HomeMy WebLinkAboutKAS Equipment & Rental, Inc - construction project to make bus stop ADA accessible - Bus Stop Accessibility Project Phase II - CC-1054 12/7/98 Notice of Completion 7/19/99 - 1998-12-07WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk -
P. O. Box 190
Huntington Beach, CA 92648
-- A�� 6CO°-70 /<
Kecorcle,j in t1l 4;01a1-ItY of orange, California
ary L. III�IIIiIIfR'IIIIIIIIIIIIIIIII�IIIIIIII�IIIIIIII, Clerk/Recor�deFe IIIIIIIIIIIIIIIIIIII NV e
19990554113 09; 32am 07/29/99
005 17016042 17 77
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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 KAS Equipment & Rental, Incorporated who was the company
thereon for doing the following work to -wit: GF
Bus Stop Accessibility Project — CC-1054 N F
That said work was completed July 19,1999 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 .w1.ork was accepted by the
City Council of the City of Huntington Beach at a regular meeting thereof held'on Monday, July 19,1999.
That upon said contract National American Insurance Company 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 22nd day of July, 1999.
City Clerk and ex-ofticie Clerk
of the City Council of the �.ity
of Huntington Beach, California
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 22nd day of July, 1999.
City Clerk and ex-officio Clerk
of the City Council o: 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
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 29, 1998
November 5, 1998
November 12, 1998
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 12, 1993
at Costa Mesa, California.
011 0 Fol 0 �N � 1 0
PUBLIC NOTICE
SECTION A
NOTICE INVITING
SEALED BIDS for the
BUS STOP
ACCESSIBILITY
PROJECT PHASE 11
CASH CONTRACT
No. 1054 In the
CITY OF
HUNTINGTON BEACH
PUBLIC NOTICE IS
HEREBY GIVEN that the
CITY OF HUNTINGTON
BEACH, as AGENCY, in-
vites 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 2:00 P.M. on No-
vember 17, 1998. Bids will
be publicly open in the
Council Chambers unless
otherwise posted.
Copies of the Plans,
Specifications, and con-
tract documents are avail-
able from the Office of the
Director of Public Works,
2000 Main Street, Hunting-
ton Beach, CA 92648, upon
payment of a $5.00 nonre-
fundable fee if picked up,
or payMept of a $15.00
nonretrrrtdabte--fee- n'
Any contract entered into
pursuant to this notice will
incorporate the provisions
of the State Labor Code.
Pursuant to the provislons
of the Labor Code of the
State of California, the min-
imum prevailing rate of per
diem wages for each craft,
classification or type of
workman needed to ex-
ecute the contract shall be
those determined by the
Dlractor of Industrial Rela-
tions of the State of Califor-
nia, which are on file at the
Office of the Director of
Public Works, 2000 Main
Street, Huntington Beach,
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 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-
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
the Instructions to Bidders.
The bid must be ac-
companied by a certified
check, cashier's check, or
bidder's bond made pay-
able 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 Busi-
ness and Professions Code
and shall possess a State
Contractor's License Class
at the time of the bid opPen-
ing. The successful Con-
tractor and his subcontrac-
tors will be required to pos-
sess business licenses
from the AGENCY.
The AGENCY reserves the
right to reject any or all
bids, to waive any irregular-
ity 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 19th day
of October 1998.
Attest:
Connie Brockway
CITY CLERK OF THE
CITY OF HUNTINGTON
BEACH
Published Huntington
Beach -Fountain Valley In.
dependent October 29, No-
vember 5, 12. 1998
105-148
City Ci of Huntington Beach
g
INTER -DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION PAYMENT
cc 1(05�i K65 V_-Lw'Wa'1 A abA��
i CQ _--a — Q
DATE: �_ �Effl
The conformed copy of the Notice of Completion for the above contract has been
filed. The thirty-five (35) day waiting period has elapsed or will elapse before
payment is made. Processing of the 10% retention payment is recommended so
long as no stop notices or outstanding invoices are on file with the City.
ODAN�T�. rILLELLA, Director of Finance
I certify that no stop notices are on file on the subject at this time.
Date: 8 /
ROBERT F. BEARDSLEY, Pub V Works Director
I certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
G G� Date:
CONNIE BROCKWAY, City Cler
I certify that there are no outstanding invoices on file.
Date: IJ _ "_ J '
S I F�EIbENRICH, City Treasurer
10% Retention Payment
06/08/99 12:54 PM
DECLARATION OF SATISFACTION OF CLAIMS
1, O4N 1 �'" 1ZV N gC-► _ K,A-,S.C4U.tp 4 to t t,, INC.
1. I am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled BU5 ,�rT(7P WCE�IaILl ty CG I��
and dated V
2. All workers and persons employed, all firms supplying materials, and all subcontractors for the
above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection «ith Notices to Withhold,
which have been filed under the provisions of the statutes of the State of California: (if none,
state `'NONE")
NONC-
);declare under penalty of perjury that the foregoing is true and correct. ,qq 9
Ex cute at C A-U FoP—N)Aon this �5 115fday of Ju.� ,
(Signature of Contractor)
gxc`cashcon2
City of Huntington Beach
Department of Public Works
Post Office Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on
5LA6 stcoP ArC4,e`n11it 1_11ri/
Project No. Title
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed
by him or by any subcontractor performing work under the contract on the project have been paid
wages at rates not less than those required by the contract provisions, and that the work performed
by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in
the contract or training program provisions applicable to the wage rate paid.
Signature and Title Dt�N IL'Ll C1EIN(�Q?S—
TV-Z,5 IDS-, s�-�-kv_y
I PI Arl- `ri" 4 Vz1�JT-Pk-t,, l N C,
g:cc cuhconl
9�-
I have received Maintenance Bond No. CB 025921 — National American Insurance
Company for KAS Equipment & Rental Inc.
RE: CC-1054 — KAS Equipment Rental — Bus Stop Accessibility Project Phase II
Approved by Council 7/19/99
Dated: h- 3 - k 9
SF\1' I3Y : F.AP WEST SURETY ; I u - 6-99
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we.
KAS Equipment & Rental, Inc.
BOND NO: CB 025921
FRE.MNUM: Included in
r 7,' T.0 era c,do... . .,,,,Performance Bon:
Gas 5 ut strt:'; E O;GU'.l a,-.
;hsreine, er ratted Principal, as Principal, and National American Insurance�ccrp°oration erg3ilized
end exi ,ling under the laws of tie State of Nebras'rts and authcriZed to transact a gar neral surety business In the State
>i ( 1 i�f9rnia (here(na•�r callena:3Urety), as Surety, are held and firmly bound uri`e
of- Huntington Beach
One Iundred Severi Four Thoiisan
(hurei,nal'Wrcalled Obliges), in tile sum ofFive Fundred Eighty GO L s 174,584.00
)
uL'C no / t ��
lavrf it money of the United States of Arnerica, to be paid to the slid Obiigea, or its sl�rccessors or a53lgns, to the
paymortt of which sum -Veil and truly to be made, We do Wric ourselves, our heirs, executors, administratoe s,
SL1CQ0Ssvrs and (assigns, Jotntiy and severally, firmly dy these presents.
VVFIEREAS, the Principal entered into a contract wit;: ti-s said Obligee, stated 12 / 7 / 9 8 for
Bus Stop Accessibility Project CC 1054 -
_ arid,
WHEREAS, the Obligee requires that these pregsnl✓ to executed on cr before the final completion and rcosptance of
said contract and
WHEREAS, said con"cf, wsa completed and accepted cn 7 / 2 9 / 9 9
NOW, THEREFORE, THE CONDITION OF THIS CE_LIGATIO,N IS SUCH, that if the Principal shall rernedy without
cost to the Obligee,ariy defWs Mitch may develop d,r;nq a period of 1 ?. months fron) the da:e of
cornpleUon and acceptencv of the work performed once the contract, caused by defective or Inferior materials or
wcrkmartship, then this obllgatlon shall be void; ether .se ii shall be anti remain in full force and effect.
SIGNED, SEALED AND DATED THIS DAY OF Qctobex nth. 1499
iu KAS qpmeVt & Ren ak , Inc.
.k
By. LAA-v
�ynD:vlC
Danielle Reinberger, President
Na i nall American Insurance Company
BY
s r: ,
�P�trici�Zeni , Att �y— t�—fact
APPROVED AS TO FOM
$F-43J94 (3raG) TAIL HU TON.,, City Attorney
Py :. Deputy City l+ttorneY
P,y
:��:. , -d; i ir`06/99 0^1-. 1 7:3`r 8-. 824G3545
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State or California
County of Los Angeles
On 1 0/ 6/99 before me, Pietro Miccicze
]ATE NAME. TTTtt OF (:FFlCEA • -C.C. 'JANE OOE- NOTARY PUBLIC'
rerscnaliy appeared .. Patricia Zenizo
NAMEIS) OF SIGNERIS!
rX personally known to rre - OR -
N07ARY ?1181- CA 1r
r ` f Lu AllgoiP.s CDi"ter —
r!ZGfil
Though :he data below is not recuued by law
!rauzuiert reana:hment of this form.
CAPACITY CLAWED BY SIGNER
1 IND;VIDUAL
CC°PCRATE OFFICEF..
T.TLE;S)
i GENE=ZAL
ATTORNEY-IN-FAC-
r I T RUSTEEiSi
i GUARCIAN/CONSERVATCR
OT-1ER:
SIGNER IS REPRESENTING:
NAM! OF ofR50M(S: OA EN'T"F'(I151:
(: proved to me on the tasis cf satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged tc me that he/she/they executed
.he same in hislheritheir authorized
c:apacityiles), . and that by his/her/their
signatures) on the instrument the person(s),
or the entity uccrl behalf of which the
Persons) acted, executed the instrument.
VNEy hand a^d cfficai seal.
S.'G.NATLRE OF NOTARY
OPTI -fI'
rt may -rove valuable to persons drying --r. the document and cold orevent
:CJ
OESCRIPTi01I OF ATTACHED DOCUMENT
T17? E CF, TYPE OF DOCUMENT
NUMGER OF PAGES
D :"; OF 00CUMEN
SIGNERS) OTHER THAN NAMED ASCVE
NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY
OMAHA, NEBRASKA
PRINCIPAL t & Rental, inc. EFFECTIVE DATE 1 /25/99
PO Box 9570, Ontario, CA 91762-9570
(STREET ADDRESS CITY! STATE! !ZIP CODE,
CONTRACTAMOUNT $1-4,-584.0n AMOUNTOFBOND5 $174,584.00 _
POWER NO. C13 025921
KNONV ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
laws of the State of Nebraska, haying its principal office in the city of Chandler. Oklahoma, pursuant to the following resolution, adopted by
the Board of Directors of the said Company on the 8th day of July, 1987, to wit:
"Resolved, that atiy officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as
Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer -nd the Seal of the Company may be affixed to any such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American
Insurance Company dogs hereby make, constitute and appoint PATRICIA ZENIZO OR PIETRO MICCICHE ,
State of CALIFORNIA
its true and lawful attorn ey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed b>
the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
NATIONAL AMERICAN INSURANCE COMPANY
P\OpN INS&
P(4 `OpPONq lF ZC
W. Brent 1,aGere, Chairman & Chief Executive Officer
i SEAi, go
O_ b
a
V\ r
IRAS
NEBBgSr.OP
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
�,oA M14�
41
Vy pTAR `9
aueuc
Notary Public
F
O O ' S1AT
My Commission Expires August 31, 1999
(� O+(A
NOON OOVa
STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Chandler. Dated the 6 day of October 19 99
DEA
N INS/{// PC, ,-•YlWinifred E. Mendenhall. Assistant Secretan3a
6
OAAAS
NEBRgSI�p
CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On October 11 1999 before me, Cruz R. Borrero, Notary Public _
Date Name ano I nie OT Laricer e.g.,-Jane�oeNotary PUNK")
Personally appeared Danielle Reinberger
ame s of Signer(s)
CRUI R. BORRERO
Commission # 1169955
Notary Public - Colifomia =
Los Angeles County
MY Comm. E)Pires Jan 18, 2002
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(-4 whose nameW iskw;a subscribed to the
within instrument and acknowledged to me that he/she/#
executed the same in Uis6her authorized capacity(),
and that by hWher signatureW on the instrument the
personal, or the entity upon behalf of which the person()
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Signature Ot Notary Public
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.
