HomeMy WebLinkAboutKALBAN, INC - Repair/Replacement of Street Improvements Along Scenario Drive - MSC-398 12/21/98 - Notice of Completion 5/3/99 - 1998-12-21CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 3, 1999
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
Enclosed please find a Notice of Completion to be recorded and returned to the Office of
the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California
92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed
self-addressed, stamped envelope.
Sincerely yours,
Connie Brockway
City Clerk
CB/jc
Enclosure: Notice of Completion — MSC-398 — Street Repairs On Scenario Drive
( Telephone: 714-536.5227 )
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street,
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of
Huntington Beach, California to Kalban Incorporated who was the company thereon for doing the
following work to -wit:
Street Repairs On Scenario Drive — MSC-398
That said work was completed May 3, 1999 by said company according to plans and specifications and to the
satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City
Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 3, 1999.
That upon said contract First National Insurance Company of America was surety for the bond given by
the said company as required by law. This document is solely for the official business of the City of
Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of
charge.
Dated at Huntington Beach, California, this 6t' day of May, 1999.
X- 42L'z'�
City Clerk and ex-officio Clerk
of the City Council of the City
)—
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNI , BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California, this 6`s day of May, 1999.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
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R3 ea rdsle�—.Pc,J ADO • q(C)
A?oble — P11
CITY OF HUNTINGTON BEACH &rr s Grp
MEETING DATE: May 3, 1999 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held:
Deferred/Continued to:
❑ o tionall A rov d D yd
®(ppr !8
,)r-Pdrj! C 61t,lerk's Signature
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Council Meeting Date: May 3, 1999
Department ID Number:
SUBMITTED TO:
MITTED BY:
PREPARED BY:
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
RAY SILVER, CITY ADMINISTRATOR
ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS
ACCEPT THE COMPLETED STREET REPAIRS ON SCENARIO
npiv;: /MSC__ ngf21
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment s
Statement of Issue:
Kalban Incorporated has completed the repair/replacement of public improvements along
Scenario Drive.
Funding Source:
Revenues, of $387,986, were encumbered last fiscal year to cover the cost of these
improvements.
Recommended Action:
Motion to accept the improvements and authorize the City Clerk to file the Notice of
Completion.
Alternative Action(s):
Deny acceptance of improvements.
Analysis:
On December 21, 1998, Council awarded a construction contract to Kalban Incorporated for
the repair/replacement of improvements along Scenario Drive. This work has been
99rca11.doc -2- 04/21/99 10:43 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 3, 1999 DEPARTMENT ID NUMBER:
completed, at a final cost of $377,942.44 (see Summary below). Therefore, the Director of
Public Works recommends acceptance of the improvements and requests that the City Clerk
be authorized to file the Notice of Completion.
COST SUMMARY
CONTRACT WORK $331,078.43 $341,953.18
CHANGE ORDERS 33,108.00 31,166.70
INCIDENTAL EXPENDITURES 23,800.00 4,822.56
TOTAL CONTRACT � =_$387 986 43 ;:�1 ! - 3- 77 942 44
* Actual quantities for street asphalt were greater than originally estimated.
Environmental Status:
N/A.
Attachment(s):
RCA Author: Robert F. Beardsley / Don Noble.
99rca11.doc -3- 04/21/99 10:56 AM
14/
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,4-eP - )174y1 C--l—
WHEN RECORDED MAIL TO:
;arG(S�2y l�I� CITY OF HUNTINGTON BEACH
�� Office of the City Clerk
P. O. Box 190
Huntington Beach, CA 92648
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
1111111111!III III! No Fee
19990355821 10; 38am 05/14/99
005 29011552 29 57
N12 1 6.00 0.00 0.00 e.00 0.00 0.00
NOTICE OF COMPLETION
NOTiCE`IS-iIEREBY`GI vEIv"by-tlie City -of Huntington' Beach; owner in fee,-2000 lvlain Street,'-'
Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Q
Huntington Beach, California to Kalban Incorporated who was the company thereon for doing the �.
following work to -wit. -
Street Repairs On Scenario Drive - MSC-398 llp
That said work was completed May 3, 1999 by said company according to.plans and_,specifications and to the v �/
satisfaction of the City Engineer of the City of Huntington Beach and that said work was -accepted by the City
Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 3, 1999.
That upon said contract First National Insurance Company of America was surety for the bond given by
the said company as required by law. This document is solely for the official business of the City of
Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of
charge. y
Dated at Huntington Beach, California, this 6`h day of May, 1999. -
City Clerk and ex-oftcio lClerk
of the City Council of-"theCity
of Huntington Beach ,al orma
STATE OF CALIFORNIA ) `
County of Orange ) ss:
City of Huntington Beach ) !
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the
foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council...
Dated at Huntington Beach, California, this 6`h day of May, 1999.
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
_ _ .-O._Box-190.
Huntington Beach, CA 92648
City Clerk and ex-offteio Clerk
of the City Council'o%the City`
of Huntington Beach,'C'aliforn.ia
X
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
ACCEPT THE COMPLETED STREET REPAIRS ON
SCENARIO DRIVE MSC-398
COUNCIL MEETING DATE:
May 3, 1999
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 Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, 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
EXPLANATION FOR MISSING ATTACHMENTS
FITMEXPLANATION FORRETURN'O
RCA Author: Robert F. Beardsley / Don Noble.
Daterrime 04/28/1999 9:13:08 AM City of Huntington Beach Page 1
Office of the City Clerk
Records
Ref Category Subject Entered Status Document Expires Box ID Label
KA 600.90 02/02/1999 Active MS 398 13387 KALBAN, INC - Repair/Replacement of Street Improvements
Along Scenario Drive - MSC-398 12/21 /98
Total Records Detailed: 1
rn
w
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
1 am a Citizen of the United States and a
PUBLIC NOTICE firmatively ensures that mi-
nority business enterprises
resident of the County aforesaid' I am
SECTION A will be afforded full op -
NOTICE INVITING portunity to. submit bids in
over the age of. eighteen years, and not a
response to this notice and
SEALED BIDS will not be discriminated
For the on the basis of
party to or interested in the below
against
RECONSTRUCTION race, color, national origin,
AND IMPROVEMENT ancestry, sex, or religion in
entitled matter. I am a principal clerk of
OF SCENARIO DR.. any consideration leading
MSC 398 to the award of contract.
the HUNTINGTON BEACH INDEPENDENT a
In the No bidshall be consid-
CITY OF ered unless it is prepared
r
newspaper of general circulation, printed
on the approved Proposal,
HUNTINGTON BEACH the In to conformance with
PUBLIC NOTICE IS Bidders.
b
and published in the City of Huntington
the Instructions to
HEREBY GIVEN that the The bid must be ac-
CITY OF HUNTINGTON by a certified
Beach, County of Orange State of
companied
BEACH, AS agency, invites check, cashier's check, or
seated bids for the above p y-
bidder's bond made a
California, and that attached Notice is a
stated projects and will re- Of -able to the AGENCY for an
ceive amount no less than 10
true and complete copy as was printed
rice of the City Cerk,eSeec- e
and Floor; 2000 Main of the amount bid. The
Street, Huntington Beach, successful bidder shall be
and published in the Huntington Beach
licensed in a
California 92648, up to the with provisions of the Busi-
hour of 10:00 a.m. on No- accordance
and Fountain'' Valley issues
ness and Professions Code
vember.6, 1998. Bids will and shall possess a State
be publicly open in the
of said
newspaper to wit the issue(s)
Contractors License Class
.Council Chambers unless at the time of the bid open -
otherwise posted. ing. The successful Con.
of:
Copies of the Plans, tractor and his subcontrac-
Specifications, and con- tors will be required to pos-
tract documents are avail-
October 22, 1998
sess business licenses
able from the Office of the from the AGENCY.
Director of Public Works, The AGENCY reserves the
2000 Main Street, Hunting- right to reject any or all
October 29, 1998
ton Beach, CA 92648, upon payment of a S25.00 nonre-bids, to waive any irregular -
ity and to take all bids
fundable fee if picked up, under advisement for a
un
November 5 1998
r
or payment of a S35.00 fee maximum period of 60
if mailed.
Any contract entered into days.
pursuant to this notice will BY ORDER of the CITY
COUNCIL of the CITY OF
I declare, under of that
incorporate the provisions HUNTINGTON BEACH,
of the State. Labor Code. CALIFORNIA, the 5lh day
Pursuant.to the provisions
penalty perjury,
of October 1998.
the Labor Code the
the foregoing is true and correct.
g
of of
State of -California, the min - Attest'
`�
imum prevailing rate of per Connie Brockway,
diem wages for each craft, CITY CLERK OF THE
classification or type of City of Huntington
workman needed to ex- Beach
Executed on November 5 n8
7
ecute be
hose ldete mined bhe contract y the Published Huntington
v Beach -Fountain Valley In -
�
at Costa Mesa California.
Director of Industrial Rela-
lions of the State of Califor. dependent October 22, 29,
nia, which are on file at the November 5, 1998
Office of the Director of 104-127
Public Works, _2000 Main
Street, Huntington Beach,
CA 92648.
The AGENCY will deduct
a 10% retention from all
progress paymer•!:. The
Contractor may suzstitute
an escrow holder surety of
equal value to the retention
in accordance with the pro-
of the California
Govoernment Code, Section
Signature
4590. The Contractor shall
be beneficial owner of the
surety and shall receive
j-any interest thereon.
j The AGENCY hereby at-
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
October 22, 1998
October 29, 1998
November 5, 1998
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 5, 1998
at Costa Mesa, California.
' Signature
PUBLIC NOTICE firmatively ensures that mi-
nority business enterprises
SECTION A will be afforded full op -
NOTICE INVITING portunity to submit bids in
SEALED BIDS response to this notice and
For the will not be discriminated
RECONSTRUCTION against or, the basis of
AND IMPROVEMENT race, color, national origin,
ancestry, sex, or religion in
OF SCENARIO DR. any consideration leading
MSC 398 to the award of contract.
In the No bid shall be consid-
CITY OF ered unless it is prepared
HUNTINGTON BEACH on the approved Proposal
PUBLIC NOTICE IS terms in conformance with
HEREBY GIVEN that the the Instructions to Bidders.
CITY OF HUNTINGTON The bid must ce ed
BEACH, AS agency, invites companies by a certified
scheck, cashier's check, or
sealed bids for the above
stated projects and will re- bidder's bond made pay
-
slated such bids in the Of.
able to the AGENCY for an
fice of the City Clerk, Sec• amount no less than 10,6
and Floor, 2000 Main of the amount bid. The
Street, Huntington Beach, successful bidder shall be
California 92648, up to the licensed in accordance
hour of 10:00 a.m. on No- with provisions of the Busi-
vember 6, 1998. Bids will ness and Professions Code
be publicly open in the and shall possess a State
Council Chambers unless Contractors License Class
otherwise posted. at the time of the bid open-
s of the Plans, ing. The successful Con-
CSpopieopie ations, and con• tractor and his subcontrac-
tract documents are avail• tors will be required to pos-
able from the Office of the sess business licenses
Director of Public Works, from the AGENCY.
