No. DS8900 Decra-Shield Semi -Gloss
(Pre -painted Surfaces as Directed)
Finish Coat(s) ICI Sinclair No. 4800 Aqua Sash Enamel, Sherwin Williams
Al00 A8W52 or equal
(OR)
Finish Coat(s) ICI Paints No. DS8900 Decra-Shield Semi -Gloss
EXTERIOR STUCCO
ICI Sinclair 1300 Stucco life, Sherwin Williams Al00 A6W596 or equal
METAL SURFACES (ALIPHATIC POLYURETHANE ENAMEL FINISH);
(Ferrous/Galvanized/Aluminum - Metal Railings, Stringers, Steps, and
and toll booths)
Spot Prime: ICI Devoe Coatings No 235 Bar Rust or equal
Finish Coats(s): ICI Devoe Coatings Tru Glaze WB4408 Waterborne
Finish Coat(s) cont Epoxy Gloss Coating, Sherwin Williams B70W201 or
equal
METAL SURFACES (ENAMEL FINISH):
(Ferrous/Glavanized/Aluminum - Elevator Doors, Metal Man Doors, Protection
Bars and Surfaces
as Directed)
NOTE: After cleaning, "spot prime" exposed ferrous metal with ICI Sinclair
No. 15 Red Oxide Primer or equal
Spot Prime: ICI Sinclair No. 14 Corro Prime, Sherwin Williams B50WZ1 or
equal
Finish Coat(s): Sherwin Williams B66W101 or equal
B. The number of coats specified is the minimum number acceptable to produce
the required finish. The contractor will apply additional coats at no extra cost
to produce full coverage and performance of all materials.
C. All paints, enamels, varnishes and other coatings used shall be of a brand
and quality specified by the authorized City Representative.
D. All surfaces to be finished or refinished shall be properly prepared and free of
all dirt, dust, grease, wax, oil and other foreign matter.
E. High pressure water blast: Let fully dry, followed by hand or mechanical wire -
brushing, scraping and/or spot sanding where required.
Mechanical or hand wirebrushing: Scraping and/or spot sanding
SSPC-SP 2-63 hand tool cleaning: Wire brushing, chipping, scraping and
sanding to remove loose rust, mill scale and paint.
F. All voids, cracks, nail holes, broken areas must be repaired with the
appropriate material, finished flush and dressed to surrounding surfaces.
Proper primers and/or sealers will be applied.
G. All corrosion, rust, pits and other deterioration will be repaired and prepared
using appropriate and approved methods. Proper anti -corrosion primers and/
or sealers will be applied.
H. Aluminum and galvanized surfaces must receive a solvent wash preparation
and primed with appropriate primers.
All colors are to be approved by authorized city representative. All undercoats
Con't shall be tinted to approximate the finish coat.
Part III. Workmanship
A. All work will be performed by experienced skillful craftsmen to assure finished
work of first class quality and durability.
B. All paints and coatings shall be mixed and applied strictly in accordance with
the manufacturers printed instructions.
C. All materials shall be applied evenly with proper film thickness and free of
runs, sags, skips and other defects.
D. Product handling: Identify each container with manufacturers name, brand
name, material type, stock number, color and application instructions, includ-
ing reducing instructions, if permitted.
Stack and store paint containers so that labels clearly display manufacturer's
name, type of paint, color, batch number and instructions.
When not in actual use, store paint materials and equipment in a location or
locations specifically assigned for that purpose. Such storage space shall be
well ventilated and adequately fire protected. Do all paint mixing and hand-
ling in such assigned storage locations.
E. Contractor guarantees an experienced work crew, knowledgeable and able to
perform and complete entire job.
F. All work shall be subject to approval by the authorized city representative.
Any work that does not conform to these specifications will be properly
corrected by the contractor at his expense.