Description of Attached Document
Title or Type of Document: Maintenance Bond
Document Date: October 6, 1999 Number of Pages: 1
Signer(s) Other Than Named Above: Patricia Zenizo
Capacity(ies) Claimed by Signer(s)
Signer's Name: Danielle Reinberger
I
Individual
Corporate Officer
Title(s): President / Secretary / Treasurer
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee RIGHTTHUMBPRINT
Guardian or ConservatorOF SIGNER
Other: Top of thumb here
Signer is Representing:
KAS Equipment and Rental, Inc.
Signer's Name: N/A
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee RIGHT THUMBPRINT
Guardian or Conservator OF SIGNER
Other: Top of thumb here
Signer is Representing:
7a� %j 3.e rd.61�-PWD
l�Y C!'t a�'1 on n e _ Pv b (,)� fzs
CITY OF HUNTINGTON B
i
MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-067
Council/Agency Meeting Held:
400 '70
De rred/Continued to:
App oved ❑ ditionally A prove ❑ Den ied
UTY it Clerk's Signature
Council Meeting Date: July 19, 1999
Department ID Number: PW 99-067
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
4
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
- ¢
SUBMITTED BY:
-0
RAY SILVER, City Administratgs
lrr,i
PREPARED BY:
ROBERT F. BEARDSLEY, Director of Public Works
v
SUBJECT:
Accept the Bus Stop Accessibility Project CC-1054, and File a Notice
of Completion
�--
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: KAS Equipment & Rental, Incorporated, has completed its contract for
the construction of the Bus Stop Accessibility Project CC-1054.
Funding Source: Sufficient SB 821 funds were authorized for this project.
Recommended Action: Motion To:
1. Accept the Bus Stop Accessibility Project CC-1054 at a final cost of $184,254.64, and
authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office.
Alternative Action(s): None.
Analysis: On December 7, 1998, Council awarded a contract to KAS Equipment & Rental,
Incorporated, in the amount of $174,584.50 to construct the Bus Stop Accessibility Project.
The adopted project budget also included $17,500.00 to cover potential change orders and
$3,915.50 for supplemental expenses, for a total of $196,000.00. The improvements are now
complete per the approved plans and specifications. Therefore, the Director of Public Works
recommends acceptance of the project and requests the City Clerk file the Notice of
Completion.
1054/notice ofcompletion/rca -2- 07/01/99 10:32 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-067
The following is a summary of the final project costs:
Council Approved
1. Contract Amount: $174,584.50
2. Change orders: 17,500.00
Subtotal: $192,084.50
3. Supplemental Expenses: 3,915.50
Total: $196,000.00
*One change order was issued for this project:
Modified the quantities for a number of bid items.
Actual Expenditures
$184,254.64*
0.00
$184,254.64
0.00
$184,254.64
Public Works Commission Review: The Commission reviewed and recommended City
Council approval of the project on August 20, 1997, by a vote of 5-0 (Absent — Carroll,
Johnson).
Environmental Status: Not applicable.
Attachment(s):
RCA Author: Charlonne:LD:jm
1054/notice ofcompletion/rca -3- 07/01/99 11:59 AM
RCA ROUTING SHEET '✓
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Accept The Bus Stop Accessibility Project CC-1054,
and File a Notice of Completion
COUNCIL MEETING DATE:
July 19, 1999
RCA ATTACHMENTS.
STATUS
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
REVIEWED RETURNED FO RDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION: FOR: RETURN OF ITEM:
RCA Author: Charlonne
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 19, 1999
Gary Granville
County Recorder
P. 0. Box 238
Santa Ana, California 92702
Dear Sir:
CALIFORNIA 92648
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,
r
Connie Brockway
City Clerk
CB/j c
Enclosure: Notice of Completion— CC-1054 —Bus Stop Accessibility Project
( 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 KAS Equipment & Rental, Incorporated who was the company
thereon for doing the following work to -wit:
Bus Stop Accessibility Project — CC-1054
That said work was completed July 19,1999 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, July 19, 1999.
That upon said contract National American Insurance Company 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 22nd day of July, 1999.
City Clerk and ex-officie Clerk
of the City Council of the City
of Huntington Beach, California
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 22nd day of July, 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
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
County of Orange
I am a Citizen of the U
resident of the County
over the age of eighteen
party to or interested
entitled matter. I am a
Ss.
nited States and a
aforesaid; I am
years, and not a
in the below
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 29, 1998
November 5, 1998
November 12, 1998
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 12, 1998
at Costa Mesa, California.
Il VIM,
Signature
PUBLIC NOTICE
SECTION A
NOTICE INVITING
SEALED BIDS for the
BUS STOP
ACCESSIBILITY
PROJECT PHASE 11
CASH CONTRACT
No. 1054 In the
CITY OF
HUNTINGTON BEACH
PUBLIC NOTICE IS
HEREBY GIVEN that the
CITY OF HUNTINGTON
BEACH, as AGENCY, in-
vites 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 2:00 P.M. on No-
vember 17, 19911. Bids will
fbe publicly open in the
Council Chambers unless
otherwise posted.
Copies of the Plans,
Specifications, and con-
tract documents are avail-
able from the Office of the
Director of Public Works,
2000 Main Street, Hunting.
ton Beach. CA 92648, upon,
payment of a $5.00 nonre-
fundable fee if picked up,
or payment of a $15.00
7lfeiunda't11e -1"- 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 min-
imum prevailing rate of per
diem wages for each craft,
classification or type of
workman needed to ex-
ecute the contract shall be
those determined by the
Director of Industrial Rela-
tions of the State of Califor-
nia, 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
equaFVMue io 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 ml-
nority business enterprises
will be afforded full op-
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
the Instructions to Bidders.
The bid must be ac-
companied by a certified
check, cashier's check, or
bidder's bond made pay-
able 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 Busi-
ness and Professions Code
and shall possess a State
Contractor's License Class
at the time of the bid open-
ing. The successful Con-
tractor and his subcontrac-
tors will be required to pos-
sess business licenses
from the AGENCY.
The AGENCY reserves the
right to reject any or all
bids, to waive any irregular-
ity 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 191h day
of October 1998.
Attest:
Connie Brockway
CITY CLERK OF THE
CITY OF HUNTINGTON
BEACH
Published Huntington
Beach -Fountain Valley In-
dependent October 29, No-
vember 5, 12, 1998
l 105-148
over vr� i CITY OF nUNi l I VN
kjF2hbCESSIBILINY BEACH '
PROJECT^PHASE,11 ubfie HunLngtin
CASH CONTRACT, tgeach=Fountain Valley yln-
No 1054In the . depen Fir. ct ;No-
CITYYOF vember 5 12 1998 "�'
I HUNTINGTON BEACH 105 148'
PUBLIC NOTICE- IS. ILOT
HEREBY` GIVEN -{that the
CITY OF HUNTINGTONI
BEACH, as AGENCY; i64
vices sealed bids --for`.the
i
above stated pr_ojeds and'
Will receive such bids in:
the-office,of'the City Clerk,
".Second Floor, -2000-:Main
hour of 2 00' P M oh No=
vember 17 -1998 Bids will
be *publicly open in thel
'.Council Chambers, -unless
totherwise posted..
'. Eopies of -'the 'Pians,�
i Specifications, and con-,
tract :documents are avail-
able -from the Office of the'
;; &ector 'of - PulAc Woik%
payment of•a:_SS'00 nonie-;
fundable fee -if picked tip;
or -payment of a $15.06
n:onrefundable fee if
,' mailed:_,., -
Any contract entered into
pursuant-do-this.notice will
Client Reference #
Independent Reference #
incorporate the provisions. Advertiser'
'; of the State Labor Code. -
"Pursuant to�thelproviiions
of the Labor`}Code-.of the
StateofCahQ—nia lnr m,n; Enclosed please find clipping of your ad from the
_. imum prevailing,?ate=df�per
diem wages for each caft- t publication, beginning
i• -classification.. or "type 4of, 21
workman needed to_ ez
cute cthe contract- shallrbei If you need to make any changes or corrections,
. - Di ectord of Ind seter tria_lyf3e ae se call me at your earliest convenience.
ttons of the State of Califor-'
nia, which are on the at the:.
otriae. s of 'the Duectrrj; of. The cost of this publication will be
Pu $
blic, Work2000wfJlain 0
Street, Huntington Beach„
C9.92648
f ith4-AGENCY will deduc Thanks for your cooperation and patronage.
- ae 10% retention +rim:; all
progress p ya ments`;Thei
Contractor may ,substitute!
e an escrow holder surety oi`,
- ,•equal value to the retention
:in accordance with the pro-`
' visions of .the California
:'Government Code, Section
4580:-The Contractor shall Sincerely,
qe beneficial owner of�the
surety and shall recei,
_. eny interest thereon..
;'pTha AGENCY erefiy at.' eJdY
firmatively ensures [hatTmi-A rity business enterprises
ill be afforded full op-
ponunity to submit bids in Atting
response. to this notice and
Will not, be `discriminated Manager
against on" -the basis- of
race, color national origin,, Legal Advertising Department
ancestry, sez or religionrin
any consideration beading
to. the award of contract:
must be - ac,
by' a certified .
tier'5' check;=or
rid mado -payer, I
AGENCY for an
less. than IN
ptime of the bid open. oulevard, Suite 160
The successful Con- h, CA 92648
it and his subcontrac- t
the.
AG1
0-,
to v
rid:
days ..i F.:
iBY ORD�fa of tl•-Z CITY
`COUNCILof the .CITY. QF
HU'rN1TT-NG4 N �AC-H;
CAL='IFO,RNIA'the 19tFi, day
of October
Bond # CB 025921
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall he considered plural where applicable.
CONTRACTOR (Name and Address):
KAS Equipment & Rental, Inc.
P.O. Box 9570
Ontario, CA. 91762-9570
OWNER (Name and Address):
City of Huntington Beach
2000 Main St.
P.O. Box 190 Huntington Beach, Ca.
CONSTRUCTION CONTRACT
Date: 12/7/9.8
Amount.$1 74, 584.00
Description (Name and Location): Bus Stop
BOND
Date (Not earlier than Construction Contract Date)
Amount: $1 74, 584.00
Modifications to this Bond:
CONTRACTOR PRINCIPAL
Company: (C r orate Seal)
KA_S Equip nt & Re t
Signature:
Name and Title: .