D
Dire Main Street, Hunting- The AGENCY reserves the
2000 right to re
ton Beach, CA 92648, upon ject any or all
payment of a S25.00 nonre• bids, to waive any irregular-
lundable fee if picked up, ity and to take all bids
under advisement for a
or payment of a S35.00 fee
maximum period of 60
if mailed.
Any contract entered into days.
pursuant to this notice will O ORDER of the CITY
incorporate the provisions COUNCIL T the CITY OF
of the State Labor Code. HUNTINGTON BEACH,
Pursuant to the provisions of October
`1 the Sth day
of the Labor Code of the of October 1998.
State of California, the min. Attest:
imum prevailing rate of per Connie Brockway,
diem wages for each craft. CITY CLERK OF THE
classification or type of City of Huntington
workman needed to ex- Beach
ecute the contract shall be Published Huntington
those determined by the Beach -Fountain Valley In -
Director of Industrial Rela• dependent October 22, 29,
tions of the State of Califor-
nia, which are on file at the November 5, 1998
Office of the Director of 104-127
Public Works, 2000 Main
Street, Huntington Beach,
CA 92648.
The AGENCY will deduct
a 10% retention from all
progress paymerts- The
Contractor may su.;stitute
an escrow holder surety of
equal value to the retention
,Hunting-
PUMICES
bidder's bond made pay -
PUBLIC NOTICE
_
NOTICE INVITING
able to the AGENCY for an
amount less than 1
ALLEY
SEALED BIDS
h
a The
of the amount bid. e
For the
successful bidder shall be
RECONSTRUCTION
licensed In accordance
AND IMPROVEMENT
with provisions of the Busi-
OF SCENARIO- DR.
ness and Professions Code
nt
MSC 3918
and shall possess a State
In the
a
Contractors License Class
CITY
at the time of the bid open-
HUNTINGTON BEACH
ing. The successful Con-` PILOT
.tractor and his subcontrac-
ptl A!, ,NOTICE . IS
tors will be required to pos-
E�E G411EW'thdf' the
sess business licenses
CITY„' F ;,; )tjUNTOITON
from the AGENCY.
BEACIi 5lg 8gerii;V, IdWes
The AGENCY reserves the .
BeaTedrbids'Yor'thb $Dove
right to reject any or all
statpll�proj�rt� sand will -e-
ceive such bi s in' the Ot-
bids, to waive any irregular-
ity and to take all bids
lice of the City Clerk, Sec-
under advisement for a
and Floor, 2000 Main
maximum period of 60
Street, Huntington Beach,
days.
California 92648, up to the
BY ORDER of the CITY
hour of 10:00 a.m. on No-
COUNCIL of the CITY OF
vember 6, 1998. Bids will
HUNTINGTON BEACH,
be publicly open In the
CALIFORNIA, the 5th day
Council Chambers unless
of October 1998.
otherwise posted.
Attest:
Copies of the Plans,
Connie Brockway,
Specifications, and con-
,tract documents are avail-
CITY CLERK OF THE
.
able from the Office of the
City of Huntington
Director of Public Works,
Beach
12000 Main Street
Published Huntington
;ton Beach, CA 92648, upon Beach -Fountain Valley In -
:payment of a $25.00 nonre-. dependent October 22, 29.
fundable fee If picked up, November 5, 1998
or payment of a $35.00 fee 104-127
if mailed. — Any contract entered Into
pursuant to this notice will
incorporate the provisionslr Advertiser:
Client Reference #
Independent Reference # / o / L
of the State Labor Code.
'Pursuant to the provisions
or the Labor Code of the
State of California, the min -
Enclosed please find clipping of your ad from the
tmum prevailing rate of ' publication, beginning 4,o
diem wages for each craft,'
classification or type of
workman needed to ex-
ecute the contract shall be If you need to make any changes or corrections,
those determined by thecall me at our earliest convenience.
Director of Industrial Rela-�,ase y �.
tions of the State of Califor-
nia, which are on file at the /
Office of the Director of The cost of this publication will be $ 1
Public Works, 2000 Main
Street, Huntington Beach,
C h2 eAGENCY will deduct Thanks for your cooperation and patronage.
a 10% retention from all
progress payments. The
Contractor may substitute
an escrow holder surety of
equal value to the retention
in accordance with the pro-
visions of the California
Government Code, Section
4590. The Contractor shall
be beneficial owner of the
surety and shall receive
any interest thereon.
The AGENCY hereby af-
firmatively ensures that mi-
nority business enterprises'
will be afforded full op- j
portunity to submit bids In
response to this notice and
will not be discriminated
against on the basis of
race, color, national origin,
ancestry, sex, or religion In
any consideration leading
to the award of contract.
No bid shall be consid-
ered unless It is prepared
on the approved Proposal
forms In conformance with
,he Instructions to Bidders.
The bid must be ac-
companied by a certified
check, cashier's check, or
18682 Beach Boulevard, Suite 160
Huntington Beach, CA 92648
(714) 965-3030
(714) 965-7174 FAX
Sincerely,
e0 tting
Manager
Legal Advertising Department
"le
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: JQ-n[J&rj
TO:
Nam
City, State, Zip
ATTENTION: �%%/ O/✓ �f>t�2 JJ /i a y�
DEPARTMENT: 4-es/ de At
REGARDING: / a C p1ne,-2—Z
�yridrv✓P�ne✓)/s 39�
See Attached Action Agenda Item — 6 Date of Approval z / f
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Agreement
Bonds
Insurance
RCA
Deed
Other
CC: '&a.rd s l _
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Department
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Insurance
Other
6&AY
Department
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Insurance
Other
Name
Department
RCA
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Insurance
Other
Na�f
Department
RCA
Agreement
Other
Risk Management Dept.
:;Z'
Received by Name - Company Name - Date
G:Followup/coverltr
( Telephone: 714.536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
RE: Construction of /� l Se 3 g '? - 16,0a /r- 9
1. arexell/- -7;-n ProVP PROJECT YY?Se-.3 �d
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS.
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441.
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
( Telephone: 714-536-5227 )
(9)
12/21/98 - Council/Agency Agenda - Page 9
E-5. (City Council) Approve Citv Acceptance From PLC Land Comoanv Of A Sewer Line
Easement Within Tract No. 14355 (The Bluffs) - n/w Corner Of Garfield Avenue & Edwards
Street (650.80) - Accept Sewer Line Easement within Tract No. 14355 (The Bluffs) from PLC
Land Company and authorize the Mayor and City Clerk to execute the Sewer Line Easement
from PLC Land Company to the City of Huntington Beach and instruct the City Clerk to record the
document with the County Recorder. Submitted by the Public Works Director
[Approved 6-0 (Julien: Absent)]
E-6. (City Council) Accept Bids For Repair/Replacement Of Street Improvements Along Scenario
Drive - MSC-398 - Approve Contract With Kalban. Inc. (600.90) - 1. Accept the low bid
submitted by Kalban, Inc. and approve and authorize execution of the City —funded Construction
Contract Between The City Of Huntington Beach And Kalban, Inc. For The Reconstruction And
Improvements Of Various City Streets (MSC-398). Submitted by the Public Works Director
[Approved 5-0 (Julien: Absent, Harman: ABSTAINED)]
E-7. (City Council) Approve Lease Aqreement Between Citv And Michael Mehalick For Downtown
Library Annex Space (600.10) - Approve and authorize the Mayor and City Clerk to execute a
Lease Agreement Between The City Of Huntington Beach And Michael Mehalick For The Premises
At 525 Main Street (Library 790-Foot Annex) In The City Of Huntington Beach for a term of one
year 10/1/98 - 9/30/99. Submitted by the Acting Director of Administrative Services.
[Approved 6-0 (Julien: Absent)]
E-8. (City Council) Adopt Resolution No. 98-99 - Revision Of Huntinaton Beach Emplovee
Deferred Compensation Plan (700.55) - Adopt Resolution No. 98-99 'A Resolution of the City
Council of the City of Huntington Beach Amending Its Deferred Compensation Plan." Submitted by
the Acting Administrative Services Director
[Approved 6-0 (Julien: Absent)]
E-9. (City Council) Accept Progress Report On The Mobile Home Advisory Board (430.80) -
Receive, review and file the report and accept the report as complete - Report To The City Council
On The Activities And Actions Of The City Of Huntington Beach Mobile Home Advisory Board.
Submitted by the Economic Development Director
[Approved 6-0 (Julien: Absent)]
E-10. (City Council/Redevelopment Agencv) Approve Continuation Of Mortoaae Credit Certificate (MCC
Program In Cooperation With County Of Orange (600.25) - Approve the continuation of the Mortgage
Credit Certificate Program in cooperation with the County of Orange, as set forth in Resolution No. 97-
001 adopted by the City Council on January 6, 1997. Submitted by the Economic Development Director
[Approved 6-0 (Julien: Absent)]
E-11. (City Council) Emplovee Classification And Compensation Studv -Approve Consultant
Agreement - Between City & Johnson & Associates (600.10) -1. Approve the selection of
Johnson and Associates to perform a limited classification and compensation study for a cost not to
exceed $50,000, and approve and 2. Authorize the Mayor and City Clerk to execute a Professional
Services Contract Between The City Of Huntington Beach And Johnson & Associates For
Classification And Compensation Study. Prepared by the Acting Director of Administrative Services
lII &4rds1,DPi✓
1599 lf%ble JR)✓
(: I
CITY OF HUNTINGTON BEACH 6 - ?w
TnAsoyze-
MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: 498-40
Council/Agency Meeting Held: Z,2 /
�o ad • 90
erred/Continued to:
Vpprov d ❑ Conditional) Approved ❑Denied
!P!)T')( lerk's Signature
Council Meeting Date: December 21=1998
Department ID Number: PW98-40
SUBMIT D TO:
ITTED BY:
Q
REPARED BY:
�'
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
HONORABLE AND CITY COUNCIL MEMBERS
RAY SILVER, CITY ADMINISTRATORar�o;
ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS
ACCEPT BIDS FOR REPAIR/REPLACEMENT OF STREET
IMPRnVFMFNTS• MCr_gQR
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Pursuant to City Council approval of October 13, 1998, bids were received November 6,
1998 for the repair/replacement of applicable public improvements along Scenario Drive.
Funding Source:
The 1998/1999 approved City Budget includes sufficient funds for this project in fiscal
Account No. E-SX-PW-974-6-32-00 (i.e. Improvements, Streets).
Recommended Action:
Motion to:
1. Accept the low bid submitted by Kalban, Inc. and approve the attached contract.
2. Approve a total project budget of $387,986.43. This amount includes $331,078.43
for contract work, $33,108.00 for any unanticipated Change Orders and $23,800.00
incidental expenditures.
Alternative Actions : /
98rca40.DOC -2- 12/11/98 9:48 AM
REQUEST FOR ACTION
MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW98-40
Deny approval of the low bid and forego the construction of these improvements.
Analysis:
On November 6, 1998, staff received fourteen bids as summarized below:
Kalban, Inc.
$331,078.43
Kovac, Inc.
$340,463.50
GMC Engineering
$340,850.00
Silvia Construction
$348,976.86
Nobest, Inc.