G. All work to be completed in a timely manner.
THERE WILL BE A PRE JOB WALK ON TUESDAY JANUARY 7, 1997 AT
8:OOAM. LOCATION: 200 MAIN STREET. THIS WILL BE A MANDATORY
JOB WALK. THERE WILL BE A SIGN IN SHEET AT THE JOB SITE.
a "URCHASING DEPARTMENT
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
REQUESTEORQUOTATION
Craig Industries Painting
1407 Lakeside Ln
Huntington Beach CA 92648
Attn: Craig Campbell
97-0127
QUOTATION NUMBER
Show this number on outside of your
envelope.
Date: January 14, 1997
Bids will be received until
4:00pm
January 27, 1997
at the office of the Purchasing
Division.
Renalee Corbett
BUYER
QUANTITY
DESCRIPTION
UNIT_ PRICE
AMOUNT
_UNIT
_
This is an addendum to our Request for Quotation #96-000-
0113.
Please note the revisions in bold italics on pages 3 ,4 and
required bonds on page 6
Any further questions please call purchasing at
714/536-5221
46
OV\
t AV
i L7t' d vt
Delivery Address
City of Huntington Beach
California
Delivery to be made on or before:
or days from receipt of
order.
Quotations are requested for furnishing
the items described in accordance with
terms set forth herein. All quotations must
be F.O.B. delivered. The detailed
specifications or brand names or numbers
given herein is descriptive and indicates
quality and style of item required. Offer to
supply articles substantially the same as
those described herein will be considered
provided the articles offered are equal in
quality, durability, and fitness for the
purpose intended. Acceptability of
alternates will be determined solely by the
City of Huntington Beach.
Address your reply to:
Purchasing Division
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
(714)536-5221
THIS IS NOT AN ORDER
Total: 4
SalesTax
Total 0
Terms: o days
All quotations must be signed
Signature
P.� C /
Print Name
Title
Date
Phone Number7/ [l/��
0 I-a_k` a v'Au s + P1 ' eS
4 ear
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the polio period indicated.
36
This policy is not subject to cancellation by the Fund except upon Odd( days' advance written notice to the employer.
30
We will also give you )(I)N days' advance notice should this policy be cancelled prior to its normal expiration.
AUTHORIZED REPRESENTATIVE " PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE "'COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
04/03/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
92648
IMPORTANT - THIS IS NOT A BILL. SEND NO MONEY UNLESS STATEMENT IS ENCLOSED.
STATE HOME OFFICE SAN FRANCISCO-T )LICY DECLARATIONS
N S U R A N C E CALIFORNIA WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY
FUND THESE DECLARATIONS ARE A PART OF THE WORKERS' COMPENSATION POLICY INDICATED HEREON.
THIS INSURANCE IS EFFECTIVE FROM
12:01 A.M., PACIFIC STANDARD TIME
3-13-97 TO 1-01-98 AND SHALL
AUTOMATICALLY RENEW EACH 1-01
UNTIL CANCELLED
CRAIG INDUSTRIES PAINTING
1407 LAKESIDE LANE
HUNTINGTON BEACH, CALIF 92648
CONTINUOUS POLICY 1481394-97
DEPOSIT PREMIUM
4�/
MINIMUM PREMIUM
PREMIUM ADJUSTMENT PERIOD QUARTERLY
N SG
NAME OF EMPLOYER- CAMPBELL, JAMES
(AN INDIVIDUAL EMPLOYER AND NOT
JOINTLY WITH ANY OTHER EMPLOYER)
TRADE NAMES- CRAIG INDUSTRIES PAINTING
1. WORKERS' COMPENSATION INSURANCE - PART ONE OF THIS POLICY APPLIES TO THE
WORKERS' COMPENSATION LAWS OF THE STATE OF CALIFORNIA.
2. EMPLOYER'S LIABILITY INSURANCE - PART TWO OF THIS POLICY APPLIES TO
LIABILITY UNDER THE LAWS OF THE STATE OF CALIFORNIA. THE LIMIT OF OUR
LIABILITY INCLUDING DEFENSE COSTS UNDER PART TWO IS,
$1,000,000
CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE TO 1-01-98
INTERIM
BASE
BILLING
RATE
RATE*
5482 PAINTING, DECORATING OR PAPER HANGING--
9.20
9.20
INCLUDING SHOP OPERATIONS --EMPLOYEES
WHOSE REGULAR HOURLY WAGE EQUALS OR
EXCEEDS $19.00 PER HOUR--N.O.C.