Danielle Reinberger► President
(Any additional signatures appear on page 6)
SURETY (Name and Principal Place of Business):
National American Insurance Company
12707 North Freeway, Suite 210
Houston, Texas 77060
92648
�/ S 9 q
Accessiblility Project CC 1054
1 /25/99
11 None , [I See Page 6
SURETY
Company: (Corporate Seal)
National Ame can Insurance Company
Signature: `
Name and Titl .
Patricia Zenizo
Attorney -in -fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
Substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days 'after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amoernt of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of ahy Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or.part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
J1 ; - 21 7-3 _
6on:± Shali be. u - a•5tatut0r. b0!.d and n Q r 35 a
Common la?:' Sond1
14 Up or, reCiue ; br ,am, DerSon or entity;-tpcearinc r7 beya
poten!iai o� 'his 5ond, thq Co !raCtcr ihafl
promPtIV fUraigh a CO l Of ihi5 Bond or 5,�all perm t copy
to be mace.
15 0EFINITlt7 1S
15.1 OF;in9:i .. -•,n ind" idual or emit i1z0rt9 a direct
comraC, t.;ir, :f' Cor:.raC1,0r orovi;t; __. >CuniraCi�! or
the iu:ni5h labor, ^iai:?ri:is.or eLu:p.
rnen! 4Or il5� m; Use p �m'TanCe C' �.C,Y aC. Ti
intent Oi rt,i.. 3,-md 5;rali be ro inciude ;11110ui hm;ta-
r:, r. in th2
par, bl ?vd'Zr: 4120, r-].4r. Lg,t't i=4', JrI, E'��•�il
tC'?p f.^ } r renlai • clUl.'`,'•t>rit U3ed in the
MODIFICATIC)NE TO 9H", 2OND AME M"k(DIMS:
C 1-.:;ruOntiC!C?, a :,,Q rai ar.d e--,ofne-,;,,:;
, of Ihe Ot
'.-niracior at -id the :ubcon'.acto s. a-..
it8n.
r5 for , fnirhya mr _ham^.iC'S lip:? nor`, .;i.
in the !urisd;nor) ;ha to -'Or. r.-a-u- :
Dme^t Were turni5nZ .'.
IS.. Oi?S rUCtiOnc�C•n,r ri: r�' _re_men, ejt'r.'i;...Pn
:ner and the-
r<!;:r� page, includ;r,g all Cc^tract Docur7ie-!r5 2--1
5.3 4D.-mer Defauit: F- l:, O,f the tDwnc; , 'hi^h z!.
.,_:!n been rernedIed n o v --ived, to pa; the Con.
a�- rr?gwrted by ti"E Cons:rJ,^.i'O•
iJrm u C-),npletf -)F C.C:r.pi:• ;rirh 'Ftc r t ?=• t(_, r115
;L•O;-;i Ji. .
TtiS, i-)ond Shall comply vdt-h Cal .i.f� rnJ a C1viI Cod,2 Sec = On
3247 and 3248.
(Space is provided C,i' C7.J for additional signatures Of added pules, O'her ihan those appearing cr, t' e cover page.;
CONTRACTOR PS PMNCl?AL SUPIF
Cornpan�: (Corporate Seal; Corn,nane (Corporate Sea])
Signature;
Name: and Title:
Address:
5iQn4Cure. —��
Narne
rtrrjr,-s;:
AIA DOCU.iIINT A312 KUOR.SiANU eGtiD AND ?•4Yr.iI.^JT SO.NQ .�'cCC;-f8E' ?•Sa Eh. t.a
THE A:�trR1Cr1.'� IfVS lr' '. Or ,104tYtC7rS, 1,35 NZ' YQ7K :AVZ., .>.., ly .5hil. ,TG• . D f: Cflh A312.1934 6
YNIRC7PCI:viI;:C r.'AR'-, 'OLD
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may he
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
l�>v�sL.. ss.
.G�t-x�
On before
Date N and Title of Officer (e.g., "Jane Doe. Notary Public") �—
personally appeared�'���'���'�'
Name(s) of Signer(s)
MARGARET CANDELARIA
Commission # 1192272
Z -s No'ary Public - California
San Bernardino County
r"eccan,
My Comm. 6cp res Aug 6, M
Place Notary Seal Above
/ersonally known to me
i -, proved to me on the basis of satisfactory
evidence
to be the person() whose name(e) is/am
subscribed to the within instrument and
acknowledged to me that4pe/she/they executed
the same in taWher/theip authorized
capacity(iew), and that by lais/her/td*
signature(s) on the instrument the person(&), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
.WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
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.
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:
❑ Individual
C Corporate OfficeZrvator
❑ Partner — ❑ Lim
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Con
❑ Other:
Signer Is
Number of Pages: /
Top of thumb here
0 1997 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876.6827
CALIFORNIA ALL-PURPCISE ACKNOWLEDGEMENT
estate o` California
�our.ty or. Los- Angeles
1 /25/99 be'ore' me, Pietro Micciche
JAT NAME. , ` OF CFFICER - E.(3. 'JANE OOE. NO1ARY PVSUC'
personally appeared .. Patricia Zenizo
4AMEISI OF SIGNERIS7
oersonaliy '<novvn to me - OR - ; ) proved to TIe on the basis of satistactory evidence
to be the person(s) whose names) is/are
subscribed -'to the within instrument and ac-
cnawfedged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), . and that by his/her/their
MEMO MICCICHE signature(s) on the instrument the person(s),
►►°' - Comm. # 1105789 or the entity upon behalf cf. 'which the
NOTARY PUBLIC -CALIFORNIA oerson(s) acted, executed the instrument.
o Los Angeles County "
My Comm. Expires July 15, 2000 a3
WITNESS my hand and .offica) seal.
SIGNATURE OF NOTARY
OPTIONAL
`nough -.hs data below is rsot reautred I.y law, it may -,rove valuao+e to persons retying cn the document and couid prevent
'raudulent reanachment of this tcrm.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE 07FICC-R
i iTLE(5)
I : PAR-- NERfS; I 1 LIMITED
(1 GENERAL
i i A"•ORNE:Y-;N-FACT
: i TRUSTEiSi
I GU'ARCIANiCONSERVATOR
OTF:EF•
SIGNER IS REPRESENTING:
•urq OF nASOMt31 OR Eh rTVUE53:
�7d
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMSEFI. OF CAGES
DATE OF DOCUMENT
SiGNER(S) OTHER THAN NAMED ABCVE:
NATIONAL AMERICAN INSURANCE COMPANY
OMAHA, NEBRASKA
13M ER OF ATTORNEY
PRINCIPAL KAS Equipment & Rental, Inc.
EFFECTIVE DATE
1/25/99
P.O. Box 9570, Ontario, CA 91762
tSTREET ADDRESS, :C!TYI (STATE! IZiP CODE
CONTRACTAMOUNT $04,584.00 AMOUNTOFBONDS 174,584.00
POWER NO. CB 025921
KNOB' ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by
the Board of Directors of the said Company on the 8th day of July_, 1987, to wit:
"Resolved, that a:ty officer of the Company shall ha%e authority to make, execute and deliver a Power of Attorney constituting a;
Attorney -in -Fact, such persons; firms, or corporations as may he selected from time to time.
Be It Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to any such Po\+er of Attorney or
any certificate relating thereto by facsimile, and any such Power of .attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American
Insurance Company doss hereby make, constitute and appoint PATRICIA ZENIZO OR PIETRO MICCICHE
State of CALIFORNIA
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million (S1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the NatiDnal American Insurance Company, and all the acts of said Attornev(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
NATIONAL AMERICAN INSURANCE COMPANY
Q4i `OpPONq if ZC
i SF.Ai, 3 W. Brent LaGere, Chairman & Chief Executive Officer
o e
r�
a
OMAH"
,ESAASK"
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
v�E pTAq F9
PUBLIC
Notary Public
:: or
My Commission Expires August 31, 1999
!� O•fC4 Ho�pt
�cot N cola
-
STATE OF OKLAHOMA) SS:
COUNTY OF LINCOLN )
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. 99
Signed and Sealed at the City of Chandler. Dated the 25 day of January 19
l
p'C AN IN SUg9 '///��.J///�� / JD -/�/f^(///w/,� •' /Jr/
P F
SEAL D w'inifred E. Mendenhall, .Assistant Secretan
o
r�
D
OMAH"
A'EBR45^"
Bond # CB 025921
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural. where applicable.
CONTRACTOR (Name and Address):
KAS Equipment & Rental, Inc.
P.O. Box 9570
Ontario , CA 91762-9570
OWNER (Name and Address):
City of Huntington Beach
2000 Main St.
SURETY (Name and Principal Place of Business):
National American Insurance Company
12707 North Freeway, Suite 210
Houston, Texas 77060
P.O. Box 190 ► Huntington Beach, CA. 92643-
CONSTRUCTION CONTRACT
Date: 12/7/98
Amount:$174,584.00
Description (Name and Location): Bus Stop Accessibllity Project CC 1 054
BOND
Date (Not earlier than Construction Contract Date): 1 / 25 / 9 9
Amount: $1 7 4, 584 .0 0
Modifications to this Bond: ® None ❑ See Page 3
CONTRACTOR PRINCIPAL SURETY
Company: I (COr ate Seal) Company: (Corporate Seal)
I:AS =qui t &-R a , I National Aican Insurance Company
Signature: _ Signature:
Name and Title: Name and Title:
Danielle Reinberger Patricia Zenizo
President Attorney -in -fact
(Any additional signatures appear on page 3)
(FOR INFORMATION OlvLY Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 9
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M I
THIRD PRINTING - MARCH 1987
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address' described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen' days after receipt of such .
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, -the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness,.the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy. available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner -shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and.re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to,the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA t
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 2
THIRD PRINTING • MARCH 1987
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. .
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on -the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA S
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-11984 3
THIRD PRINTING • MARCH 1987
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On .�� �y/ before me���/
Date Name and Title of Officer (e.g., "Jane Doe. Notary Public")
personally appeared,f f�
Name(s) of Signer(s)
M4RGhREf CA�iD[LARIA�
Commission # 1192272 Z
Z -s No'ary Public - California -
San Bernardino County jr
My Comm. ixpires Aug 6, 2002
Place Notary Seal Above
—personally known to me
El proved to me on the basis of. satisfactory
evidence
to be the person(s) whose name( is/,=
subscribed to the within instrument and
acknowledged to me that ke/she/tbeq executed
the same in 4*/her,i 'r authorized
capacity, and that by WVP/herd
signature(} on the instrument the person(fr), or
the entity upon behalf of which the person()
acted, executed the instrument.
WIT SS my hand and official seal.
Signature of Notar; Public .
OPTIONAL
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.
_Description of Attached Docum
Title or Type of Document:
Document Date: /— I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ;
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Con
Other:
Signer Is Re r6senting:
Number of Pages:
01997 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
S'tate a` California
�our.ty or Losl Angeles
On 1/25/99 before -me, Pietro Micciche
DATc NAME, TiTIE OF CFACEJI : E.(3. '.LANE DOE. NOTARY PVBUC'
personally appeared... Patricia Zenizo
NAMEIS) Or 31GNFJiI5:
x oersonally known to me - OR - ; I proved to me on ;he basis of satisfactory evidence
to be the person(s) whose nanefs) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorizes
capacity(ies), . and that by his/her/their
=°° PIETRO MICCICHE signat-ure(s) on the instrument the person(s),
Comm. 9 1105789 or the entity upon behalf of which the
NOTARY PU8LIC•CALIFORNIA person(s) 'acted, executed the instrument.