$361,959.85
All American Asphalt
$368,287.10
Damon Construction
$371,258.74
Century Paving
$393,687.52
Holland -Lowe Construction
$404,643.80
Hillside Contractor, Inc.
$407,416.40
Sequel Contractors, Inc. $423,209.10
Los Angeles Engineering $434,287.58
Parker Engineering $441,616.84
Excel Paving $545,674.90
Based on a review of each bid, it is recommended that the low bid, submitted by Kalban, Inc.,
be accepted and Council approve a project budget of $387,986.43. This amount includes:
$331,078.43 for contract work, $33,108.00 for any unanticipated Change Orders and
$23,800.00 for incidental expenditures (i.e. purchase of new parkway trees and water meter
vaults).
Environmental Status:
N/A
Attachment(s):
Contract
2. 1 Contract Bonds
3. 1 Certificate of Insurance
RCA Author: Robert F. Beardsley/Donald Noble
98rca40.DOC -3- 12/11/98 9:46 AM
CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KALBAN, INC. FOR THE RECONSTRUCTION AND
IMPROVEMENTS OF VARIOUS CITY STREETS (MSC-398)
THIS AGREEMENT, made and entered into this Q?J,:d_- day of sbee-e)nb4<.,
1998, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and KALBAN, INC. a California corporation,
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
the 'PROJECT," more fully described as the reconstruction and improvements of various local
streets 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 in connection with the work, including, but not limited to,
all expenses incurred by or in consequence of the suspension or discontinuance of work,
except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
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Agreement, and in accordance with the requirements of CITY 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 Public Works 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
90034, and all amendments thereto, written and promulgated by the Southern California
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K
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 Department of Public Works of CITY (hereinafter referred to as "DPW"),
without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at
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 Three
Hundred Thirty One Thousand Seventy Eight Dollars and Forty -Three Cents ($33.1,078.43), as
set forth in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to
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completion within ninety (90) consecutive calendar days from the day the "Notice to Proceed"
is issued by DPW, 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 DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of DPW, and CITY
shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in
writing by DPW.
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When directed to change the work, CONTRACTOR shall submit immediately to
DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such
cost proposal, the work shall be performed according to the changes ordered in writing by DPW
and the proper cost thereof shall be negotiated by the parties upon cost and pricing data
submitted by 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 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 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
CONTRACTOR unconditionally guarantees all work done under this Agreement
including, but not limited to, any workmanship, installation, fabrication, material or structural
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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 CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an 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 wouldbe, 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 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 of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time prior to the date of final settlement of the
Agreement), notify DPW 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 DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished by 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 no way 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 materials 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.
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12. DIFFERING SITE CONDITIONS
(1) Notice: CONTRACTOR shall promptly, and before such conditions
are disturbed, notify DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. DPW shall promptly investigate
the conditions and if it finds that such conditions do materially so differ and cause an increase
or decrease in the time required for performance of any part of the work under this Agreement,
whether or not changed as a result of such conditions, an equitable adjustment shall be made
and the Agreement modified in writing accordingly;
(2) Time Extension: No claim of CONTRACTOR under this Section
shall be allowed unless 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 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. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to 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
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time for completion shall be allowed if asserted after final payment under this Agreement. If the
quantity variation is such as to cause an increase in the time necessary for completion, DPW
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
Each month DPW 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 DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, 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
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by DPW, 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 in the
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 DPW its affidavit stating that all workers and persons employed,
all firms supplying materials and all subcontractors working upon the PROJECT have been paid
in full and that there are no claims outstanding against the 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, officials, employees and agents from and against any and all
liability, claims, damages, losses, expenses, 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, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, including but not limited to,
concurrent active or passive negligence except where caused by the active negligence, sole
negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole
cost and expense.
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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 for this PROJECT. Said policy shall name CITY, its officers, and employees
as Additional Insureds, and shall specifically provide that any other insurance coverage which
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may be applicable to the PROJECT shall be deemed excess coverage and that
CONSULTANT's insurance shall be primary.
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; and
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY.
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 CONTRACTOR's
insurance policies, naming CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses 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
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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.
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
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13
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 sections 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 8
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
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.
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Stateof California
,ountyof. Los Angeles
On iu 99, o?1 f/`S before me, Bonnie Lane, Notary Public___
(DATE) (NAME, TITLE OF OFFICER - I.E., JANE DOE. NOTARY PUBLIC")
personally appeared Miron Kalebjian, President of KALBAN,—INC.
(NAME(S) OF SIGNER(S))
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL(S)
R. CORPORATEPres . &Sec .
MI
OFFICER(S)-
❑ PARTNER(S) (TITLE(S))
- ------ — —
personally known to me - OR -
❑ proved to me on the basis of satisfactory evidence
❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is/are sub-
❑ TRUSTEE(S)
scribed to the within instrument and acknowledged
❑ GUARDIAN/CONSERVATOR
to me that he/she/they executed the same in
❑ OTHER:
BONNE IAfE
his/her/their authorized capacity(ies), and that by
Comtnyon111t76d04
his/her/their signature(s) on the instrument the
-- - ---
.,o NofayPubft CelrGM
person(s), or the entity upon behalf of which the
SIGNER IS REPRESENTING:
Los AM" CakolN r person(s) acted, executed the instrument.
C^119
(NAME OF PERSON(S) OR ENTITY(IES))
Witness my hand and official seal.
I
(SEAL)
(SIGNATURE OF NOTARY)
—
ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT
Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
WOLCOTTS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRINT—Rev 12A2 migw wrn rmvz rnauc air
1 ,
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.
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.
KALBAN,_, CITY OF HUNTINGTON BEACH, a
= / municipal corporation of the State of .
California
(By:
print name
AT -,;circle one) Chairm resi a Vice President May
AND -
ATTEST: oe
1 '
By:
LE I -
City Clerk
pr ' ��99
ITS: (circle one creta hief ancial APPROVED AS TO FOR
Officer/Asst. Sec - Treasurer
By:
Judy Kalebjian, ghief it Attorne
Financial Offic y yREVIEWED AND APPROVED:Ot
�2 APPROVED: 4-1�yLf�
y Administrator
Director of Public Works
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::� -:::::::::..:.?:.
COR „
daODUCER ;%� ���� ���
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
J
Eastman & Company Ins Brokers 6 00. 90
2550 N Hollywood Way Suite 201�
Burbank, CA 91505-1055 �f� r0 �e
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
ATranscontinental Ins Co
INSURED
Kalban Inc'
R mu n� �
COMPANY
B Valley Forge Ins Co
10950 Tuxford #16
Sun Valley, CA 91352
COMPANY
C Transportation Insurance Co
COMPANY
D
DM
. JS:::j:.:j::j::j::jir';:j•:j;.:i:'r':::i:::•;•ii:.;j.•:::.iirr:.i:-ij•-iiiiii:;i;,iiii::ii::-:i:-ii:.ii:.iii:.::.ii:ii::::ii:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OFINSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/WNY)
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
C01044919911
05/01/98
05/01/99
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS - COMP/OP AGG
$ 1000 000
PERSONAL & ADV INJURY
$ 1000 000
X
EACH OCCURRENCE
$ 1000 000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Anyone fire)
$ 50,000
MED EXP (Any one person)
$ 5,000.
B
AUTOMOBILE
LIABILITY
ANY AUTO
BUA1044919925
05/01/98
05/01/99
COMBINED SINGLE LIMIT
$ 1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
A./ r./'
G,A- , . ; h_'L;
CrT 1 ffr;ln�,)
A 1'11
1O F'�
�
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
V-V
A
t tOpheD
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
``
EXCESS LIABILITY
X;71 UMBRELLA FORM
C181050447
08/24/98
OS/01/99
EACH OCCURRENCE
$ 1000 000
AGGREGATE
$ 1000 000
$
OTHER THAN UMBRELLA FORM
COMPENSATIONAND
EMPLOYERS' LIABILITY
WCC156485055
07/01/98
07/01/99TOC
TATU
X RC
MT
::WORKERS
EL EACH ACCIDENT
$ 11000,000
EL DISEASE - POLICY LIMIT
$ 1,000,000
THE PROPRIETOR/ INCL
OFFICERS ARE:CUTIVE EXCL
A0,
L I �I �Jh� •^
EL DISEASE - EA EMPLOYEE
$ 1,000,000
OTHER
D
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Re: Reconstruction & Improvements of Scenario Drive, Huntington Beach, CA
The City of Huntington Beach, its officers & employees are named Additional
Insureds.
......................::::.:::.:.....:.:.;..:...:...:......... ::.::;;;:::::::.:.;:«:.;::::..:.::::::...:::::::::::::<::.;.:.:...::::::::::::.:::.;::::<:::.::::.
:.....................:..:..:..........,..
l ::.:::.::::::::•::::.;:::::::::.;::::::::::::::::::::.... .............Ot1t4. ;:itlit e::61i:Idtta*1'i t:$I:pr:.....tuttiE«;;::i::«««::€'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EM3BNKIFK3M MAIL
License Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main Street
P.O. Box 711 'rz sNaMm+�`�n"`ec�Bn®'sa�lsxM'�mm�xraemax
Huntington Beach, CA 92648 DIXXMFXMNEXXWEMKXI[*Nxm=xxmKXXT&xxgmrNxxDN
AUTHORIZE DR ATIVE
�'�✓61''?i
1L'ft{I it1Pi711'#'R1N9#18.:
Kalban, Inc.
Policy No. WCC156485055 Effective 7/1/98 to 7/1/99
WORKERS COMPENSATION AND EMPLOYERS LIABNUTY INSURANCE WC 252
(4 94)
WC 04 03 06 (Ed. 4S4)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—
CALIFORNIA
This endorsement changes the policy to which It is attached effective on the inception date.of the policy unless a
different date is indicated below.
Ma following "anaching clause' need be cai4Vemd only when this endorsement Is Issued subsequent to preparation of the policy.)
This endorsement. effective on 11 / 19 / 98 M at 12:01 A.M. standard time, forms a part of
MA
Policy No. WCC156485055 Endorsement No_
of the
WAME OF INSURANCE COMPMM
issued to Transportation Insurance Co.
Premium Of any) $
Authorf rssentative
We have the right to recover our payments from anyone liable for an injury covered by this polity. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies. only to the extent that
you perform work under a written contract that requires you to obtain .this agreement from us.i
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described In the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
otherwise due on such remuneration.
Person or Organl:adon
City of Huntington Beach
Schedule
Job Description
1
I
Kalban, Inc:
Effective 5/1/98- 5/1/99
POLICY NUMEE=: C01044919911 COS MERC!AL GENERAL UASIL!T{
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR. EFULLY.
ADDITIONAL INSURED -- OWNERS., LESSEES OR'
CONTRACTORS (FORD I3) :
This eRCcrser: ent :T.ccliias :nsUrance prcvided Under the ?oflcw'in '
COMMERCIAL GENERAL L!AclLi i ! COVERAGE PAPT
SCHEIJULE _
Name of Person or Organization:
The City of Huntington Beach, its officers & Employees
(if no entry aceears above_ infcr-na=_ien reouit-d t
-o ccmeie�e this endorszrnent will be shown in the Gec!aiaticns
as acpiic2ble to this e-ndcrsernent.) .