THE USE OF THIS CLASSIFICATION IS SUB-
JECT TO VERIFICATION AT THE TIME OF
FINAL AUDIT THAT THE EMPLOYEE'S REGULAR
HOURLY WAGE EQUALS OR EXCEEDS $19.00
PER HOUR. THE PAYROLL OF AN EMPLOYEE
WHOSE REGULAR HOURLY WAGE IS NOT SHOWN
TO EQUAL OR EXCEED $19.00 PER HOUR
SHALL BE ASSIGNED TO CODE 54740).
5474 PAINTING, DECORATING OR PAPER HANGING--
23.41
23.41
TOTAL ESTIMATED ANNUAL PREMIUM
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO MARCH 21, 1997 POLICY FORM L 1
SCIF FORM 10040(NEW 8-96) (OVER PLEASE)
12-08-1997 4:23PM FROM INSURANCE OFFICE G19 AS6 3462 P.
12� '97 15 46 :01102
ACORD.,'.-A -01697
TW5 CERTIFICATE IS MMO AS A MATTER CW WFQRMAT*N
OWLY AND OMERS No RVM Up" M CERTIFICATE
CALTFUMA, COMMCIAL TNSLRA= SERVICES tioLOM Me CERTMATI QM NOT AMEND, FXn-ND OR
2291 WEST KVXH LAM SUITE 8201 A A4T§6 Tt* MEM89 AFFORDED BY T149 POUCMS W W.
STOCKM CALUMM 95207 WWAMIEG AFFOROWqCOV9RAG
A
901101PAW
CPAIG INDUMIES PAINTXM comp -Any
1407 LAIMME LANE �. c
HURrIM" BEAM, CALTMMIA 92648
.21, -5
THIS 15 TOCEWIFY714AT THE POI X-IFSOF INSURANCE LISTF0961.0W HAVE SEEN iSSILIF070 THE. WSUPEONAMEt)AWM FOR TM[ PCXICY KF400
INLnr,ATEo. NoTwilINSTAN004C, ANY REQUIREMENT, TERM MICONnITIONOF ANY CIDNTRACTC)AOTHER DOCUMENT WIYMqL5PLCTTOWWKTt4is
vPAT4F.K;ATF MAY M W%EP OR MAY PERTAIN. TH9 INSUAMCF AFOOW)FD BY THE K)LOfS oCWRMED Hf-RWIM IS WDJF-C'T Tn ALL THE TEAM&
F%fLv5IQN-9; AND COWITtMrb Of SUCH POLICIES UMITS SHOWN MAY WAVE BEEN REDVCF0 NY PAID CLAIMS.
co rf" or "ovah"m WIC'If"ummill mxtcv VmfgcTm Towicyoxft"owe
I." I we www"I I CwTg "Now") I I
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ANY AVI(,
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MOO-5485 03-28-97 03-28-" print", ' * Ilty
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WACOWTON 1411"CLIS"KIAL Its"
CERTIFICATE HOEM IS M BE NAMED AS AN ADDITIONAL INSMW AS M TW ATTACHM =11111ANWOWW4.