`' Los Angeles County
My Comm. E)pires July, 15,1000 "8
WITNESS my hand and offical seal.
SIGNATURE OF NOTARY
OPTIONAL
'though *.he data below is not reoulred.hy law, it may prove valuable to persons retying on the deeurnent aria mid prevent
fraudulent reanachment of this tcrm.
CAPACITY CLAIMED BY SIGNER
IND;VIOUAL-
CORPORATE O=FiCER
71 T LE(S)'
i : ?ARTNER;Si 1 LlMI T ED
(? GENERAL
i I A"-, ORNEY-13N-FAC7
l TRUST =;iS)
I GUAPMANiCONSERVATOR
OTHEF.:
SIGNER IS REPRESENTING:
4APAE.OR nASOR(SI OF Ewr'rrv(IE5):
150
DESCRIPTION OF ATTACHED DOCUMENT.
TITLE OF, TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNEFI(S1 OTHER THAN NAMED ABCVE
AMERICAN INSURANCE COMPANY
OMAHA,NEBRASKA
POWER OF ATTORNEY
PRINCIPAL KAS Equipment _& Rental, Inc.
EFFECTIVE DATE 1 /25/99
P.O. Box 9570, Ontario, CA 91762
(STREET ADDRESS) (CITY) _'_TEI (71P CODEi
CONTRACTAMOUNT $174,584.00 AMOUNTOFBO,NDS 174,584.00
POWER NO. CB 025921
KNOW ALL MEN BY THESE PRESENNTS: That the National American Insurance Company, a co-p oration duly organized under the.
laws of the State of Nebraska, having its principal office in the city of Chandler. Oklahoma. pursuant to t:-e following resolution, adopted by
the Board of Directors of the said Company on the S;h day of .luly, 198', to %kit:
"Resolved, that arty officer of the Company shall have authority to make, execute and deliver a Po%%er of Attorney constituting as
Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer F nd the Seal of the Compan} may be affixed ;o any such Power of Attorney or
anv certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearine such faaimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile sgnature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which: is attached." National American
Insurance Company doss hereby make, constitute and appoint PATRICIA ZENIZO OR PIETRO MICCICHE _
Stare of CALIFORNIA
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name. Place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind National American Insurance Company thereby as folly and to the same extent as if such `',-,id or undertaking was signed by
the duly authorized officer of the NatlDnal American Insurance Company, and all the acts of said Aucrney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
NATIONAL AMERICAN INSURANCE COMPANY
P \`OpN INS(,�
4iP poOgqC' 4'f•
c Gam'
iSFAi, g R. Brent LaGere. Chairman & Chief Executive Officer
o o
a
Y\ !
OM4H? '
"EBggShP
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the national
American Insurance Company, the corporation described in and which executed the above instrument: that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name., thereto by like order.
A A41,
ONO
V` �OTAgyE9
PUBLIC
Notary Public
i*:r°r C;
My Commission Expires August 31, 1999
+C 440��1
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska -Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF .ATTORNEY remains in. full force. 99
Signed and Sealed at the City of Chandler. Dated the 25
day of January 19
\CpN INSUH
Q m
Winifred E. Ntendenhall. Assistant Secretan
SEAL 3
O d
rA-
69RAS
'�EBRgS^'
CITY OF H` NTINGTON 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' Febru' ✓!( //.� / 9 9 9
TO: A Eqy„�y� J eh &.L, Z;e ATTENTION:
Name �/
O 'NdIy qS%O • DEPARTMENT.3-4,�1e/l-L / e/,n Ge�yQ,�
Street �Y� .!
C..I`t<,(Fae; i% �/ A4,Z.. REGARDING: & - /D.h - �11�5 c� `o
Ci ,State, Zip n /
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
ld w
Connie Brockway
City Clerk
i
Attachments: Action Agenda Page
CC: ' 6a4k � ny
Agreement Bonds
RCA Deed
Department
Name
Department
Nam
Department
/ rQasV
Na
• �Ylend o z.�t
Department
Risk Management Dept.
�.
RCA
Agreement
Insurance
RCA
Agreement
Insurance
RCA
Agreement
Insurance
RCA
Agreement
Insuranc
Insurance
Insurance
Other
z
Other
Other
to;
Received by Name - Company Name - Date
&Fol lowup/coverltr
( Telephone: 714-536-5227 )
CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KAS EQUIPMENT AND RENTAL, INC. FOR
BUS STOP ACCESSIBILITY PROGRAM IMPROVEMENTS, PHASE II (CC 1054)
THISs AGREEMENT is made and entered into this day of
betir»ber lg v
�99 by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
KAS Equipment and Rental, Inc., 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 Bus Stop Accessibility Program Improvements, Phase
II, 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:
1. 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
g/agree/kaseq u i p/ 12/ 10/98
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 chapter
2
g/agree/kasequip/12/10/98
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 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
1
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 One
Hundred Seventy -Four Thousand Five Hundred Eighty -Four Dollars and Fifty Cents
($174,584.50), 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 the Notice to Proceed is issued and shall diligently prosecute the PROJECT to
completion within ninety (90) consecutive working days from the day the "Notice to Proceed" is
issued by DPW, excluding delays provided for in this Agreement.
3
g/agree/kaseq u i p/ 12/ 10/98
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 Ahe 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.
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
4
g/agree/kaseq uip/12/10/98
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.
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 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.
0 E 0 0 KILIM2A.119111I�T.y
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.
g/agree/kaseq ui p/12/10/98
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 would be, impractical and
extremely difficult to ascertain and determine the actual damage which CITY would sustain in
- the event of and -by reason bf-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
($250.00) per day for each and every working day's delay in completing the work in excess of
the number of working 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 of subcontractors due to such causes.
6
g/agree/kaseq u i p/ 12/ 10/98
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 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.
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
7
g/agree/kasequip/12/10/98
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 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.
g/agree/kaseq uip/12/10/98
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
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
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.
9
g/agree/ka seq u i p/ 12/ 10/98
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 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 neglience except where caused by the active negligence, sole
negligence, or 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 Sections 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
10
g/agree/ka seq u i p/ 12/ 10/98
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 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 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.
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:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
11
g/agree/kaseq u i p/ 12/ 10/98
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
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.
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
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 mayelect 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,
12
g/agree/kaseq uip/12/10/98
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's fees,
costs and necessary disbursements arising out of the processing of Stop Notices, Notices to
Withhold, or any similar legal document. Said obligation shall be provided for in the labor and
materials payment bond required of CONTRACTOR. CITY may charge an administrative fee
of One Hundred Dollars ($100.00) 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
ply
13
g/ag ree/kaseq u i p/ 12/ 10/98
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.
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.
SIGNATURES ON NEXT PAGE
14
g/agree/kaseq u i p/ 12/ 10/98
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.
KAS UIPME RENTAL, INC.: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
AXl 0 /A— ---1 California
!0
print name Ql 2&/99
ITS: (circle one) Chairman reside ice President
St.
REVIEWED AND APPROVED:
C' Administrator
g/agree/ka seq u i p/ 12/ 10/98
Mayor
ATTEST:
City Cler
APPROVED AS
pity Attorney
MITIATED AND APPROVED:
11 _
Director of Public Works
15
<.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On a����l before
Date Name and i nie of utncer (e.g., -Jane uoe, Notary ruonc' f i
personally appeared'yi��c
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person($) whose name(s# is/a e
subscribed to the within instrument and
acknowledged to me that 4iie/she/they executed
the same in 4i5/herA4;H4r authorized
capacity(ivm), and that by -his/her
signature(@ -on the instrument the persons), or
the entity upon behalf of which the person(S)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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.
Description of Attached
Title or Type of Document: _
Document Date: /— o- Number of Pages: /S
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s .
❑ Partner — ❑ Limited eneral
❑ Attorney in Fact
❑ Trustee
❑ Guardian or nservator
❑ Other:
Signer
RIGHT THUMBPRINT
OF SIGNER
Top of
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
Jan-27-99 03:34P ��9P jelo�)
P_02
FACORP.1
0?/15/1999
PRODUCER (805)653-7744 FAX ( r �,aA MATTER OF INFORMATION
V �-.+ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tolman & Wi ker Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TWD Insurance Services JAN 19 1999 LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
196 S. Fir Street COMPANIES AFFORDING COVERAGE
Ventura, CA 93002'-1388 � MPANY Clarendon American Ins. Co.
Attn: Irene Arenas Direct #(805)58 A
INSURED .-...._.___..._..---' ----. rDI/2 III, COMPANY The Travelers _..._._.__._..---.--.._.._
K.A.S. Equipment & Rental, Inc1 i B
P. 0, Box 9570
Ontario, CA 91762 C'�� C.J ((p-Q—i COMPANY RC oyal Insurance
Gnl_w-o OJr or- leoottiYOMPANY .... -- -............
- '---- -
� COM
am 11 Milli
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. 71/E INSURANCE AFFORDFD BY THE POLICIES F)ESCRISED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-
Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE - POLICY EXPIRATION:
LTR DATE IMMIUW ") DATE MMIDO/M LIMITS
GENERAL LIABILITY GENERAL AGGREGATE is 21000,000
X : COMMERCIAL GENERAL LIABILITY -•-.__._.._—__...
PRODUCTS- COMPIOP AGG 3 1, OOO , O0O
CLANS MADE X OCCUR : PERSONAL. a ADV INJURY S Z , 000 , OOO
A -- - TNC0698980179 07/15(1998 07/15/1999 - -- --' - •----__-..
X OVVNER'S a CONTRACTORS PROT EACH OCCURRENCE 3 1.000.000
................—.—.._._._.-_...._ ..
FIRE DAMAGE (Any one fire) 3 50,000
MED EXP (A,y o o PB y011) 3 5,000
AUTOMOBILE LIABILITY .
COMBINED SINGLE LIMIT 3
X ; ANY AUTO 1, 000,000
ALL OWNED AUTOS - — f
__.. 'BODILY INJURY
SCHEDULED AUTOS (Per person)
B 7EECAP7 66T1787T. 8 jDnl�'I 11/O1/1996 11/Ol/1999
X HIRED AUTOS .. ..- .._.-.. -__---
A.YT-'?tCi ,;�!/ �.'� - - . BODILY INJURY
Ce X NON -OWNED AUTOS G I'i T5' "`('Pj lt;i AttOxi3+v,}`, (Per eOtidentl 3
a - r iLt G r:ne�r -'--
PROPERTY DAMAGE a
GARAGE LIABILITY - / `, AUTO ONLY - EA ACCIDENT 3
ANY AU tp - OTHER THAN AUTO ONLY:
EACH ACCIDENTI 3
AGGREGATE:S
EXCESS UABILITY EACH OCCURRENCE S
._. 1,000,000
C X LIMBRELLAFORM PHA203174 11/13/1998 07/15/1999 'AGGREGATE 3
1.000,000
OTHER THAN UAaBPELLA FORM S.I.R. 3 10,000
WORKERS COMPENSATION AND - _
EMkOYERS' LIABILITY - _ TORV LIMITS ; ER
EL EACH ACCIDENT. ' 3
rHE PROPRIETOR/ INCL - EL DISEASE- POLICY LIMIT S
PARTNERSIEX.ECUTIVE
.._-_........... --- ..._......_
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE S
OTHER
Physical Damage Comp. $500 Deductible
B 7EECAP266171767TCT87 11/01/1998 11/01/1999 Coll. $500 Deductible
DE CRIPTION OF OPERATION WLOCATI ONSNEHICLESISPECIAL 1'rEMS
Ten Day Notice Of Cancellation will be given for Non -Payment of Premium_
L: Certificate Ilnlde� is Additional Insured as respects Bus Stop Accessibility Project: CC 1050
Construction Contract. This Insurance is Primary and Non -Contributory to any other Insurance.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL -LED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL
City of Huntinqton Beach AIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT,
Its AgcntS, Officers and Employees K�Xx��N�t9t7t?444D4Pt7(XX
P.O. Box 190 9t6(9QAWK"RKX)OGM*WXnfOPW(}� *WtILWXXM1p O(XXXXXXXX
Huntington Beach, CA 9Z648 AUTHORIZED REPRESENIA nvE
)Mike jOhnson/INA
,::.