WHO IS AN INSURED (Sec icn II) is amended to induce as an insured ;he person or crgariization shown in the
Sche i le, but only with respect tc liat:iiity arising cut.of "your work" fcr that insured by or for you_
r The insurance afforded to the Additional Insured is primary insu-ranee. If
` the Additional Insured has other insurance which is applicable to the foss
on an excess or contigent basis, the amount of the Company's liability
under this policy. shall not be reduced by the existence of such"=v he
insurance.
'CG 20 10 1185 CoevriphI Intv!rnnro tA. nrs:, +.... InOA
KALBAN,—INC. 8185041067 P.02
pEp� T 1LiL11'•Tu { 1�1� P.O Sna 94411
CrpmlO, CAA 44141.0230 II
SOOn
Phene: (916) 4454010
�etilTa rcre r� of �$ttttcl
I
STATEMENT BY DOMESTIC STOCK CORPORATION
THIS SSAIEMENT MUST BE FILED WI1H CALIFORNIA SECRETARY F STALE (SEC. 1502, CORPORATIONS C000
i
t
A 55 FII..ING FEE MUST ACCOMPA Y THIS STATEMENT.
WHEN COMPLETING FORM, PLEASE USE BLACK T PEWRIIER RIBBON OR BLACK INK
f
IMPORTANT - Please Read Instruct{ ns On Back Of Form
t. .
C1397TAS DUE DATE 01-3 -95 10371S
KALBAN► INC. j
13700 NORRIS AVE"
SYLHART CA 91342
DO NOT AL19A PREPRINTED NAMIS. 1T' ITEM NO 1 IS OLAI`4.l. rLEA.SE ENTER CORPOPAIE NAME IN L DO NOT WRITE IN TH
S SPA!
THE CALIFORNIA CORPORATION
NAMED HEREIN, MAKES THE FOLLOWING STATEMENT
2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICES
ROOM NO
2A. CITY AND STATC
2T
ZIP C'
3. STREET A90RESS OF PRINCIPAL BUSINESS OFFICE IN CALIForti,
fA
ROOM NO
3A. Coll
3
EIP CI.
fig ANYI
CA
al. MAIL(NO ADDRESS
ROOM NO.
J 4A. CITY AND STATE
4
LIP c.
THE NAMES OF THE FOLLOWING OFFIC
Code Iequlres 3 officer
RS ARE: (Sec. 312, Corps.)
s. CHIEF EXECUTIVE OFFICER
5A. 5TREZT AODR
SS ISEE REVERSE SimEiB.
Corations
CITY AMC) STATE
S 11D 4:'
Miron Kalebjian
13700 Norrl's
Ave
Sylmar, Ca.
91342
0. SECRETARY
6A. STREET ADOR
SS (SEE REVERSE SIDED
68. CITY AND STATE
6 i1P C
Miron Kalebjian
13700 Norris
Ave.
Sylmar, Ca.
91yy..342
7. CHIEF FINANCIAL OFS:CER
7A. ;)TREEr ADOR
SS (SEE REVERSE SICEI
78. CITY AND STATE
%1.. LIP C..-
Judy Kalebjian 113700
Norrl's
Ave.
Sylmar, Ca.
191342
INCUMBENT DIRECTORS, INCLUDING DIREC
ORS WHO ARE ALSO OFFICERS (Aticch supplemental lisl it necess
ry)
8. NAME
$A. stmeei ADOR
9S ISEE REVERSE 9100
138, CITY AND STATE
13,11
. tip C.
9. NAME ~'µ $A. STREET ^ADOR
SS ISEE REVERSE SIOEI I 98. CITY AND STATE Y� 9C•
alp C.
10. NAME ~W� 10A. 97RtMT AObR
99 ISE'! AEVEIISE 9-DEt T09. Ci1'Y ANO STATE 10C,
TIP c
1 1. THE NUMBER OF VACANCIES ON THE BOARD Of
TORS -IF ANY:
DESIGNATED AGENT FOR SERVI
.F OF PROCESS ( Iy one agent may be nomad)
12, NAM9
ro Min Kalebjian
13. CALIFORNIA STREEr ADDIIE9S I/ AGENT IS AN .NDIVIOVAL. 400!N0T
USE P.O. BOXI OO NOT INCLUDE DDRESS IF AGENT 19 A CORPORATION.
_
14. maec RISE Typo OF 111V91NESS OF THE CORPORATION NAMED I
ITEM 1.
1 S. I DECLARE THAT I HAVE EXAMINEO THIS STATEMENT AN T E BEST OP Y N wLE a ANP BELIEF. IT IS TRUE CORRECT AND COMPLETE.
Judy Kale_bjyian Treasurer 11-8194
TYPE OR PRINT NAME OF SIONINO OFFICER __ OR AGENT _ SIGNATURE TITLE OATS
_
,
19. 1 DECLARE THERE WAS BEEN NO CMANCIC IN THE IWFORMAII
SECRETARY OF ST�TE'9 OEFICE. DOE3�r��.APPLT 0-4 �NIr1Al PSLIN_.
CONTA:1410 IN THE LAST STATEMENT OF THE COMPOPATEON ww'CH is ON FILE IN
ME
READ INSTRUCTIONS BEFORE COMPLETINQ THIS IT
~�
M
ICHECK HEREI .TYPE OR PRINI NAME OP SIGNING OLi10EP OR
AGENT SIGMA rung T4TLE�µ CIATE
50-200 N/C (REV. 5l44)
I have received Bid Bond, First National Surety for Kalban, Inc.;Contract Bond
No. 5954810 California Faithful Performance Public Work, First National Surety for
Kalban, Inc.; and Contract Bond No. 5954810 California Faithful Performance Bond for
Kalban, Inc.
Re: MSC-398 — Repair/Replacement Of Street Improvements
Dated:
By.
r..
FIRl1'NAT4ALINSURANCECO.O MERICA
4333 &ooldya Avenue N.S.
Sud*,WA98105 1 EXECUTED IN TWO COUNTERPARTS
CONTRACT BOND — CAUFORMA
FAITHFUL PERFORMANCE —
PUBUC WORK
KNOW ALL BY 'THESE PRESENTS, That Kalban, Inc.
ftnd 5954810
Initial premium dwpd for this bond Is
$3,576.00 subject to
adjustment upon oempletion of eantnet
d appliable ratite on final tonlreat prig.
of 10950 Tu rd Street #16. Sun Valle CA 91352 as Prinoipal,
the FI NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws
of the State of Washington and authorized to transact surety businew in the State of California, as Surety, are held and
firmly bound unto City of Huntington Beach
FT
for the payment whereof, well and truly to be made, said Principal and Surety bind
successors and assigns, jointly and soverally, firmly by thews presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has
entered into a Contract, dated , 19 � , with the City of Huntington Beach
Stateof California
County of .T as AnQP_1 P-S
NOV 2 3 1998
(DATE)
before me, Bonnie Lane, Notary Public
)NAME. TITLE OF OFFICER I E . -JANE DOE. NOTARY PUBLIC-)
personally appeared Miron Kalebjian, President of KALBAN, INC.
(NAME(S) OF SIGNER(S))
R personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sub-
scribed 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
a Q'a :=>9 !05609
z O his/her/their signature(s) on the instrument the
y`. Nc;cypLtic_�, person(s), or the entity upon behalf of which the
`?7 LceArVekAC Lrdy person(s) acted, executed the instrument.
nt, Corrdn. `n j u9•20q ) Witness hand and official seal.
(SEAL) ISIGNArURE OF NOTARY)
W
m
0
0
CAPACITY CLAIMED BY SIGNER(S)
U INDIVIDUAL(S)
lX CORPORATE 12resec .._
OFFICER(S)
Cl PARTNER(S) (TITLEIS))
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
INAME OF PEnSONIS) OR ENTITYIIES))
- !095ri TUXFQPjr;..`
SUN
t,ATTENTION NOTARY: The information requested below is OPTIONAL. It could. however. prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Date of Document
wntcBnS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACIrYrREPRESENTATIOtt/FINGERPRINT—Re, '2 92 a 1332 WOLCOnS FORMS
r..�.j' �l)ff77QQ 1 •MMw+tld�.. arwwtiarraJ.r.W:f
FIRST NATIONAL INSURANCECO. OF AMERICA
4333 &ooldyn Avenue N.E.
Sesttle,WA98105 EXECUTED IN TWO COUNTERPARTS
CONTRACT BOND — CALIFORNIA
FAITHFUL PERFORMANCE —
PUBLIC WORK
KNOW ALL BY THESE PRESENTS, That Kalban, Inc.
f nd 5954810
Initial prmlum dmrpd for this bond Is
$3,576.00 subject to
adjustment upon aomplotlon of contrast
at spplteable rate an final tmntraet prig.
Of 10950 Tu rd Street #16 Sun Valle CA 91352 as Principal,
and the FIRST NATIONALINSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws
of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and
firmly bound unto City of Huntington Beach
r-I T_1
for the payment whereof, well UW truly to bs made, said Principal and Suraty bind
successors and assigns, jointly and severally, firmly by them presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above-bouaden Principal has
entered into a Contract, dated , 19 , with the City of Huntington Beach
to do end perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
NOW, THEREFORE, If the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this
obligation shall be void; otherwise to remain In full force end effect.
PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the
date of substantial oompletion of the work to be performed under the Contract.
Signed and sealed this 20th day of Novembt
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
M.
3-38WP 7/04 PR.'NTZp 1N U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998 before me, Mark E. Shreckengast, Notary Public
Date Name and Titre of Officer (e.g., -Jane Doe. Notary Public")
personally appeared Candy M. Coons
Name(s) of Signer(s)
�ee.ee.erieeeeeeeeeeeeseeseooeee000es�-
• MARK E. SHRECKENGAST
q COMM. #1106666 k
S NNOTARY PUBLIC - CALIFORN:A S
2 LOS ANGELES COUNTY 2
a My Comm. Expires July 24, 2000 e
eeeeeeseeeeeeeeseseeeseesssesoeeseeae
Place Notary Seal Above
OPTi
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
xpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(* is/am
subscribed to the within instrument and
acknowledged to me that tPe/she/" executed
the same in A)4s/her/ix authorized
capacity(xe*, and that by iais/her/ter
signature(sj on the instrument the personas), or
the entity upon behalf of which the person(s)
acted, executed the instrumeej2.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual � ell °
Top of thumb here
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
I& Attorney in Fact
01 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827
Tiprii::41�R 1' • i II,;Ij , W. Ii1:
FIRST NATIONALINWRANCECO. OF AMERICA
4333 Wooklyn Avenue NA EXECUTED IN TWO COUNTERPARTS
3"We,WA 911aS
Bond 5954810
CONTRACT BOND - CALIFORNIA
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
and the FIRFr —NATIONAL INSURANCZ COMPANY O AMERICA, a corporation organised and existing under the laws
of the State of Washington and authorised to transact surety bueiaess in the State of California, as Surety, are held and
firmly bound unto City of Huntington Beach
in W ao Obliges,
aim of Three Hundred irty- ne Thousand Seventy -Eight an 100----
for rw paytpent whereof, well and truly to be made, said Pri—ricipal and Surety bind
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREOOINO OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has
entered into a contract, dated _ day of , 19 , with the Obligee to do
and perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
Stateof California
County of Los Ange le s
<5-1
<,
On J before me, Bonnie Lane, Notary Public
(DATE) (NAME. TITLE OF OFFICER I E . 'JANE DOE. NOTARY PUBLIC')
personally appeared Miron Kalebj ian, President of KALBAN, INC
(NAME(S) OF SIGNER1S11
Ci personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged
y , to me that he/she/they executed the same in
BOHM- LAW
.> his/her/their authorized capacity(ies), and that by
carr ttcalon0110MMIf his/her/their signature(s) on the instrument the
NotcayPubec—Ceffaff n person(s), or the entity upon behalf of which the
I a llrQesee Cotatfy
`tl MyCerrxn t >at M persons) cted, executed the instrument.