**10 DAYS Hw= of CWCELLATION FM ZCPWAYMM OF FREMnffl, 30 D= " own.
wo �mllogAft
S"WLD ANY Of TW "OVIE 069~ 00UPW IM CANCELS" 00 Tw
THE MY OF HWrIMMON HEUM OX"Ilhrlft OATS IN . 7m owm awpaw vow. Ammum obvI,
2000 MAIN SM= 39!*11""VoIllow 0 "Of TV TINE Cow"r"Va owns mmu To TN! WT
MMfa= WKW, CAI =NNIA 92646
12-08-1997 4:24PM FROM INSURANCE OFFICE 619 4S6 3462 P.2
v 12. 197 15:46 L5 :02/02 NO:764
CRAIG nMUS'1 M S PAirtP M
-XICY NUrh6Ea A=00-5485 COMMERCIAL GENERAL LIABILITY
TH#S ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
�ty PM7Qri@mf^' 'n40:r�es : ...' �nC? �" '�•,� '�'prr '(VA frlfipMnrt�
C0M?4EFC1AL G NE;1L L"• 6;L - -7,1/EP4GZ PART
3CHSDULE
rlmne of f►erson a: Organisation:
'lid CIT7C Or MfiTTIM ION 8—&=, PPS AIM, OFFZCM, AND aVLOYEES
H(fiT!'INc aVV Bpi, OLIMMIA 92648
if no entry ammars Jbovv ,r. •r•r1t clt' ^°1':r C;mAiete this 4c'-01'sernent Wed be shown in the (ectarattons
5s applicable to •- :5 tn0orser's
WHO IS AN 1NSUPEQ ►Sect,un . is `,rr " ra +nc;ude as an irs.-eb t►+e person or Qrgan+tatiom shown in Ime
Schedule• but qr, # %vitn resole -j aac' _. Pinv oiit of .your wC•• for that insured CJ or for you.
PRIMARY WmIm
IT IS FUR". = AGRESA THAT SUCH INSIiRANCS AS IS AFFORWO BY TRU
POLICY FOR THE BONSFIT OF THE ADDITIONAL INSURBD(S) SHOWN ABOVE
SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS
OR LIABILITY ARISING OUT OF TA$ OPERATIONS OF THE IOJ49D INSUR$D
OR FROM OW-VANCY, MAINTM ANCS OR USE OF TUB RMISBS BY TU ULM
INSVRBp AND ANY INSt1RAt g MAINTAINED BY TRK ADDITIONAL INSiTM(S)
SKALL. SE =X-00XTK=V1 Xi
** 1 (T 12 ADDITID[f14L INSUM MDOBSMEV-5 ISSM *"
.G 2010 11 85 "�nyr, r` ,surar+Ce Sew�ces Omn:e tnc.. 1964
S.. 1
I have received Contract Bond -Private Works Bond No. 50284 - American Contractors
Indemnity Company and Public Works -Labor and Material Bond No. 50284.
Re: Painting of the Main Promenade Parking Structure - James Campbell dba: Craig
Industries
RCA and Action Agenda for December 15, 1997 attached.
Dated:
By:r
A
Contract Bond -Private Works
KNOW ALL MEN BY THESE PRESENTS, That we,
Bond No. 50284
Premium: $ 2,460.00
James Campbell dba: Craig
Industries Painting , called the Principal, and AMERICAN
CONTRACTORS INDEMNITY COMPANY, a California Corporation, called Surety,
are held and firmly bound unto The City of Huntington Beach
called Obligee, in the sum of Eight Two Thousand and 00/ 100
Dollars ($ 82, 000.00 ) for the payment
of which whereof said Principal and Surety bind themselves firmly by these presents.
WHEREAS, the Principal has, by written Agreement dated January 27, 1997
entered into a contract with the Obligee, a copy of which is by reference made a part
hereof.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
Principal shall faithfully perform the Contract and keep it free and clear of all liens arising
out of claims for labor and materials entering into the construction, and indemnify and
save harmless the Obligee from all loss, costs or damage which the Owner may suffer by
reason of the failure to do so, then this obligation shall be void; otherwise to remain in full
force and effect.