Jan-27-99 03:35P
Policy Number: TNC0698980179.
Named Insured: K.A.5. Equipment & Rental Inc
„�9e '�1V
.OMMERCIAL GENERAL LIABILITY
T C(ialIYd Vo k
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ' J k
ADDITIONAL INSURED -- OWNERS, LESSEES 0 C 4 -Od
OR CONTRACTORS (FORM R) 6`aAO6 , (o Our or
This endorsement modifies insurance provided under the following: (' Oo
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE:
Name of Person or Organization:
City of Huntington Beach
Its Agents, Officers and Employees
P,O, Box 190
Huntington Beach. CA 92648
(If no entry appears above. information required to complete this endorscmcnt will be shown in the Declarations as applicab,c to
this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only
with respect to liability arising out of "your work" for that insured by or for you.
It is agreed the such insurance is afforded by this policy for the benefit of and shall be primary as respects any claim, loss ur liability
arising out of the subcpntractor's operations or by its independent contractors and any other insurance maintained by the above
referenced additional insureds shall be non-contributory with the insurance provided hereunder_
_Ci _0 10 l 135 Copyrivht. Insurance >erviccs Uflicc_ Inc.. 19K4
Page 1 of I
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FEE. 3.1999 12:39PM SCIF OXN PO_ SVC
N0.551 P.1i2
Fax Cover Sleet
Fax #: 7141374-1597
RE: Fax Order
From: Lupe Nunez -Vargas
State Compensation Insurance Fund Oxnard.
(805) fax # 988-5201
Re: 803547-98/KAS Equipment & Dental Inc.
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POLIGYHOWER'S COPY
Feb-i05-99 10:47A p_02
VC, VV; .9:1 1V•47 1,.. Vi�f/VVVV`11 A.•1'• \ri l'1�•.r,r �y vs
RESOLUTION AUTHORIZiNC EXECUTION OF ANY CONTRACT
BV PRESIDENT DANIELLE M. REINHI:.I CER
AT A Ml i:TINO of the Board ol'Directots of KAS Equipment a nd Rental, Inc.. (hereinafter
sometimes called Curporation), a corporation organized and existing, by virtuC of (be. twos o1, the
Stoic of California, duly called and held on the 5"1 day of February-. 1999, a quoruni beinu Present,
consisting Of the President and Secretary of the Corporation, Damelic M. Reinberger, the Iiillowing
Resolution was adopted,
BU 1T RhSOLVE•D by the Board of Directors of this t omoration that its President,
Danicllc M_ Reinherger, is hert;by authorized, empnrv,!red, and directed to ewcute
on behalf of this C'orporatiun, and in its name, any contract.
BF. I I' FURTI IFR RESOLVED, that any prior acts of said officer of the Corporation,
III coturection with the execution of any conlrac: on behalf of the Corporation, are
hcTeby confirmed and ratified.
I, Danielle M. Rciabe:rger, hereby ecr66, and declare that I aim the regularly and duly acting
Presidem and Secretary of KAS Equipment and Rcmal, Ink;_ a C:otporationw_. euit tlic Resolution
above set forth was duly rand regularly adopted by the Board of Directors of said Corporation crt a
Special Meeting: of said Board of Directors, held at Owario. California, oti the 5" day of February,
1999i that the W4holc r►umber of Board of Directors of said C:orporationis one. that there xvcic present
at Said meeting one Director; that all Directors present voted in favor of. said Resolution, and that
thereupon the Resolution was declared regulatly adopted.
1
Danielle M. Rembereer.
I'residcnl and Secretary - of KAS
Equipment and Rental, Inc.
••n
c• - ,1
State
d
iforni
Caa
OFFICE OF THE SECRETARY OF STATE
CORPORATION DIVISION
I, MARCH FONG E U, Secretary of State of the
State of California, hereby certify:
That the annexed transcript has been compared with
the corporate record on file in this office, of which it
purports to be a copy, and that same. is f ull, true and.
correct.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
SEP 21 1988
Secretary of State
r—r_/GT-Tc_ FORM CE-107
r
ENDORSED
. FILED
in the office of the Secretary of.State
of the Stot: of California
ARTICLES OF INCORPORATION SEPT..21, 1988
of MARCH FONG EU, Secretary of State
K.A.S. EQUIPMENT & RENTAL INC.
K A. S. EQUIPMENT & RENTAL INC.
T
The ; u:;�sa �! ...:s -;c: ^ , 1 o;a�o !n any lawful act' or activ!:y
for which a corporation may do organized under the General Corporation
Law of California other than the banking business, thL. trust company
busineafi or the practice of a profession permitted to be Incorporated
by the Callfornla Corporations Code.
III _
The name and address in the State of California of this corporation's
1nlCla1• agent for the service of process.Is: John A. Doerst, -12694 Montana ,.
Ave.,.; Los Angeles, California. 90049.
N
This corporation Is authorized .to Issue only one class of shares of stock;
and the total number of shares which this corporatlon is authorized to
Issue is 100,000.
Da tad: September 21, 1988.
I hereby declare, under penalty of perl.ury, that I am the person who executed
ate of -
.California
'� r Bill A - P.O. Box 944230
_ ryoneS._�_ } -,,> — Sacramento. CA942442300
Secrets of State � �
'
-
0 Phone (916) 6S7-3537
e STATEMENT BY DOMESTIC STOCK CORPORATION -
-
THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SEC. I502. CORPORATIONS CODE)
_
•. -
�.-O:F1L�1NC.��J�EE MUS �-,ACCOM�AN�Y�t1S STATEMENT '�'
_
:�,Please make c�ec>� payaiibje to,,, Secretary o� Stat �
•
-• WHEN COMPLETING FORM, PLEASE USE BLACK TYPEWRITER RIBBON OR PRINT IN BLACK INK
MPOR -= P[easeiead`nsirucionsOn Back of -:orris
1. DO NOTALTER PREPRINTED NAME IF ITEM 1 IS BLANK PLEASE ENTER CORPORATE NAME AND NUMBER
...._
C1445815 : DUE' -DATE 09-30-98 :12604S ..
.-.
K.A.S: EQUIPMENT & - ' RENTAL' INC."
P O.-,BOX° 8370-.:,. • :.:...:.:.::..�:'•, -.,:• _ _ ...
,. -
•
ROWLAND HEIGHTS,' CA - 91748
- -
=� _ '
e If There Has Been No Change In Any Of The Information On File, Complete Item la Only
Please Indicate on return envelope If no change statement is enclosed. - -
DO NOT MARK IN THIS SPACE
WAITH
CLARE THERE HAS BEEN NO CHANGE IN THE INFORMATION CONTAINED IN THE LAST STATEMENT OFTHE CORPORATION WHICH !S ON FILE IN THE SECRETARY OF STATES
OFFICE DOES NOTAPPLY ON INITIAL FlLNC- - -- - _ -
I HERn TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT SIGNATURE "' TILE :. DATE
2 STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE :: ,.
ROOM NO.
2A. CITY AND STATE
28. ZIP CODE
11174 PIPELINE AVENUE-:— -
' POMONA"" CALIFORNIA "'' =.
91766
3, ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA .:.v.-
. ROOM NO.::.:. - _
3A. CITY
- (IFANY)'._ :_,.:_. -- _' . -- .. ..- -• -
. "" =
_ _ r"^;..-' .�`_ tr _ -•r ,.e ..*?: � G.A'f:�:L�
4. MAtUNGADDRESS -
-
ROOM NO..
_
_ -.,.-. �... -
4A CITY AND STATE -•kn' -
46. ZIP CODE .:...-•,
,. •�:::� �:;�..
P . O . - BOX 9 5 7 0 ` - -. - - .. ...
ONTARIO CALIFORNIA-
_,-
1917 6 2-
4 E` . . MES'O ,� ``E;FOlL:OYVING'OFFICERS:ARE' Masi have these
�YC'a�16.•+^
ttir a office s 3i2' rrioratioris a e�j An office
.Y - S "'"'.gab..
hoid;lTlore than ane office_:Do. ot: tec,Or.Oblfterate;Prepnnted.:. (ties, RoweverYoMay'%;TiUe
• :'+a b �..'q.i+IY 'YppFi�"'
Appropriate.;. o� . out,Ccrpo[atiort„
5. _ CHIEF EXECUTIVE OFFICER/ --:- .
SA STREETADDRESS (DO NOT USE P.O. BOX)
so. CITYAND STATE .., . _..
5C. DP CODE
DANIELLE-M..-REINBERGE
11174 PIPELINE ".AVE. :.:
POMONA, `":{.:.,..,..:... ✓';-
. .CA
.91766
6. SECRETARY/ - .Y.1: :
GA. STREETADDRESS (DO NOT USE P.O. BO)) ,.
68. CITY AND STATE . -
6C. ZIP CODE _
DANIELLE_M:c.REINBERGE
R =11174,.PIPELINE-AVE. rR=�
r;POMONA,
91766.
7. CHIEF FINANCIALOFACFAI .:: ,.::': • - . ;
7A STREETADDRESS (DO NOT USE P.O. BOX)
CITY AND STATE 's :; '^a �F:.K'•'r��:t� ;4
7C. ZIP CODE •..•:./i
DANIELLE ,M _;REINBERGE
11174. PIPELINE. AVE: - :
POMONA' CA ,-
91766 -
DIRE, ORSr INClC1Dl.NG�DIRECTORS
' h+'.^v'�k: Lt_ 1
WHO ARE ALSO Of,, tAttachrysupplementarj Iistff.:necessary] a.
M,ust°have one;orm e�,dlrectors {Ghap3
�ec'� 901a,*:Corporaitons,Code)�'Statements.r%ot listing direC�ors°'"wlll bey-releced.a�,_ ;� ., = ,�
& NAME
B.A. STREET ADDRESS (DO NOT USE P.O. BOX) -
as. CITY AND STATE
80. ZIP CODE
°M `-R INBERGE
�11174''PIPELINE `AVE: •-
POMONA CA''"I _� Mom: ..^�::
91 766 r
9. NAME
• .-� .�^ 't"•'."`:, i_'.•;i
9A. S EETADDRESS NOTU
STREET DO
J. .yam .. ... :.
1:i�: Lhi:.....�.:7:' •"_':S'. _.?;i�l SE�-
_
-
,.