_ Y,a Witness y hand and official seal.
1
(SEAL) (SIGNATURE OF NOTARY)
:ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
W
_
m
0
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL(S)
KI CORPORATE Prpc;&F;Pc _
OFFICERS)
❑
PARTNER(S) (TITLE(SI)
❑
ATTORNEY IN FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
(TAME OF PERSON(S) OR ENTITY(IESI)
r -
this certificate to any unauthorized document
Date of Document
'OLCOTTS FORM 53240—ALL PURPOSE ACIWOWLEOGMENT WITH SIGFER CAPACITY/REPRESEFITATION/FINGERPRIrTT—Rey 12 92 r tool wrn rnne matte n
FIRSTNATIO ANCECO.OFAMERICA
4333 DmIdys Aveaue 1N.8. EXECUTED IN TWO COUNTERPARTS
leattle,WA 91105
CONTRACT BOND - OALIFORNIA 8011d 5954810
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
and the NATIONAL INSUitANCE COMPANY A, a corporation organized and existing under the laws
of the State of Washington and authorised to transact surety business In the State of California, as Surety, are held and
tirmly bound unto City of Huntington Beach
In
as Obligee,
sum of T ee Hundred T u�tv- ne Thousand Seventv- iQ t an 3 100----
v•/W9 \� alv � �
for the payment Whereof, well truly to be made, acid Principal and Surety bind themselves, the heirs, administrator,
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 contrast, dated day of , 19 , with the Obligee to do
and perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
NOW, THEREFORE, it the above -bounden Principal or hio►ber 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 under the Contract, or any amounts required to be deducted, withheld and paid over to the
Franchise Tax Board from the wages of employees of the Principal or histher oubcontractora pursuant to Section 188M16 of the
Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding
the amount specified is this bond, and also, In case suit Is brought upon this bond, a reasonable attorneys fee, to be fixed by
Go court.
This bond shall inure to the baaefIt 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 thin bond.
Signed, sealed and dated this 20th di
No premium is charged for this bond. It is executed
In oonnection with a bond for the performance of the
mtrect.
FIRSP,.NATIONAL INSURANCE COMPANY OF AMERICA
BY l (t'YL
Candy M.
8-344WEP 7104 PRINTao IN
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998 before me, Mark E. Shreckengast, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe. Nc;an r Public")
personally appeared Candy M. Coons
Name(s) of Signer(s)
000+•e000•00000e00000000000000s•+oea9
MARK E. SHRECKENGAS T
R COMM. #1106666 R
S ® NOTARY PUBLIC - CALIFORNIA S
2 LOS ANGELES COUNTY 2
o My Comm. Expires July 24, 2000 +
e e
oo+•osoo••000e000000+000+eeooeo+eoeea
Place Notary Seal Above
x personally known to me
iL proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(* is/am
subscribed to the within instrument and
acknowledged to me thatU/she/#Gel executed
the same in A)4s/her6thai:r, authorized
capacity4e*, and that by i6s/her4er
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrumen_t.
WITNESS my hapd and oWl s
of
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying
and could prevent fraudulent removal and reattachment of this form to another doc
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
document
❑ Individual '''''"'I"�
Tcp of thumb he. I
Corporate Officer — Title(s): i
El Partner — L Limited ❑ General
Attorney in Fact
❑ Trustee
Guardian or Conservator
u Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402
Prod. No. 5907 Reorcer. Call Tall -Free 1.800-876-6827
jL
4333 Brooklyn Avenue N.E EXECUTED IN TWO COUNTERPARTS
Smaac, R%A 98105
MAINTENANCE BOND Bond 5954810
&NOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
a corporation organized under the laws of the State of Washington
and duly authorized to do basincss in
the State of
,as Surety, areheldand firmly bound unto City of Huntington Beach
as Obligee, in the penal. sum of Three Hundred Thirty -One Thousand Seventy -Eight and 43/ 100----
(S 331, 078.43 )
to which payment well anal truly to be made we do bind ourselves, our and each of our hcirs, executors, administrators, successors
and assigns jointly and severally. firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
Stateof California
COuntyof T.na Angeles
On ,, 0 fern
i'; Ci ,, F. 3
(DATE)
s
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i
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0
2
CAPACITY -CLAIMED BY SIGNER(S)
(J INDIVIDUAL(S)
tX CORPORATE P_r_e_!j&Sec._
OFFICER(S) _
❑ PARTNER(S) (TITLE(S))
impersonally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S)
scribed to the within instrument and acknowledged n GUARDIAN/CONSERVATOR
- - to me that he/she/they executed the same in ❑ OTHER:
- -- {; _
his/her/their authorized capacity(ies), and that by
t'QyT) his/her/their signature(s) on the instrument the
-4wo T person(s), entity P SIGNER IS REPRESENTING:
s erson s or the enti upon behalf of which the
,� lr>t /v1pslTae Coa�tftj
` ;1 myc0R1� y �o person(s) acted, executed the instrument. (NAME OF PEnsoms) on ENTITYIIES)i
- -,� Witness m hand and official seal.
(SEAL) (SIGITATUnE OF NOTARY) - — - --- —
i1rrENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
f THIS CERTIFICATE Title or Type of Document
{ MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
before me, Bonnie Lane, NotaryPublic
,_-
(NAME. TITLE OF OFFICEn I E . -JANE DOE. NOTARY PUBLIC-)
personally appeared Miron Kalebjian, President of KALBAN, INC.
INAME(S) OF SIGNER(SI)
0.COTTS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYTREPRESENTATIONiFINGERPRI!7F—Rev 12 92 a 1992 WOLCOnS TORMS PIC
1 • •
4333Brooklyn Avenue N.E• EXECUTED IN TWO COUNTERPARTS
Scathe, Wt1 98105
MAINTENANCE BOND Bond 5954810
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
a corporation organized under the laws of the State of Washington and duty authorized to do business in
the State of
as Obligee, in the penal. sum of
as Surety, are held and firm}ybound unto City of Huntington Beach
Three Hundred Thirty —One Thousand Seventy —Eight and 43/100----
(r 331,078.43 )
to Which payment well. anal truly to be made we do bind ourselves, out and each of our heirs, executors, administrators, successors
and assigns jointly and severally, firmly b, these presents.
WHEREAS, the said Principal entered into a Contract with the
City of Huntington Beach dated
for
Reconstruction and Improvements of Various City Streets (MSC-398)
WHEREAS, said Contract has been completed, and was appraved on
day of
NOW, THEREFORE, THE CONDiTlON OF THIS OBLIGATION 1S SUCH', That if the Principal shall guarantee that the work
will be five of any defective materials or workmanship which became alrparertt during the period of
one (1) year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in
full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by th-
Principal or Manufach= only, and the Surety assumes no liability for such a gtrumtee.
Signed and scaled Qris 20 th
day of November r 19
Kalban,A/
(Scat)
(Seal)
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
B9
AM d I L M - Cir(A-0-
Candy M. ons Attomcy-in-Fav'
431PNEP 2/93
0 Rcgi:laed Ifadcmartt of SAPECU CorpoMlcn.
POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA
► • • 4333 BROOKLYN AVE NE
'FIRSATTORNEY SEATTLE, WASHINGTON 98105
4333 Brooklyn Avenue N.E.
Seattle, WA 98105 No. 9747
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does herebx af�oint
************************CANDY M. COONS; Los Angeles, California****** * *********************
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL
INSURANCE. COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at
its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 03 day of August , 19 98
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of
the By -Laws and of .a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 20th day of November
1998
S-1049/EP 11/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998, before me, Mark E. Shreckengast, Notary Public
Date Narne and Title of Officer (e.g., 'Jane Doe. Notary Public")
personally appeared Candy M. Coons
Names) of Signer(s)
xpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(* is/am
ee.eee...eeeeeee.eee....ee..e..o••�;: subscribed to the within instrument and
MARK E. SHRECKENGAST c acknowledged to me thate/sheit executed
R COMM. #1106666 Ft the same in A)is/her x authorized
S NOTARY PUBLIC - CALIFORNIA s
2 LOS ANGELES COUNTY 2 capacity�e*, and that by Jais/heftlek
a My Comm. Expires July24,2000 signature(s) on the instrument the personas), or
eesee••eeeeeeeo•ooeeooesoeeeoeeseoee�
the entity upon behalf of which the person(t)
acted, executed the instrument.
WITNESS my Ind and
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyingVne document
and could prevent fraudulent removal and reattachment of this form to another doct.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
E-.Individual '
Top of thumb here
❑ Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
Attorney in Fact
C Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876.6827
(.. i
FIRST NATIONAL INSURANCECO. 0 MERICA
4333IkooldyaAveaueNZ EXECUTED IN TWO COUNTERPARTS
Seagis, WA 98105
CONTRACT BOND — CAUFORNIA
FAITHFUL PERFORMANCE
PUBLIC WORK
Band 5954810
Initial prefnlum eharysd for this bond to
$3,576.00 subjw to
adjustment open oompletlen of oontraet
at awteable rate on final COMraet prig.
KNOW ALL BY 'THESE PRESENTS, 11at Kalban, Inc.
of 10950 Tu rd Street #16. Sun Valle CA 91352wA as Prinoipal,
the FIRST NATIONAL S ANCE COMFANY OF AMERICA, a corporation otgoniked and existing under the laws
of the State of Wasbington and authorized to transact surety business in the State of California, as Surety, are held and
fimly board unto Ci!�:, of Huntington Beach _
In the rim of T ee un ed Thirty -One T ousan Seventy -Eight an 100----
lars S $331,018643 ),
for the payment whereof, well and truly to be made, saW Principal Surety bind themselves, their heirs, adminlu'U*toro,
mmossms and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOii£0OI%9$ffj IS SUCH, That WHEREAS, the above -bounden Principal has
antered into a Contract, datod , 19 , witb the City of Huntington Beach
to do and perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
State of California
!�Ountyof T.ng Anrfpl PS
NOV 2 3 ;998
�n before me, Bonnie Lane, Notary Public
(DATE) (NAME. TITLE OF OFFICER . I E . "JANE OOE. NOTARY PUBLIC-)
personally appeared -Miron Kalebjian, President of KALBAN, INC
tNAME(S) OF SIGNER(SI)
($ personally known tome -OR- O proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are sub-
scribed 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
� 11Cb609 � his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
LC3Arm*"Carr; person(s) acted, executed the instrument.