Signed, sealed, and dated this 31st
James Campbell dba: Craig
Industries Painting
Principal,
BY: 's
James Campbe , Owner
day of March 19 97
AMERICAN CONTRACTORS INDEMNITY COMPANY
Cynthia J . Barnett, attomey in fact
n 3y
By1 DCput 1
CALIFORNIA ALL-PURV 'E ACKNOWLEDGMENT
No, 5907
State of
County of
CALIFORNIA
SAN DIEGO
On 3-25-97 before me,
DATE
personally appeared CYNTHIA J. BARNETT
SHERYL SMITH, NOTARY PUBLIC
NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
i7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
LOS7'7SMITH R signature(s) on the instrument the person(s),
COMM. #1060479 nOTARYPUBUC-CA.LIFORNIA N or the entity upon behalf of which the
SAN DIEGO COUNTY 0
My Commission Expires person(s) acted, executed the instrument.
JUNE 4,1999
WITNEy hand a icial seal.
E OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
❑ TRUSTEE(S) -
El GUARD IAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
AMERICAN CONTRACTORS INDEMNITY
COMPKyr—
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184, Canoga Park, CA 91309-7184
A
AMERICAN CONI'RACI'ORS INDI'NINI'IY COMPANY
Los Angeles, California
POWER OFA'ITORNI';Y
KNOW ALL MEN 13Y 'THESE PRESENTS: That AMERICA.N CONTRACIORS INDEMNITY COMPANY, a California
Corporation (the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J. Barnett of San Diego, California
as its true and lawful Atlorney(s)-in-fact, in arnount of $ 1 , 0 0 0 , 0 0 0 . 10execule, seal and deliver for and on its behalf as
surety, any and all bonds and undertakings, recogni-rances, contracts of indemnity and other writings obligatory in the nature
thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the
execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AIMLR[CA,\'
CONTRACTORS INDEMNYI'Y COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions
adopted by the Board of Directors of XMERICAAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on
the Gth day of December, 1990. -
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant
Secretary, shall have power and authority.
1. To appoint Attomey(s}in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at anytime, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bend
or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEA¢IxI7 COMPANY has caused this instrument to be signed and
itsco orate seal to be affixed by its authorized officer this 112iii to day of— May
1s 9?
AM7E.J.CKenna
TRACTOR IN EMNITYCOMPANY
-tea liKt'oc'F!{l� s By:1�0 President
i
STATE OF CALIFORNIA •
COUNTY OF LOS ANGELES
On 5 -18 -9 5 before me, ArnY Wolfe ,personally appeared E _ J MrKQn na
U) personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fier/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
"ZZAVITNESS my hand and official seal. a AM Tv
WOLFE _
COMM. # 988801 CO
c i f -. •- NOTARY PUBLIC - CALIFORNIA Jj
ORANGc COUNTY
~� -J CERTIFICATION � My Comm. Expires March 21. 1997
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Hoard of Directors of said
Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,
and that same are correct transcripts thereof and of the whole of the said originals. and that the said Power of Attorney has
not been revoked and is now in full force and effect.
25th March
IN'1'1-'S'I'IMONYWIII:ItEOF, I have lierunto set cny hand
Ass ' t S�:crctri ohn S. Sugta--
Bond No. 50284
Premium $ 2 , 460.00
Public Works - Labor & Material Bond
KNOW ALL MEN BY THESE PRESENTS, That we, James Campbell dba: Craig Industries
Painting as Principal,
and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing
under the laws of the State of California, and authorized to transact a general surety business in the State of
California , as Surety, are held and firmly bound unto The City of Huntington
Beach , as Obligee, in the sum of Eighty Two
Thousand and 00/100---------------------------------------- Dollars ($82,000.00
lawful money of the United States of America, for the payment whereof, well and truly to be made, we
hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that
WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated
January 27, 1997 with the Obligee to do and perform the following, to wit:
Quotation Number 97-0127, Interior and exterior painting of Downtown Parking
Structure.
NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay any of the persons
named in Section 3181 of the Civil Code of the State of California, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety
will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is
brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies or corporations entitled to file claims
under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Signed, sealed and dated this 31st day of March , 19 97
James Campbell dba: Craig Industries PaintinWmerican Contractors Indemnity Company
Principal
By l�z_rV
James Campb 11, Owner Cynthia J. Barnett, Attorney -in -Fact
CALIFORNIA ALL-PURP" 'E ACKNOWLEDGMENT
No. 5907
State of
County of
CALIFORNIA
SAN DIEGO
On 1-25-97 before me,
DATE
personally appeared CYNTHIA J. BARNETT
SHERYL SMITH, NOTARY PUBLIC
NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
�...�� signature(s) on the instrument the person(s),
SHERYLSMIi K or the entity on behalf of which the
COh9M. #1060479 n y upon
NOTARY pLI& C-CALIFORNIA to
U SANDIEGOCOUNTY 0person(s) acted, executed the instrument.
My Commission Expires
JUP1E 4,1999
WITNESS y han official seal.
u
SI URE OF NOTAR
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
AMERICAN CONTRACTORS INDEMNITY
COMP NY
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
A
A,VIEiRICAN C0N'1'1(AC('0RS INDEMNITY COMPANY
Los Angeles, California
POWER OFA'I'I'ORN1:Y
KNOW ALL \,(LN I3Y THESE PRESENTS: That A ILR(CA,'V CON'I'RACI'ORS INDEMNTIY COMPANY, a California
Corporation (the -Company-). and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J. Barnett of San Diego, California
as its tn:e and lawful Attorriey(s)-in-fact, in amount of S 1 , 0 0 0 , 0 0 0 .. 10execute, seal and deliver for and on its behalf as
surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the
execution of such instrument(s) in pursuance of these presents, shall be as binding,* upon the said AIMERICA.\'
CONrItACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office. -
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions
adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY. at a meeting called and held on
the Gth day of December, 1990. -
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant
Secretarv, shall have power and authority-
1. To appoint Attorneys}in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other, vritings obligatory in tl,e nature thereof and,
2. To remove, at anytime, any such Attorney -in -fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond
or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEI1x 7 COMPANY has caused this instrument to be signed and
itsco orate seal to be affixed by its authorized officer this t�f ttII11 day of_ May
19 9T
OptAM7E.J.cKenna
TRACTOR IN EMNITYCOMPANY
By: President
STATE OF CALIFORNIA �111Ft1���� -
COUNTY OF LOS ANGELES
On 5-18-95 before me, Amy Wolfe ,personally appeared E.J. MrKr-nnp
LZ personally known to me - OR - O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
-z-�yI'TNESS my hand and official seal.
--- AMY WOLFE
CO�'>"� NOTARY PUBLIC - CALIFORNIA ZI
ORANGE COUNTY —`
.'° CERTIFICATION �.,,,,� My Comm. Expires March 21, 1997
1. the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said
Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOMY OFFICE OF SAID COMPANY,
and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has
not been revoked and is now in full force and effect.
IN'I'I;S'1'IMONY WIII:ItI:OF, I have hcrunto set illy hand this
1`.I 97
25th daMarch
------ y of ------- --
11SS ' t S :crctr, ohn S _ Sug to
RCA ROUTING SHEET
INITIATING DEPARTMENT:
COMMUNITY SERVICES
SUBJECT:
APPROVAL TO PAINT THE MAIN PROMENADE
PARKING STRUCTURE
COUNCIL MEETING DATE:
December 15, 1997
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attome
Attached
Financial Impact Statement (Unbud et, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
RCA Author: r
1r /_�
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM
DATE:,DeeeYn,OGR� /F, / ? 97'
TO: �'.P.�14 DWZ) ZTeZes
Name
�� IX1262DAIZW&� e�4 -
City, State, Zip
See Attached Action Agenda Item
-zz
ATTENTION: ` rax e6 C2?V,oell
DEPARTMENT:
REGARDING: Tf!
Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Agreement
Bonds
Insurance
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Attachments:
Action Agenda Page
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RCA _�
Deed
Other
Remarks:
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Agreement
Insuranccee
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Name
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Department
RCA
Agreement
Insurance
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Risk Management Department
Insurance Copy _ z
G:Fo llowup/agrmts/transltr
(Telephone: 714-536-5227 )