~--
10. NAME _:: •. -:, _...:..
10A.STREETADDRESS (DO NOT USE P.O. BOX)
1DB.CITYAND STATE = r
:IOC.ZIPCODE r-:;:;
11. THE NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY. -
AESIGNATED AGENT QR=SERVICE -OEZ ROCESS�£ Agent foc serncewof process must�jt e� pe�rsor�who si a es der i o '
�s
lrf'om oritheagent:�may;__ ,anotherporporaUon wliic��f"ias filed �_cerUfcats;pursuant'toSectl�n'7:505; Caliiomla Corporations_Cod
12. NAME :.. _.... _ :-:...
.... -may -.. .... ...,.. ...__ -. _. _.. _ .._ _. . _ :;:... .. _�?-• .._, t. ,w :': ..-. .,:?:'dam:..
13, CALIFORNIA STREETADDRESS IFAGENT IS AN INDIVIDUAL(do not use PO box) Do not intlude address I agent is a Wrporation that has tiled a oertifrate pursuant to Section 15M Corporations Code
D_ESCRIB�TYPE�OFfB.USiNESS�O.F� �' k "� � � �t
THE C ORATIO ITEM 7A. W
. _ � ._ w .
.a-
14. PE OF BUS11/^I1I1NESS 1yV1tA1, 1 _
C RECTANO COMPLETE
15. I DECLARE THAT I HAVE INED THIS ST AND THE E OF OWME�
�rr
DANIELLE M. '_ REINBERGER - PRESIDENT'.--. 0 9 / 2 8 / 9 8 :
- TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT ORIGI AL SIGNATURE TITLE -DATE
>-200 WC (REV. 7
CITY OF HUNTINGTON BEACH
MEETING DATE: 12/07/98 DEPARTMENT ID NUMBER: PW 98-091
Council/Agency Meeting Held: i,2/,7 /98'
Deferred/Continued to:
�e-P—�y City Clerk's Signature
�( Approved Conditionally Approve, ❑ D Hied
Council Meeting Date: 12/07/98
Department ID Number: PW 98-091
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City AdministratorGl� /'
PREPARED BY: hl
pMR&BERT F. BEARDSLEY, Director of Public Work§
K
SUBJECT: Authorization to Award Construction Project - Bus Stop Accessibility Project
Phase II; CC1054
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
On October 18, 1998, the City Council authorized a call for bids for the Bus Stop Accessibility
Project Phase II. Bids were received and opened publicly on November 17, 1998.
Funding Source:
SB 821 funds will be used for this project.
Recommended Action: Motion to:
(1) Accept low bid submitted by KAS Equipment and Rental, Inc., P.O. Box 9570, Ontario,
CA 91762-9570, and authorize the Mayor and City Clerk to execute an appropriate contract
for the Bus Stop Accessibility Project Phase II, CC1054, for a total bid amount of
$174,584.50; and
(2) Authorize the Public Works Department to expend a total of $196,000 to cover the
contract amount $174,584.50, estimated construction change orders of $17,500 and
supplemental expenditures of $3,915.50.
Alternative Action(s):
Reject all bids, do not proceed with construction and jeopardize SB 821 funding.
Analysis: �/� ) ?,-.-
On October 18, 1998, the City Council authorized a call for bids. Bids were received and
opened on November 17, 1998.
RCAAWARD.DOC -2- 11/20/98 7:46 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: 12/07/98 DEPARTMENT ID NUMBER: PW 98-091
On August 20, 1997, the Public Works Commission approved with a 5 — 0 vote a motion to
recommend this project to the City Council. On October 18, 1998, the City Council
authorized a call for bids. Bids were received and opened on November 17, 1998.
The objective of this program is to make as many bus stops ADA accessible as possible with
available SB 821 funds. The primary focus will be the "core stops," or those currently used by
disabled passengers.
Contract Amount
Project Change Orders*
Project Supplementals**
$174,584.50
$17,500.00
3 915.50
TOTAL $196, 000.00
*-- The amount identified includes the standard 10% limit set by Resolution Number 4896.
** -- Examples of supplementals include soils, concrete and compaction testing.
The Engineer's estimate was $192,577.00. Bids as received are listed below with the bid
amount:
CONTRACTOR BASE BID
1. KAS Equipment
$174,584.50
2. JDC, Inc.
$210,095.55
3. Civil Works Corporation
$224,229.90
4. B-1 Enterprises Corporation
$226,280.37
5. Ranco Corporation
$233,777.00
6. S. Parker Engineering
$266,611.25
7. Kovac, Inc.
$274,015.00
8. Nobest
$280,968.95
9. Damon Construction
$317,126.50
Environmental Status:
This Project has been determined to be categorically exempt.
Attachment(s):
RCA Author: Lothrop
(Corrected to $210,009.55)
RCAAWARD.DOC .3. 11/20/98 5:32 PM
. R E C E I V E 0
CITY CLERK
CITY OF
HUNTINGTON BEACH. CA
j9q8 NOV 25 P 41- 01
Mail
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Cash Contract File 1054
FROM: Doug Kato, Principle Engineer
SUBJECT: Reference Check; K.A.S. Equipment and Rental, Inc.
DATE: November 23, 1998
Questions
A: Heritage
Engineering
Al Bitetti
(909) 397-
4000
B: Brutoco
Enginnering and
Construction
Mike King
909 350-3535
1
Did the contractor work well with your
agency?
Yes
Yes
2
Did they change key personnel during the
project?
No
No
3
Where there any problems with
subcontractors or suppliers(Stop Notices ?
No
No
4
Did the general contractor work consistently
on theproject?
Yes
Yes
5
Was the project completed on time?
Yes
Ongoing
6
How was the quality of the work?
Good
Good
7
Would you hire this contractor
Yes
Yes
8
-again?
Are the contractors and subcontractors
licenses current and valid? YES
— - --
9
Are there any complaints lodged against the
contractor? NO
_
10
Comments
REFCHK.DOC
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Authorization fo Award Construction Project - Bus Stop
Accessibility Project Phase II; CC1054
COUNCIL MEETING DATE:
December 7, 1998
.. ......
RCA ATTACHMENTS:
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Resolution (w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Attached
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 Attorney)
Attached
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Attached
Staff Report (If applicable)
Attached
Commission, Board or Committee Report (If applicable)
Attached
Findings/Conditions for Approval and/or Denial
Attached
. . . .. .. ..........
. EXPLANATION FOR MISSING ATTACHMENTS
;EXPLANATION. FOR RETURN OF ITEM:
RCA Author:
• �LJ`l%LQ
Two (2) Copies to Front Desk
BUS STOP ACCESSIBILITY PROGRAM; VARIOUS LOCATIONS
CC-1054
November 17, 1998 at 2:00 PM
BID LIST
BIDDER'S NAME
RANK
TOTAL BID AMOUNT
1. 4-Con Engineering
$
2. B-1 Enterprises Corporation
q
$ 0,?CR4�;,l a 7/
3. Century Paving
$
4. Civil Works Corporation
9�
$ 4,09, T 9
5. D R Short & Associates
$
6. Damon Construction
$ a/ 7 l�jco b�
7. E. A. Mendoza
$
8. Excel Paving
$
9. Hillside Contracting
$
10. JDC, Inc.
c-
$�a �v
11. Kalban, Inc.
$
12. KAS Equipment
$ 7j s�7• �m
13. Kovac, Inc.
$
14. LGT
$
15. Los Angeles Engineering
$
16. Nobest
$��
17. Ranco Corporation
oa
$ 7 �-
18. S. Parker Engineering �denc%zcn�
$
19.
$
9
RECEIVED
CITY CLERK
CITY OF
HUNTINGTON BEACH, CA
MW NOV I I P 2: 01
t.
CITY OF HUNTINGTON BEACH kP-TD— Pod W6"-s
MEETING DATE: 10/19/98 DEPARTMENT ID NUMBER: PW 98-079
Council/Agency Meeting Held:
Deferred/Continued to:
lid" Approved ❑ Conditionally Approved ❑ Denied
Council Meeting Date
AlSAI Y -City Clerk's Si
10/19/98 1 Department ID Number:
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
600.70
1211 : 1
SUBMITTED BY: A�RRAY SILVER, City Administrator aw/
PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works
SUBJECT: AUTHORIZATION TO ADVERTISE FOR BUS STOP ACCESSIBIILTY
PROGRAM IMPROVEMENTS; PHASE II; CC-1054
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Plans and specifications for the improvement of bus stops in the Bus Stop
Accessibility Program, Phase II; CC-1054, are complete and ready for Council approval and project
bidding.
Funding Source: Bus Stop Accessibility Program grant from the Orange County Transportation
Authority.
Recommended Action: Motion to:
1: Approve plans, specifications and authorize the Director of Public Works to solicit bids for
construction of the Bus Stop Accessibility Program Improvements, Phase II; CC-1054; and
2. Approve the attached sample contract subject to award of contract to the lowest
responsible/responsive bidder.
Alternative Action(sl: Deny authorization to proceed with the contract bid and forgo the Bus Stop
Accessibility Program grant from the Orange County Transportation Authority.
Analysis:
100% OCTA Grant Funds will be used for this project. The objective of this program is to make as
many bus stops ADA accessible as possible with available funds. The primary focus will be the "Core
RCA BSAP CC1054 AUTH TO ADV -2- 10/06/98 6:30 PM
AUTHOR: KATOD
REQUEST FOR COUNCIL ACTION
MEETING DATE: RAY SILVER, City Administrator DEPARTMENT ID NUMBER:
PW 98-079
Stops", or those currently used by disabled passengers. The Engineer's estimate for this project is
$195,000.
The Public Works Commission approved a motion to recommend this project to the City Council on
August 20, 1997.
Environmental Status: The project has been determined to be Categorically Exempt pursuant to the
California Environmental Quality Act, Section 15301(c).
Attachment(s):
1 I Sample construction contract.
RCA Author: Kato
RCA BSAP CC1054 AUTH TO ADV -3- 10/06/98 6:30 PM
AUTHOR: KATOD
Sample
CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
BUS STOP ACCESSIBILITY PROGRAM IMPROVEMENTS, PHASE II (CC1054)
THIS AGREEMENT, made and entered into this day of
19 , 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 Bus Stop Accessibility Program Improvements, Phase II,
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:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, plans, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
jmp/k/g:agree/ /10/7/98
SAMPLE
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 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
imp/k/g:agree/ /10M98
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
jmp/k/g:agree/ /10/7/98
3
SAMPLE
within ( ) 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.
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SAMPLE
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
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.
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SAMPLE
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.
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.
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SAMPLE
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.
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
jmp/k/g:agree/ /10/7/98
7
SAMPLE
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
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;
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SAMPLE
(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.
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
jmp/k/g:agree/ /10/7/98
9
SAMPLE
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.
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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.
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.
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CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection
with the PROJECT, and shall provide coverage in not less than the following amount:
combined single limit bodily injury and property damage,. including products/completed
operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage
is provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and
employees as Additional Insureds, and shall specifically provide that any other insurance
coverage which may be 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:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
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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.
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 becomesinsolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such
event CITY may make good the deficiency in which the default consists and deduct the
resulting costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
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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 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.
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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.
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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 OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
I� Cit� Attorney
1 10('] leis
INITIATED AND APPROVED:
City Administrator
Director of Public Works
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Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE BUS STOP ACCESSBILITY PROGRAM IMPROVEMENTS, PHASE II (CC 1054)
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.