:'r' Witness y hand and official seal.
(SEAL) (SIGNATURE OF NOTARY)
CAPACITY CLAIMED BY SIGNER(S)
I_J INDIVIDUAL(S)
tX CORPORATEPres&Sec.
OFFICER(S)
❑ PARTNER(S) ITITLEISII
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
171 GUARDIAN/CONSERVATOR
fJ OTHER:
SIGNER IS REPRESENTING:
INAME OF PERSONISI OR ENTITYITESII
10950 "T0X
SUN VALLEY, CA% 6'1 S.
NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document
I SVIER
'2 92
c I192 'AOLCOTTS FOP61S
YVE
FIRST NATIONAL INSURANCECO. OF AMERICA
4333arooldysAveaueN.E. EXECUTED IN TWO COUNTERPARTS
SsaWe,WA 911I05
CONTRACT BOND — CAUFORNIA
FAITHFUL PERFORMANCE -
PUBLIC WORK
KNOW ALL BY THESE PRESENTS, T%at Kalban, Inc.
Bond 5954810
Initial pratnium dwpad far this bond Is
$3,576.00 subject to
adjUrtnteM upon complotlon of contract
at aWkabla rate on final contract pries.
Of 10950 Tu rd Street #16. Sun Valle CA 91352 as Principal,
and the FIRST NATIONALINSURANCE COMPANY OP A ERICA, a corporation organized and existing under the taws
of the State of Washington and authorised to transact surety busine= in the State of California, as Surety, are hold and
firmly board unto City of Huntington Beach
sum
for the payment whereof, well and truly to be made, sold rincipa Surety bind
successors and assigns, jointly and severally, firmly by thus presents.
THE CONDITION OF THE FOREOOI%?E ff A, IS SUCH, That WHEREAS, the above -bounden Principal has
entered into a Contract, dated . I���3 , 19 _ , with the City of Huntington Beach
to do and perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this
obligatim shall be void; otherwise to romain to full force *ad effect.
PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the
date of substantial comptstioa of the work to be performed under the Contract.
Signed and sealed this 20th day of Novemb(
1}.%�'W_
r
FIRST,NATIONAL INSURANCE COMPANY OF AMERICA
By l e
Candy M.
304MEP 7l24 FRINYW IN U.S.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998, before me, `lark E. Shreckengast, Notary Public
Date Name ara Title of Officer (e.g., -Jane Doe, Notary Public")
personally appeared Candy M. Coons
0000000asoaooara����e�o�•raosoa000ro��.:.
..... MARK E. SHRECKENGP.ST,
R
COMM. #1106666 ;
S NOTARY PUBLIC • CALIFORNiA
2 LOS ANGELES COUNTY 2
°o My Comm. Expires July 24, 2000
0000sassosoosoeaeooe0000aesoouooaaa�
Place Notary Seal Above
Name(s) of Signer(s)
x personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose nameW is/ate
subscribed to the within instrument and
acknowledged to me that3;e/she/tom executed
the same in A)as/her&bmix authorized
capacityoas), and that by iais/her/thek
signature( on the instrument the persons), or
the entity upon behalf of which the person(%)
acted, executed the instrument.
WITNESS my hgod andr6Ffjc`ial
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relh
and could prevent fraudulent removal and reattachment of this form to another
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
11 Individual
Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
& Attorney in Fact
Ei Trustee
El Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
the document
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cr'atsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876.6827
Ik�t'Y.Ii�i}��I••• ' 1 iW.
p)RSTNAT)O , s ANCECO.OfAMP-Rlr-A
4333Nroo)dyaAvenue NZ EXECUTED IN TWO COUNTERPARTS
SeRoo WA31105
Bond 5954810
OONTRACT BOND - OALIFORNIA
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
and the AT10N COMPANY OF AMENIQA, a oorporit""m wlnw' -.... --- - •
of the Stag of Washington and authorized to trsasaat surety buaiaesa in the State of California, as Surety, are hold and
firmly bound unto City of Huntington Beach
art Ob ",
in the Sum 01 1nrou rluuwcu ,..,.y --- - DOIlam (S 3ji,uia.41 i,
for Ube payment W f, Well and truly to ;mad
e, aid molpel and Surety bind tbemma vas, their be�ra, ministratora,
aacceetaeors and arsigns, jointly and orwally, firmly by tl►eso Preoenttt,
THE CONDITION OF THE FOR day
OBLIGATION I5�$j,I,C,i 1998 HEREAS, ,th9 abov , with the Oblligon to do
entered into a contract, dated y tV�UU UU
and perform the following work, to-wlt: Reconstruction and Improvements of Various City Streets (MSC-398)
State of California
County of
NOV ZI
On before me, Bonnie Lane, Notary_ Public___
(DATE) (NAME, TITLE OF OFFICER I E .'JANE DOE. NOTARY PU8UC'I
personally appeared Miron Kalebjian, President of KALBAN, INC.
(NAMEIS) OF SIGNERIS))
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose names) is/are sub-
scribed 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
<�BOWE
1 his/her/their signature(s) on the instrument the
> Caere 1105609 f, person(s), or the entity upon behalf of which the
� f ►c—caftmia f person(s) acted, executed the instrument.
Witness y hand and official seal.
Q (SEAL) (SIGNATURE OF NOTAMI
ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
CAPACITY CLAIMED BY SIGNER(S)
IJ INDIVIDUAL(S)
IX CORPORATEPres&Sec._
OFFICER(S) ,
❑ PARTNER(S) tT)T�EIsi)~
O ATTORNEY IN FACT
G TRUSTEE(S)
F1 GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
(NAME OF PEnSON(S) OR ENTITY)IESII
KALBAN, INC.
10950 TUX,FOPD 8 TI, #16
SUN A _.tz r , A 91 I' . _.
this certificate to any unauthorized document
Date of Document
vt.I�ul 15 FOHM 63z40—All PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACIT,YIREPRESENTATIOIIJT41GERPRINT _Rey 12.92 t 1992 wolCOTTS TCRtiIS
jj,���;,jji I I•i� .'I'i•�,
iI�1���:i:iif
FIRST NATIONAL 3 URANCECO.OF AMERICA
4333 flrooklys Avenue N.B. EXECUTED IN TWO COUNTERPARTS
X+VJ*r W A 95105
Bond 5954810
CONTRACT BOND - CALIFORNIA
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
and the FIRST NATIONAL INSURANCE COMPANY OF AMERMA, a corporation organized and existing under the laws
of the State of Washington and authorized to transact surety business In the State of California, as Surety, are hold and
firmly bound unto City of Huntington Beach
, as Obliges,
in the sum of Three Hundred Thirty -One Thousand -Seventy-Eight an 3 100----
for the payment whereof, well sad truly to be made, said Principal and Surety bind
succeswors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS 1C at WHEREAS, the above -bounden Principal bas
entered into a contract, dated day of �v ? 1998 , 19 , with the Obligee to do
and perform the following work, to -wit: Reconstruction and Improvements of Various City Streets (MSC-398)
NOW, THEREFORE, It the above -bounden Principal or his►her 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 under the Contract, or any amounts required to be deducted, withheld and paid over .to the
Franchise Tax Board from the wages of employees of the Principal or hi&Ur subcontractors pursuant to Section 18i1 6 of the
Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding
the amount specified to 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 shalt inure 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 20th di
A-'l ill.; u k.J) AS TO FORM:'
GAII, FTUTTON
CITY afQRNZY
By: 1
No premium is charged for itds'ond. It is executed
In oonnaction with a bond for the perfornsanoe of the
contract.
FIRST,NATIONAL INSURANCE COMPANY OF AMERICA
By1 (, JY
Candy M.
7114 PRiNT10 M u.8.A.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998 before me, Mark E. Shreckengast, Notary Public
Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public')
personally appeared Candy M. Coons
Name(s) of Signer(s)
eeoeeoeeeeeeeeeeeeeeeeeoeeeeeeeoe••�
%My
ARK E. SNRECKENGAST
R
COMM. #1106666 R
SNOTARY PUBLIC • CALIFORNIA S
2LOS ANGELES COUNTY 2
Comm. Expires July 24, 2000
eaoesaeeeeeesee•esos••eo•eeoeoee•eeae
Place Notary Seal Above
x personally known to me
= proved to me on the basis of satisfactory
evidence
to be the person(s) whose nameW is/we
subscribed to the within instrument and
acknowledged to me that/she/tom executed
the same in A)Wherhdmdx authorized
capacity01*, and that by bisllher/thek
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrumey>,t,
WITNESS my hard and
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyi n the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Top of thumb here
Corporate Officer — Title(s):
I:- Partner — ❑ Limited ❑ General
A- Attorney in Fact
❑ Trustee
C Guardian or Conservator
Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876-6827
4333 Brooklyn Avenue N.E. EXECUTED IN TWO COUNTERPARTS
Sc%tllc. W11L 99105
MAINTENANCE BOND
KNOW ALL BY TBESE PRESENTS, That we,
Kalban, Inc.
Bond 5954810
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA ,
a corporation organized under the laws of the State of Washington and duty authorized to do business in
the State of
, as Surety, are held and EnTily bound urito City of Huntington Beach
as Obligee, inthepenal. strm of Three Hundred Thirty —One Thousand Seventy —Eight and 43/ 100----
(S 331,078.43 }
to which payment well atT.d truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors
and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
City of HuntinQt.r,n Road,
Stateof California
COuntyof .T.OS Angel E3s
On
AIP1(r n ^
before me, Bonnie Lane, Notary Public
(NAME. TITLE OF OFFICER . I E . -JANE DOE. NOTAnr PUBLIC-)
personally appeared Miron Kalebjian, President of KALBAN,^INC.
(NAME(S) OF SIGNER(SI)
NOV9- 3 1998
(DATE)
I�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 sub-
scribed 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
aOn91106509J his/her/their signature(s) on the instrument the
h:c;cayPl�bYc—Cdpb,rda ; person(s), or the entity upon behalf of which the
Lee Arg"ClD *�=-.
person(s) acted, executed the instrument.
MYcc" bow 49WitnesLmhhand and official seal
IV W RP No
1 (SEAL) (SIGNATURE OF N01ARr�
s
W
m
U.
CL
CAPACITY CLAIMED BY SIGNER(S)
IJ INDIVIDUAL(S)
tX CORPORATE)?�re
OFFICER(S)
❑ PARTNER(S) (TNLE(SS11
• ATTORNEY IN FACT
O TRUSTEE(S)
Cl GUARDIAN/CONSERVATOR
t:j OTHER: _
SIGNER IS REPRESENTING:
(NAME OF PEnSON(S) On €NT)TYIIESI)
Q9J0 I UY," ti t; " °
NTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above _
NOLCOnS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPICIT,YIREPRESENTATION/FINGERPP.INT—Atv 12 92 c 1992'NOLCO"S fonk'S o
4333BrooklmAvenue N.E• EXECUTED IN TWO COUNTERPARTS
Scsttic, Wt1 98105
MAINTENANCE BOND
HOW ALL BY TRESS PRESENTS, Thit we,
Kalban, Inc.
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
Bond 5954810
a corporation organized under the laws of the State of Washington and duly authorized to do busiress in
the State of
,as Surety, areheldand firmlybound unto City of Huntington Beach
as Obligee, in the penal. sum of Three Hundred Thirty —One Thousand Seventy —Eight and 43/ 100----
(S 331,078.43 )
to which payment well. an.d truly to be made we do bind ourselves, our and each of our heirs, exc=ars, administrators, successors
and assigns jointly and severally,. firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
City of Huntington Beach
dated NOV 2 3 1998
for
Reconstruction and Improvements of Various City Streets (MSC-398)
WHEREAS, said Contract has been completed, and was agpraved on
day of - - , —
NOW, THEREFORE, THE CONDITION OF THUS OBLIGATION IS SUCH, ThaL if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during the period of
one (1) ycar(s) following completion of the Contract then this obligation shall be void, otherwise to remain in
full force and effect, provided however, any additional warranty or guarantee whether ea -pressed or implied is extended by the
Principal or Mmufact uer only, and the Surety assames no liability fvr such a guarantee.
Signed and scaled this 20 th
2195
day of
FIRST NATIONAL INSURANCE COMPANY OF AMER'iCA
J
Candy M Coons Attorney -in -Fact
0 Repistefed lmdcmark of SAFrCO CorperaUon.
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
KNOW ALL BY THESE PRESENTS:
POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA
ATTORNEY 4333 BROOKLYN AVE NE
SEATTLE, WASHINGTON 98105
No. 9747
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
************************CANDY M. COONS; Los Angeles, California****** * *********************
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL
INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at
its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this
03
CERTIFICATE
day of August , 19 98
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS .. . the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of
the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 20th day of November , 19 98
5-1049/EP 11/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 20, 1998, before me, Mark E. Shreckengast, Notary Public
Date Name and Title of Officer (e.g.. -Jane Doe. Notary Public')
personally appeared Candy M. Coons
Name(s) of Signer(s)
xpersonally known to me
I= proved to me on the basis of satisfactory
evidence
000eoe•eoeoee0000•000e000000soeeoe•m:
4 MARK E. SHRECKENGAST
R COMM. #1106666 F
s "� NOTARY PUBLIC - CALIFORNIA s
20 LOS ANGELES COUNTY 2
• My COMM. Expires July 24, 2000 0
ioe•••eeeeeeeeoe••oeeeee•oeoeeoeoeeee
Place Notary Seal Above
to be the person(s) whose name(* islwa e
subscribed to the within instrument and
acknowledged to me that/she/ executed
the same in A)ia/herhtbmrx authorized
capacity(xe*, and that by kis/her/thak
signature(s) on the instrument the person6s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hid and
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relyin n the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
r Individual Tcp of thumb here
;1 Corporate Officer — Title(s):
Partner — i Limited - General
Attorney in Fact
E. Trustee
77 Guardian or Conservator
L Other:
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876-6827
DEC-04-1998 17:07 CITY OF HUfJTIHGTON BEACH
714 374 1590 - P.01
To
FAX No.
From
Re
Office of the City Attorney
City of Huntington Beach
2000 Main St., 4th Floor
Huntington Beach, CA 92648
Tel. (714). 536-5555
Fax No, (714) 374-1590
FAX TRANSMISSION
Date: / 2,110 %5 k
-1�q 6,
r-65ya.
Number of pages attached f
If you. do not receive all these pages, please telephone us.
Sender's name: Sender's telephone: (714)
Original to follow? Yes El Noksb
Comments PJM
�- —-_
A { i _ _ A f I I r. y . l,/ t � 1. , r,
�iI•I l-S
CONFIDENTIALITY NOTICE
This transmission is intended only for the use of the addressee and may
contain information that is privileged and Confidential. If you receive this
transmission in error, please notify us immediately by telephone and mail the -
original documents back to. us. Thank you.
REASON (Why is this RCA being submitted late?):
S e c4 4-e C
G c6cu,,YAekrk W S e(q rec.
`ice ,P- MPKA
EXPLANATION (Why is this RCA necessary to this agenda?):
,ram ' P ' c S e
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
Anzigr8ous CCAartMre NMi+6 + `
c4" ON k s-e
O-Approved C] Denied
Ray Silver
City Administrator
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
ACCEPT BIDS FOR REPAIR/REPLACEMENT OF STREET
IMPROVEMENTS MSC-398
COUNCIL MEETING DATE:
December 21, 1998
RCA ATTACHMENTS_. STATUS z
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 Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Attached
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Attached (Explain)
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM
r
COPIES TO:
TAMMY GENEIL
SCENARIO DRIVE IMPROVEMENTS
MSC-398
November 6, 1998, 10:00 AM
(Engineer's Estimate: $365,000)
BID LIST
:.. BIDDER'S NAME
RAWTOTAL
BIR AMOUNT
/ d
1. All American Asphalt
$
2. Carlson's Landscaping
$
3. Century Paving
$
4. Damon Construction
$
5. E. A. Mendoza Contracting
$
6. Excel Paving
$
7. GMC Engineering, Inc.
$
8. Hillcrest Contracting
$
9. Hillside Contractors, Inc.
10. Holland -Lowe Construction
$
11. Kalban, Inc.
$
07f ` 3
12. KAS Equipment & Rental, Inc.
$
13. Kovac, Inc.
$
14. Los Angeles Engineering, Inc.
$
15. NobestI Inc.
$Q(,/ IF-SWL"-
Page one of two
12108
r•
MSC-3 98
November 6, 1998, 10:00 AM
BID LIST
BIDDER'S
NAME
RANK
:TOTAL BID AMOUNT
. ....
16. Parker Engineering
$
17. Pavement Recycling
$
18. R. J. Noble Co.
$
19. Sequel Contractors, Inc.
$
20,. Silvia Construction
$�
21. Western Paving
$
22. c,,��
` TQR �/�%I(l�/'�Qt/l/YJ ' .
$
C✓�lo
•'
s
RECEIVED
CITY CLERK
CITY OF
HUNTINGTON BEACH. CA
M98 NOV -b A 07 01
RECEIVED
CITY CLERK
CITY OF
HUNTINGTON BEACH. CA
IN NOV - b A E4. 0 0
RECEIVED
CITY CLERIC
CITY OF
HUNTINGTON BEACH. CA
lg98 NOV - b A 9: S 9
SECTION A
NOTICE INVITING SEALED BIDS D p�
_ For the
RECONSTRUCTION AND IMPROVEMENT OF SCENARIO DR.
MSC 398
In the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF
HUNTINGTON BEACH, AS agency, invites sealed bids for the above
stated projects and will receive such bids in the Office of the City
Clerk, ;Second Floor, 2000 Main Street, Huntington Beach, California
92648, up to the hour of 10:00 a.m. on November 6, 1998. Bids will
be publicly open in the Council Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are
available from the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648, upon payment of a $25.00
nonrefundable fee if picked up, or payment of a $35.00 fee if mailed.
Any contract entered into pursuant to this notice will incorporate the
provisions of the State Labor Code. Pursuant to the provisions of the
Labor Code of the State of California, the minimum prevailing rate of
per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the
Director of Industrial Relations of the State of California, which are on
file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress
payments. The Contractor may substitute an escrow holder surety of
equal value to the retention in accordance with the provisions of the
California Government Code, Section 4590. The Contractor shall be
beneficial owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business
enterprises will be afforded full opportunity to submit bids in response
to this notice and will not be discriminated against on the basis of
race, color, national origin, ancestry, sex, or religion in any
consideration leading to the award of contract.
No bid shall be considered unless it is prepared on the approved
Proposal forms in conformance with the Instructions to Bidders. -
The bid must be accompanied by a certified check, cashier's check,
or bidder's bond made payable to the AGENCY for an amount no
less than 10% of the amount bid. The successful bidder shall be
licensed in accordance with provisions of the Business and
Professions Code and shall possess a State Contractor's License
Class at the time of the bid opening. The successful Contractor and
his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any
irregularity and to take all bids under advisement for a maximum
period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON
BEACH, CALIFORNIA, the 5th day of October 1998.
Attest:
Connie Brockway
CITY CLERK OF THE City of
Huntington Beach
FAX FROM:
J J
CONNIE BROCKWAY, CITY CLERK
CITY CLERK'S OFFICE
CITY OF HUNTINGTON BEACH
�:--
P O Box 19012000 Main Street
*
Huntington Beach, CA 92648
HUNTINGTON BEACH
(714) 536-5227
(714) 374-1557 FAX
Fax #: & 4 -5oci
Date: /(0 !& ? k
Number of
Pages (including cover page):
By:
I Deputy City Clerk
To:
INTERNET ADDRESS:
http://www.ci.huntington-beach.ca.us
OR
http://www.hbsurfcity.com/clerk
Phone:
Date:
Remarks: Urgent For your review Reply ASAP Please comment Per your request l
s (. 9?ALI
/a�
SECTION A 01A 9/?
NOTICE INVITING SEALED BIDS
_ For the =
RECONSTRUCTION AND IMPROVEMENT OF SCENARIO DR.
MSC 398
In the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF
HUNTINGTON BEACH, AS agency, invites sealed bids for the above
stated projects and will receive such bids in the Office of the City
Clerk, :Second Floor, 2000 Main Street, Huntington Beach, California
92648, up to the hour of 10:00 a.m. on November 6, 1998. Bids will
be publicly open in the Council Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are
available from the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648, upon payment of a $25.00
nonrefundable fee if picked up, or payment of a $35.00 fee if mailed.
Any contract entered into pursuant to this notice will incorporate the
provisions of the State Labor Code. Pursuant to the provisions of the
Labor Code of the State of California, the minimum prevailing rate of
per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the
Director of Industrial Relations of the State of California, which are on
file at the Office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress
payments. The Contractor may substitute an escrow holder surety of
equal value to the retention in accordance with the provisions of the
California Government Code, Section 4590. The Contractor shall be
beneficial owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business
enterprises will be afforded full opportunity to submit bids in response
to this notice and will not be discriminated against on the basis of
race, color, national origin, ancestry, sex, or religion in any
consideration leading to the award of contract.
No bid shall be considered unless it is prepared on the approved
Proposal forms in conformance with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check,
or bidder's bond made payable to the AGENCY for an amount no
less than 10% of the amount bid. The successful bidder shall be
licensed in accordance with provisions of the Business and
Professions Code and shall possess a State Contractor's License
Class at the time of the bid opening. The successful Contractor and
his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any
irregularity and to take all bids under advisement for a maximum
period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON
BEACH, CALIFORNIA, the 5th day of October 1998.