ENTIRETY
16
jmp/Wg:agree/10water/1017/98
SAMPLE
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Authorization to Advertise for Bus Stop Accessibility
Program Improvements; Phase II; CC-1054
COUNCIL MEETING DATE:
October 19, 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) Attached
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
RCA Author:
'.r
SECTION C
PROPOSAL
for the
BUS STOP ACCESSIBILITY PROJECT
PHASE II
CASH CONTRACT No.1054
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer..of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 45 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal. .
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
PROJECT BID SCHEDULE-—
tem
stimate
tem wit unrt;price
..,.::Extended
NO ;.
_ .Ql18Iltity
.. written inwords ..... .. _ . Uni(Price
Amount
1
1
Mobilization I
7i�Oc%Sct4
L.S.
@ SP�VP/YIT�a') Dollars
$ I---�-°O°-
$ T
0_ AJO Cents
Per L.S.
2
1
Traffic Control //
lWP4tI r/d(/-91A)6
L.S.
@ Dollars
$ O 000
$ Z0. bdO
NV Cents
Per L.S.
Construct Curb Ramp per City Std 212 or Caltrans Std RNSP
3
209
A88, Case E
Sff�
Each
Dollars
$`50�$
00 Cents
Per Each
4
1453
Construct Front Boarding Area Per Std. Plan 207
S.F.
@ _ Trr�/c E Dollars
$
r' �1'✓ Cents
Per S.F.
5
3130
Construct Rear Boarding Area Per Std. Plan 207
S.F.
@ ?`/ZFiE Dollars
$ 3. 50
$ 10
f i Cents
Per S.F.
6
2980
Construct Sidewalk Per Std. Plan 207
S.F.
@ -rwD Dollars
$ 2,g6
$ 819 4
rS�►'1 �/ Cents
Per S.F.
7
150
Construct 8" Curb and Gutter Per Std. Plan 202
L.F.
@ S f Aw Fj Vim/ Dollars
$ S eo
$ U
A%0 Cents
Per L.F.
8
200
Grind Gutter Lip at Existing Curb Ramp
L.F.
@ rwft!t(Dollars
$ 20. as
$
A/0 Cents
-
Per. L.F.
9
30
Relocate Sign
Each
@ O/V67 AIJIWAM7D 77rF7---,/ Dollars
$ i'so
$ d0
"0 Cents
Per Each
10
9
Adjust Pull Box to Grade
Each
@ Q/U t_ HCltl .-_.) Dollars
$ 1000.
$ 960.so
VO Cents
Per Each
Total Amount Bid in Figures: $ /%rj $p
Total Amount Bid in Words: ONE 4urid e S fov vsiiND
Hcmdg u 57,� hT F ,,7� - s
C-Is 0029327.01.
if awarded the Contract, t►,e undersigned agrees that in the event the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find Bi� Sow in the amount of $ v�Jr,000which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, jany:
Addenda No.
Date Received
id er' S' na re
i
11 a 98
All
;uE I2E/NG 9t-
C-2
CITY O-F HUNTINGTON BEACH
GLIP 2000 Main Street
Robert F. Beardsley, P.E.
Director
Notice To All Bidders:
P.O.Box 190
BUS STOP ACCESSIBILITY PROJECT
CASH CONTRAcr 1054
ADDENDUMNUMBER 1
November 3, 1998
California .92648
Department of Public Works
(714) 536-5431
Please note the following modifications, and/or deletions to the Specifications:
1. Replace Appendix III Table of Locations with revised Appendix III Table of Location in specifications.
All bidders shall acknowledge the receipt of Addendum Number 1 by including this letter with their bid proposal.
These revisions do not change the Bid Opening date/time for this project. Should you have any questions regarding
this Addendum Number 1, please call me at (714) 536-5214.
Principle Engineer
This is to acknowledge receipt and review of Addendum Number 1, ated November 3, 1998. The revisions discussed
and outlined in this Addendum shall be included in the project bid ents.
Company Name By DR-NIetLt Date
Page I
LIST OF SUBCONTRACTO
'In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
PortionName and Address, of Subcontractor State License: Class'
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
(I NONCOLLUSION AFFIDAV i'
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
k1a e;2 , being first duly sworn, deposes and says that he or she is
P2 5/DENT`/ S g-C,r Q of K ji.5. a0/FV14&W r J &711Ti�L. /iYC the party making the
foregoing bid that the bid id not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
CRUZ R. BORRERO
Commission # 1169955
i Notary Public - California
Los Angeles County
My Comm. Wes Jon 18. 2002
K. fi•5. rat) IPaWT M M41 /NC.
Na of Bidder
Signature of Bidder &-vaenz
?o, 8oX 9570,
Address of Bidder
Subscribed and sworn to before me this / th day of NOV
NOTARY PUBLIC
Mr
r
NOTARY SEAL
_ UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the BUS STOP ACCESSIBILITY PROJECT PHASE II, (I)(we)(it) NNill
employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any
electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,.
California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements cgntained herein.
Date: UOV• l7, lg9g
C-s
Pgei per/
Title
e.
D2 QUALIFICATION QUESTIOC14AIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COI ZNSATION INSURANCE CE1,.dFICATE
Pursuant to Section 1861 of the State Labor Code, .each contractor to %N,hom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: NOV, 17, l9'?e
C-7
Con a for
By Dg,t,Ile LLC Re-IN9E-e-GaP-
Pas /,Om
Title
,24DERGROUND SERVICE A)t.._,RT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
By,
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
C-8
(s BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
OVIPMEW7- Md.
Bidder Name
IV. 0. Boy Q570
Business Address
b NTx}- 10 L? 7,6x-9570
City, State Zip
Telephone Number
-75"? 701 {�
State Contractor's License No. and Class
07/l 3L96
Original Date Issued
Expiration Date
The work site was inspected by � ZYT�DS ENB/�UM of our office on NOV. l2L , 1998.
The following are persons, firms, and corporations having a principal interest in this proposal:
!C. A?. 5. kQ UI-PMnE4 PeA.PM4 /NC .
C-9
• The undersigned is prepu- A to satisfy the Council of the City of sntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
K A .5. 6001 PM1�-PV7_ RW-N 11V6 .
)T ajy Name
Signature of Bidder dD9-AJ1&7 [,L� f?e1NB6RC7E-.
Printed or Typed Signature
Subscribed and sworn to before me this /7 day of D V . , 199 g.
CRUZ R. BORRERO
Commission # 1169955
-d Notary Public - California
_ Los Angeles County
NOTARY PUBLIC My Comm. bores Jan 18. 2=
.c'•ocec�. or�.� �c,a�� NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1. (, & hp-m (bP-PiJ• W P16IN��5 . D. fps( 5�7// L05 Aitl6��, Chi' �I0053/
Name and Address of Public AgencyYBRVt-Y0 FNS COiV-6r. /80. RO. 86X 4a9 9,2T!}
W/A4 G-
Name and Telephone No. of Project Manager: ()Y520" �31 M/�� �/N6`7 �`
9
ki
1, 5161- 00I , 0 CDNGkrf -5 RWf 25T IAIAL-16 51-/1L la ?QDVE�5
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
C-10
Date Completed
Date Completed
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 2:00 P.M. on November 17, 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
$5.00 nonrefundable fee if picked up, or payment of a $15,00 nonrefundable 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.
A-1
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 accordarice 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 19th day of October 1998
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
0
I.6A
CITY OF HUNTINGTON BEACH
TO THE. HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
Incompliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned. agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer -of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 45 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents.. If this proposal is
accepted for. award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT: It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
13
C-1
PROJECT BID SCHEDULE
item
Nb
tsttmated
Quantity
Item:with untt Brice
written m words
Unit Price
_ ..
end e
Amount
1
1
L.S.
Mobilization
@ Dollars.
$
$
Cents
Per L.S.
2
-
1
L.S.
Traffic Control
@.:. :.Dollars
$
$ -
Cents
Per L.S.
3
209
Each
Construct Curb Ramp per City Std 212 or Caltrans Std RNSP
A88, Case E
@ Dollars
$
$
Cents
Per Each
4
1453
S.F.
Construct Front Boarding Area Per Std. Plan 207
@ Dollars
$
$
Cents
Per S.F.
5
3130 .
S.F.
Construct Rear Boarding Area Per Std. Plan 207
@ Dollars
Cents
Per S.F.
6
2980
S.F.
Construct Sidewalk Per Std. Plan 207
@ Dollars
Cents
$
$
Per S.F.
7
150
L.F.
Construct 8" Curb and Gutter Per Std. Plan 202
@ Dollars
$
$
Cents
Per L.F.
8
200
L.F.
- _
Grind Gutter Lip at Existing Curb Ramp
@ Dollars
$
$ !
Cents
Per. L.F.
9
30
Each
Relocate Sign
@ Dollars
$
$
Cents
Per Each
10
9
Each
Adjust Pull Box to Grade
@ Dollars
$
$
Cents
Per Each
Total Amount Bid in Figures: $
,Total Amount Bid in Words:
C-Is 0029327.01
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find in the amount of $ which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY.. (Please insert the words "Cash", "Certified -
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
A�dend�r No: Date_Received Bidder s:Signatcrre7771
.Al
C-2
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion_ of
the work to be done by such subcontractor.
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
I have received Payment Bond No. CB 025921 National American Insurance Company
KAS Equipment & Rental, Inc.
Re: CC-1054 Bus Stop Accessibility Phase II
Dated:
By:
I have received Bid Bond for Civil Works Corporation, First National Surety — J.D.C. Inc..
Bond No. 50408-585 Developers Insurance Company — S. Parker Engineering, Inc.,
Bond No. SD00011910-79, Frontier Pacific Insurance Company — Ranco Corporation
Bond No. 3SM77425400, American Motorists Insurance Company — Nobest
Incorporated, Contractors Bonding and Insurance Company — Kovac, Inc., Insurance
Company of the West — Damon Construction Co., Insurance Company of the West — B-1
Enterprise Corporation, Bond No. 20755-292, Indemnity Company of California — KAS
Equipment & Rental, Inc. National American Insurance Company.
Re: CC-1054 — Bus Stop Accessibility Project Phase II
Dated:
By:
7-�.,'.^-. �.Z wi-T•��'�w�v�l./�.�r�•�r'.� --
BOND NO, CB 250904
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we KAS Equipment & Rental, Inc.
as PRINCIPAL, (hereinafter called the Principal), and National American Insurance Company
a corporation duly organized under the Nebraska and authorized to transact
a general surety business in the State d Cam**--!a,� SURETY, '(here i nafter called the Surety), are held firmly bound unto:
City of Huntington,Beach ,
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not,
however, in excess of Twani•y Fi vP Thrrnisand and nta.l1 00*********************** dollars,
(S ik for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work,.or
(2) the furnishing of the specified goods, supplies or products, to -wit:
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times 'permitted therefor, but shall
duly make and enter into a written contr ac: vvith the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such ccn.tract forms are presented to
the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay :•o the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penai sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Cartified Copy
of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 1 R day of November 1998
KAS Equipment & Rental, Inc.