Attest:
Connie Brockway
CITY CLERK OF . THE City of
Huntington Beach
TRANSMISSION VERIFICATION REPORT
TIME : 10/16/199B 08:21
DATEJIME
10/16 08:20
FAX NO./NAME
96465008
DURATION
00:00:51
PAGE(S)
03
RESULT
OK
MODE
STANDARD
ECM
fl�7/� loe/ty - .D�r✓
Council Meeting D
vv-
C'ONF�iCT
R�:s�otN�e� oN ��eh�-ieia
SUBMITTED TO:
JV�REPARED
B TED BY:
U BY:
SUBJECT:
7a �:
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION GO � _n
iV p
00 = n f"n
HONORABLE AND CITY COUNCIL MEMBERSC,,�:
-0 >
RAY SILVER, CITY ADMINISTRATOR 07AI `-'
ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS
APPROVE REPAIR/REPLACEMENT OF STREET IMPROVEMENTS
— MSC 398
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Plans and Specifications for the repair/replacement of applicable public improvements along
Scenario Drive are complete and ready for competitive bidding.
Funding Source:
The 1998/1999 approved budget includes sufficient funds for this project in the Public Works
Measure M account.
Recommended Action:
Motion to:
1. Approve the Plans and Specifications, and authorize the Director of Public Works to
solicit construction bids.
2. Approve the attached Sample Construction Contract subject to award of contract to
lowest responsible bidder.
Alternative Action(s):
Deny approval of Recommended Actions and forego completion of petitioned work. 1
l
REQUEST FOR ACTION
MEETING DATE: October 5, 1998 DEPARTMENT ID NUMBER: PW98-30
Analysis:
Prior to the mid 1970's typical residential lots included a landscaped parkway between the
back of curb and the public sidewalk. Within, most of, these parkways are City owned and
maintained trees. Over the years, the trees have grown so large that the roots have raised
curbs, gutters, driveways and sidewalks. The damage to these public improvements has
created numerous health/safety hazards including standing water in the gutters and potential
tripping areas along portion of the sidewalks.
Property owners continue to request the repair/replacement of these public improvements;
however, it is not logical to honor these requests until the source of the problem is resolved
(i.e. the parkway trees are removed and replaced with a species that does not cause root
damage). City staff is extremely reluctant to remove any parkway tree without homeowner
involvement. Therefore, in 1988, Public Works personnel initiated a program wherein
residents can submit a petition to have the parkway trees removed and the appropriate
repair/replacement of the improvements scheduled for completion. To date, the Public
Works Maintenance Division has received 104 such petitions.
The estimated cost of completing the 104 petitions is now $8,000,000. Obviously this is
more than can be budgeted in any one fiscal year. However, this year's Measure M budget
does include sufficient funds to cover the $388,000 estimated cost of removing and replacing
the public improvements along Scenario Drive, our first priority (see attached Location Map).
On July 15, 1998, the Public Works Commission authorized staff to forward the plans and
specifications to City Council for approval.
Environmental Status:
None
Attachment(s):
1. I Sample Construction Contract
2. Project Location Map
RCA Author: Robert F. Beardsley/Donald Noble
98rca30.doc -2- , 09/28/98 3:24 PM
L
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155
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE RECONSTRUCTION AND IMPROVEMENTS OF
VARIOUS CITY STREETS (MSC-398)
THIS AGREEMENT, made and entered into this day of
199_, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
, a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as the reconstruction and improvements of various local
streets in the City of Huntington Beach (MSC-398) 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,
SAMPLE
and for well and faithfully completing the work within the stipulated time and in the manner
shown and described in this Agreement, and in accordance with the requirements of CITY
under them for the 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 Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1997 edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California
2
SAMPLE
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 Department of Public Works of CITY (hereinafter referred to as "DPW'),
without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at
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
Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this
Agreement.
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
within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued
by DPW, excluding delays provided for in this Agreement.
3
SAMPLE
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 DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not
agree to such cost proposal, the work shall be performed according to the changes ordered in
writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost
4
SAMPLE
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
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.
5
SAMPLE
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 Dollars ($ )
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.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
6
SAMPLE
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the Agreement), notify the DPW in writing of the cause of the delay and 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 DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of 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
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the Contract Documents; or .
(b) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
7
SAMPLE
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 DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR
where the actual quantities used in construction of the PROJECT are in variation to the
quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment
in price or time for completion shall be allowed if asserted after final payment under this
Agreement. If the quantity variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and make such adjustment
for extending the completion date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW 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.
8
SAMPLE
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that 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
DPW, less all previous payments and less all previous retained amounts. The final payment, if
unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
made on demands drawn in the manner required by law, each payment to be accompanied by
a certificate signed by the DPW, 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
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 DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been paid
in full and that there are no claims outstanding against PROJECT for either labor or material,
except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under the provisions of the statutes
of the State of California.
9
SAMPLE
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.
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.
10
SAMPLE
20. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant, to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, 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
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said above -mentioned 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, CONTRACTOR 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:
1.. 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
11
SAMPLE
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."
CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as
Additional Insureds shall be provided to the City Attorney for approval prior to any payment
hereunder.
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
12
SAMPLE
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.
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative 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.
13
SAMPLE
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
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.
14
SAMPLE
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.
CONTRACTOR:
By:
print name
ITS: (circle one)' Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
q--zti-11 Y 111 lo
INITIATED AND APPROVED:
Director of Public Works
15
SAMPLE
Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THE RECONSTRUCTION AND IMPROVEMENTS OF
VARIOUS CITY STREETS (MSC-398)
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'S FEE
15
32.
ENTIRETY
16
16
SAMPLE
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PUBLIC WORKS
SUBJECT:
APPROVE THE REPAIR/REPLACEMENT OF STREET
IMPROVEMENTS - MSC 398
COUNCIL MEETING DATE:
October 5, 1998
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 Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, 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
EXPLANATION FOR
RETURN OF ITEM
sA al Pa U6i
lUdAl-L /s Woc- -- ^ a
4333 Brooklyn Avenue N.E.
Seattle, WA 98105
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Kalban, Inc.
as Principal, hereinafter called the Principal,
and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA
of 4 Hutton Centre Drive, Suite 250-B Santa Ana, CA 92707 , a corporation duly organized under
the laws of the State of Washington , as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach as Obligee, hereinafter called the Obligee,
in the sum of Ten Percent of the Amount of the Bid
)ollars (S 10% ) , for the payment of which sum well and truly to be made, the said Principal and the said
lurety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Reconstruction and Improvement of Scenario Drive MSC 398
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 6th day of November 1998
Witness {
l
Witness /
_(Seal)
Principal
•M
Title
FIRST NATIONAL INSURANCE COMPANY OF
AME CA
By
Can y M. ons Attorney -in -Fact
0054/FNEF 1/97 m Registered trademark of SAFECQ Corporation.
p
California
of Los Ange 1 e s
10V 0 6 1998
(DATE)
before me, Bonnie Lane, Notary Public
INAME. TITLE OF OFFICER I E . 'JANE DOE. NOTARY PUBLIC-1
illy appeared Miron Kalebj ian, President of KALBAN, INC.
(NAMEISI OF SIGNERIS))
RI HT TNUMBPRINf IOPTIONAII
W
(i
x
m
CL
0
CAPACITY CLAIMED BY SIGNER(S)
0 INDIVIDUAL(S)
KI CORPORATE Pre-,&SPr-
OFFICERS)
O PARTNER(S) (TITLE(S))
pnally known to me - OR - O proved to me on the basis of satisfactory evidence O ATTORNEY IN FACT
a ° to be the person(s) whose narne(s) is/are sub- CI TRUSTEE(S)
scribed to the within instrument and acknowledged O GUARDIAN/CONSERVATOR
to me that he/she/they executed the same in O OTHER:
9q*,4E LAW his/her/their authorized capacity(ies), and that by
moons 1105609 his/her/their signature(s) on the instrument the
WroryPubec —caf xrja �r' person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING:
_ h CC,,Oy 2 person(s) acted, executed the instrument. (NAME OF PERSONIS) GR ENTITY(IES)i
Ny C--. E<, em:Ju 9, r
VVitnes/ y hand and official seal.
y; -y-'"s'u°'"cs•fJ-. U:,�
(SEAL) (SIGNATURE OF NOTARY)
N NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
S CERTIFICATE Title or Type of Document
3T BE ATTACHED
THE DOCUMENT Number of Pages Date of Document
)CRIBED AT RIGHT: Signer(s) Other Than Named Above
POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA
ATTORNEY 4333 BROOKLYN AVE NE
SEATTLE, WASHINGTON 98105
4333 Brooklyn Avenue N.E.
Seattle, WA 98105 No. 9747
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does herebX appoint
************************CANDY M. COONS; Los Angeles, California****** * *********************
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings
and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL
INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at
its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 03 day of August , 19 98
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business .. . On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
th2 signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of
the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 6th day of November , 1998
S-10491EP 11/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
ss.
On November 6, 1998 , before me, Mark E. Shreckengast, Notary Public
Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public")
personally appeared Candy M. Coons ,
Name(s) of Signer(s)
aoeo�•ee�r�yor�e�ee•eee•�Ileeeeereero
• MARK E. SHRECKENGAST •
o COMM. #1106666 R
A
s"� NOTARY PUBLIC • CALIFORNIA S
2 `P LOS ANGELES COUNTY 2
e MY Comm. Expires July 24, 2000 0
eaaeeeaoseeeeeeeoeeseeeeesseeeeeessso
Place Notary Seal Above
Expersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name('* is/am
subscribed to the within instrument and
acknowledged to me that3�e/she/tom executed
the same in Aiis/her&mix authorized
capacityf e*, and that by bi!s/her/t t'
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(.;)
acted, executed the instrument.
WITNESS mdlhand
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons
and could prevent fraudulent removal and reattachment of this form to anot
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer
Signer's Name:
on the document
El Individual
Corporate Officer — T(tle(s): Top of thumb here
El Partner — ❑ Limited a General
W, Attorney in Fact
Trustee
❑ Guardian or Conservator
C Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827
FROM: KALE N, INC.
10950 T xford Avenue
Sun Vail y, CA 91352
c�� � � � � �GEitJif�'rrww�J� �cGo.+.�ST•Ptr�--�-�0ni
OW
co
'>-Z TO:
i
.may, �x
0
191?
I have received Bid Bond No. SD00011910-76 Frontier Pacific Insurance Company for
S. Parker Engineering; Bid Bond No. 0372243 Great American Insurance Company for
Silvia Construction, Inc.; Bid Bond Chubb Group Insurance Companies for Sequel
Contractors, Inc.; Bid Bond Contractors Bonding and Insurance Company for Nobest
Incorporated; Bid Bond General Accident Insurance Company of America for Los
Angeles Engineering, Inc.; Bid Bond Insurance Company of the West for Kovac, Inc.;
Bid Bond Ulico Insurance Company for Holland -Lowe Construction Inc.; Bid Bond CAN
Insurance Companies for Hillside Contractors, Inc.; Bid Bond Chubb Group Insurance
Companies for Palp, Inc. dba Excel Paving Company; Bid Bond First National Surety
for GMC Engineering, Inc.; Bid Bond No. 5627359 Safeco Insurance Company of
America for All American Asphalt; Bid Bond Insurance Company of the West for
Damon Construction Co.; Bid Bond Insurance Company of the West for Century
Paving, Inc..
Re: MSC-398 - Repair/Replacement Of Street Improvements - Scenario Drive.
Dated: _ -S
By: �.
y`1