BY
Danielle Reinberger
Principal
Nat io 1 American Insurance Company
B Y-
Pa rieia Zenizo, Attorney -in -Fact
CALIFORNIA ALL-PURPCISE ACKNOWLEDGEMENT
State of California
amour ry of Los -Angeles
Or, 1 1 / 1 3198 be4ore- me, Pietro Micciche
7ATr - .NAME, 1TILE OF CFFICEA • E.G. 'JANE DOE. NOTARY PUBLIC'
personally appeared... Patricia Zenizo
NAMEM OF SIGNEMS:
;X oersonally known to me - OR - ;) -roved to -ne on the basis of satisfactory evidence
to be .the person(s) whose namets) is/are
subscribed to the within instrument and ac-
knowiedged to me that he/she/they executed
the same in hisiher/their authorized.
capacity(ies), . and that by his/her/their
PIETAO MICCICHE signatures) on the instrument the person(s),
Comm, t 1105789 or the entity upon behalf of which the
NOTARY. PUBUC • CALIFORNIA W
•" l� Aflp� Cperson(s) acted, executed the instrument. • oagy
WITNESS rn hand and offical seal.
i
SIGNATURE OF NOTARY
OPTIONAL
Though *'is aata below is not required by law, a may -rove valuable To persons relying on The documenr ana could prevent
fraudulent reattachment of this tcrm:
CAPACITY CLAIMED BY SIGNER
IND!VIDUAL
COP.POF(ATE OFFICER
TITLES)
I PAR`NER;S; [ ) LIN411 ED
[ 1 GENEPAL
1 i A`-'ORNEY-�N-FACT
I TRUSTEE(S)
1 GUARCIAWCONSERVATOR
OTHEF.:
SIGNER IS REPRESENTING:
4AME O` PE9SOM15) OR EK4TvnE57:
150
DESCRIPTION OF ATTACHED DOCUMENT.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SiGNER(S) OTHER THAN NAMED ASCVE
NATIONAL AMERICAN INSURANCE COMPANY PONVER OF ATTORNEY
OMAHA, NEBRASKA
PRINCIPAL ?(AS F.czu i nm -nt & Rc_nta 1 Tnc _ EFFECTIVE DATE 11117198
11-174 Pipe DD P<rMgP#—CA-9,1' A6
I s?' i a, 0PCCCE
CONTRACTAMOUNTa250j,000*************************AMOUNTOFBONDS 10% of. Amount of B-i
POWER NO.
CB 025903
KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the
laws of the State of Nebraska, having its principal office in the city of Chandler. Oklahoma. pursuant to the following resolution, adopted by
the Board of Directors of the said Company on the 8th day of July, 1987. to wit:
"Resolved, that arty officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as
Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to am such Power of Attorney or
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American
Insurance Company dos hereby make, constitute and appoint PATRIC A Z7_NIZO OR PIETRO :'.ICCICHE _
State of CALIFORNIA
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute,
acknowledge and deliver in its behalf, and its act and deed, as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed b%
the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
NATIONAL AMERICAN INSURANCE COMPANY
`G p.N OR"
I
iSFAi, W. Brent LaGere. Chairman & Chief Executive Officer
o
vby
O A,AMA
NERRASFP .
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose
and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National
American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said
corporation and that he signed his name, thereto by like order.
G" OTAq F9
ausuc Notary Public
AkO
'STD E `0- My Commission Expires August 31, 1999
el 0 LAM00 -C
NCOtN COIN
STATE OF OKLAHOMA )
COUNTY OF LINCOLN ) SS:
1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of Chandler. Dated the 13 day of A J1I-Z,.L/sg 19
Q\CpN INSUg4 //
�(4 `OpPORq t� yC, ��Yl /� — -
Q T
Winifred E. Mendenhall, .Assistant Secretan
i SEAL 2
o e
a
04AS
NERRAS^P
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On November 17 1998 before me, Cruz R. Borrero, Notary Public
a e Name 5no I Me —ofOfiicer e.g., -Jane Doe, Notary Public")
Personally appeared Danielle Reinberger
Name(s) of bigner(s)
CRUZ R. BORRERO
. r Commission # 1169955
Z s Notary Public - California
Los Angeles County.
MY Comm, Eiires Jan 18, 2M2
-U-1i
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to•be the person() whose nameW is4a;e subscribed to the
within instrument and acknowledged to me that h4idshe4hey
executed the same in her/# authorized capacity(},
and that by her/#€ signature() on the instrument the
person(), or the entity upon behalf of which the personal
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Signature Of o ary u is
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.
Description of Attached Document
Title or Type of Document: Bid Bond
Document Date: November 13, 1998 Number of Pages: 1
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
.Signer's Name: Danielle Reinberger
Me
Individual
Corporate Officer
Title(s): President / Secretary / Treasurer
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
TrusteeRIGHTTHUM_
PRINT
Guardian or Conservator OF SIGNER
Other: Top of thumb here
Signer is Representing:
KAS Equipment and Rental, Inc.
Signer's Name: N/A
Individual
Corporate Officer
Title(s):
Partner -- ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Top of thumb here
SECTION C
PROPOSAL
for the
BUS STOP ACCESSIBILITY PROJECT
PHASE II
CASH CONTRACT No. 1054
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer of
the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 45 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
OJEUT BID
1
1
L.S.
Mobilization , /
@ Se eMTee 4l � �sy Dollars
$ I�
$ _ lT
I-ey— /A9 Cents
Per L.S.
2
1
L.S.
Traffic Control U
@ _�iye t -f' / y Dollars
$ O DOO —
$ _ Z4ot bap
NZ) Cents
Per L.S.
Construct Curb Ramp per City Std 212 or Caltrans Std RNSP
3
209
Each
A88, CaseeEE /� �% _f r
@ rOy4 rl00/J `�y %�Ftj� Dollars
$ ��.�'
(�
$ '1 05
00 Cents
Per Each
4
1453
Construct Front Boarding Area Per Std. Plan 207
S.F.
@ TrrOre- Dollars
$ 3,450
$ 5Oo5
r, Pry Cents
Per S.F.
5
3130
Construct Rear Boarding Area Per Std. Plan 207
S.F.
@ TY/ZF E Dollars
$ 3.50
$ 10. q S
f ,, ' Fry Cents
Per S.F.
6
2980
Construct Sidewalk Per Std. Plan 207
S.F.
@ Dollars
$ 2,86
$ 9 4 -
Cents
Per S.F.
7
150
Construct 8" Curb and Gutter Per Std. Plan 202
L.F.
@ -C ixy Fi of./ Dollars
$ s, eo
$ 9.
ND Cents
Per L.F.
8
200
Grind Gutter Lip at Existing Curb Ramp
L.F.
@ 7 wii N Dollars
$ 20. by
$
-
k/O Cents
r-
Per. L.F.
9 30 Relocate Sign
Each @ OIV67 4tJ/7doWD Fr F7 \/ Dollars $ l 50 $ 00
"0 Cents
Per Each
10 9 Adjust Pull Box to Grade j
Each @ DN C 'HVIIy/��.� Dollars $ 100 $ Roo.
N0 Cents
Per Each
Total Amount Bid in Figures: $ /-7Gj $p
Total Amount Bid in Words: cX)p, s4v dt: S 29tJ716USIWb
vcl Ht/rick E 6,1GrT F c#�
C-Is
0029327.01
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void.
Accompanying this proposal of bid, find Bi� Ford in the amount of $ �5,000. °�. which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
2E/NG aZa
G2
%-j a CITY OF HUNTINGTON BEACH
2000 Main Street
Robert F. Beardsley, P.E.
Director
Notice To All Bidders:
P.` -.Box 19`0
BUS STOP ACCESSIBILITY PROJECT
CASH CONTRACT 1054
ADDENDUM NUMBER 1
November 3, 1998
Please note the following modifications, and/or deletions to the Specifications:
California 92648
Department of Public Works
. (714) 536-5431
1. Replace Appendix III Table of Locations with revised Appendix III Table of Location in specifications.
All bidders shall acknowledge the receipt of Addendum Number 1 by including this letter with their bid proposal.
These revisions do not change the Bid Opening date/time for this project. Should you have any questions regarding
this Addendum Number 1, please call me at (714) 536-5214.
Principle Engineer
This is to acknowledge receipt and review of Addendum Number 1, ated November 3, 1998. The revisions discussed
and outlined in this Addendum shall be included in the project bid ents.
4/ � - 5 - LS Q UIRNM7- ROJW, We- , --0 ///
Company Name BY Date
Page l
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
000C
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
DAN1r/d�Ee-Z , being first duly sworn, deposes and says that he or she is
Q' E (L of �L!�,5. 'tll/'NJMr�,(��UJ7�,/Xethe party making the
foregoing bid that the bid id not made in the interest of, or on the behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
K. A•5. Xat)1p1v1WT j M/-#/ / /NC.
CRUZ R. BORRERO N of Bidder
Commission # 1169955
Notary Public - Colifomia
los Angeles County
My Comm. Epires Jan 18, 2002
Signature of Bidder D�}�,//L(E 81nl6C�CZ.
80X 95"70> �1o,
Address of Bidder
Subscribed and sworn to before me this /'t&-day of NOV.
NOTARY PUBLIC
NOTARY SEAL
. • UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the BUS STOP ACCESSIBILITY PROJECT PHASE II, (I)(we)(it) will
employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any
electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,
California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: NOV. /7, /q9g
C-5
KA.5.
By ELLS ;?E"/N,9&W6vEr,
Pae/ ve-or/ &5v4emg
Title
e.
DISQUALIFICATION QUESTIONNAIRE
S`
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes X No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Ale
By D4tJ15F-LL-e
Pas /Dm rl,5FGgeiq y
Title
NOV,
17,
l 9' qe
Date:
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms may be obtained from the AGENCY
upon request.
C-8
,- BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
0�6, 'raVtPMF,-Wrd k�wnoy�L� Md.
Bidder Name
P 0. 90V Q570
Business Address
b n17IW O C� �I17,6X-9s'70
City, State Zip
(goq ) 61079- 6'218
Telephone Number
76-1-701 P
State Contractor's License No. and Class
07/l -3 :.
Original Date Issued
Z -7tI04
Expiration Date
The work site was inspected by I-tM1 RR6E7'1i3,' IVM of our office on A/0Y 1990.
The following are persons, firms, and corporations having a principal interest in this proposal:
C-9
_-The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Co a y Name
Signature of Bidder �9Nl�LGC_ f? NBU�rZ
Printed or Typed Signature
Subscribed and sworn to before me this /7 day of V. , 199 g.
NOTARY PUBLIC
CRUI R. BORRERO f
Commission # 1169955 =
_s Notary Public - California
Los Angeles County
My Comm. bores Jon 18.2002
.e, Bo.ee�-.e�1 .c%n���G- NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
2.
3.
Dr-P& iN S . D. $D� 5-VI/I, LQ5 ,4iy6 b, ( 900 /
Name and Address of Public Agencyy Bi Utn XW6- 4 COAT 5T / NC . RO. 13OW 9a 9 9 3 AW16j-
Name and Telephone No. of Project Manager: (9R)3.50-3s36 OleiF Ie/N67
1, 081, lO� CDNC,i 7'� �T 1�i�L15 �T/1L W ?RMV i "
Contract- Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
C-10
Date Completed
Date Completed
KAS E UIPMENT AN
D RENTAL, INC.1
,.
Post Office Box 9570 o t 0 ice B ..: , .._.
Ontario, California 91762-9570