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HomeMy WebLinkAboutKAS EQUIPMENT AND RENTAL, INC - Construction of Pedestrian Beach Access Ramp - CC-1022 - Seapoint Street and Pacific Coast Highway 4/5/99 Notice of Completion 12/8/99 - 1999-04-05City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC 1 O Z 9 DATE: 72 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. DAN T. LLELLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: 2 28 =14 OBERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: a CONNIE BROCKWAY, Ti y Clerk I certify that there are no outstanding invoices on file. Date: SkJAF-4fFR I NRICH, City Treasurer 10,% Retention Payment 06/08/99 12:54 PM DECLARATION OF SATISFACTION OF CLAIMS I, M1 •K ; Cj . �iQ u/IP M(,:-7N 7- state. I am the general contractor for the City of Huntington Beach, as to the project more fully VkA Ft (2. C-0A5T WC-rt-fVVX_\I 0 described in the public works contract entitled 9:5'�D 1 N T PM . 960r:r�T` !I N W , f nn PA -MP) CGS 1022. and dated 1 � � vl 2. All-, orkers 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 with Notices to Withhold, which have been filed under the proNisions of the statutes of the State of California: (if none, state `NONE") under peen�altyy of perjury that the foregoing is true and correct. at V�'" A CALATt�%l� Aon this ��ay of t4'DyOVI6Q i1-9� (Signature of Contractor) g:cc\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 -PA.GI Flc cok-bT Hi C Hvi&y 6il�VO I Ni T AV45-. P(-f7t5kt-J QA, M f� Project No. -kk l©2.2 Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by an}, 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 contractor training program provisions applicable to the wage rate paid. Signature and Title QVJML-) I tq C' g:cc cashconI h Interdepartmental Communication HUNTINGTON BEACH TO: Shari Freidenrich, City Treasurer FROM: Christine Cleary Deputy City Clerk DATE: February �6, 2000 SUBJECT: Maintenance Bond I have received Maintenance Bond No, CB 028060, K.A.S. Equipment & Rental, Inc. RE: City Clerk Vault File No. KA 600.70. Approved by Council to file a Notice of Completion on 12/6/99. Attachment G:/cc/Bondreceipt Cbmem/deedcenco:jc SENT' BY:FAlk 14EST SURETY 00- 6-09 : 16:00 GLENS- 3108227292;# 1l 1 BOND NO: CB 028060 PREMIUM: Included in P-et.'UMcn Vden mwt,Performance Bond, bale at $W01 s euRea relc. MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, K.A.S. Equipment & Rental, Inc. Companv (hereinafter called Principal, as Principal, and .National American Insurance , a corporation organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of Ca_lj nia , (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach hereinafter called Obli gee), in the sum onety-Seven Thousand, Five Hundred { 9 Fifty era nnl10Q--------- DOLLARS($ 97,550.00 ), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well end truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated April 5 - 1999 for Seapoint Avenue Pedestrian Ramp, CC 1022 and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, Bald contract was completed and accepted on _December 6, 1999 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee,any defects which may develop during a period of Twelve (12) months from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obilgation shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF February 2, 2000 r•0 BF-A301 a (WIS) K.A.S. tQIPM1< & E INC. Pft pal By: Danielle Rein erger, resi en slvua� >,_t�orney NATIQNAL_AMERICAN INSURANCE COMPANY By: Patricia Zenizo, Atto ne n- act °a Received: 10/06/.99 04:17:30 From: 8182463645 NATIONAL- AMERICAN &PURANCE COMPANY OWER OF ATTORNEY OMAHA, N79RASKA PRINCIPAL K.A.S. Equipment & Rental, Inc. EFFECTIVE DATE Dec. 6, 1999 11174 Pipeline Ave., Pomona, CA 91766 (STREET ADDRESS) (CITY) (STATE) 0P CODE CONTRACT AMOUNT $97,550.00 AMOUNT OF BOND $ 97, 550.00 POWER NO. CB 028060 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 auy officer of the Company shall have authorinv 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 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 dots 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 ($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 by 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 pN INSV9 iiCJ P(yP COPPO Rq tF qyO SEAL a W. Brent LaGere, Chairman & Chief Executive Officer o e a Ybti OMA"A NEBRASK 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. Mi,� �NpA G�• pTA,9 F,D PUBLIC Notary Public ' AND ` STATE ATE OF My Commission Expires August 31, 1999 e, C (A NOTP•i NOON COIN STATE OF OKLAHOMA) SS. COUNTY OF LINCOLN ) I, 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 2nd day of February ?00 Y(`P COPPOA4 tF, TP I Winifred E. Mendenhall. Assistant Secretan = SEAL cc O D a ry ! OMANA A'EBRASf,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California -ounty of Los Angeles On February 2, 2000 before- me, Pietro Micciche 0ATr NAME, Tr%-1 OF CFFlaA . c.G. '.:ANE DOE. NOTARY Puauc' personally appeared. _ Patricia Zenizo 4AN165) OF SIGNERM fy personally known to me - OR proved to me on the basis of satisfactory evidence to oe the person(s) whose camels} is/are subscribed to the within instrument and ac- knowiedged :o me that he/she/they executed :he same in hisiher/their authorized capacity(ies;, . and that by his/her/their signa-%re(s) on the instrument the person(s), or the entity upon behalf of which the Person(s) acted, executed the instrument. WITNESS my hand and officai sea(. .... RIETRO MICCICHE NOTARY PUBLIC • CALIFORNIA U! Los Angeles County '" +• �' N1y Comm. Expires JWy .15,1000 `''� SIGNATURE CF NOTARY ummsm OPTIONAL Though the data below is not reauvee by law, it may prove vaivaole to persons retying on the document and could [prevent frauduient reanachment of "is form.' CAPACITY CLAIMED BY SIGNER I INDw1CUAL ( 1; CORPORATE OFFICER T1TLE(S) ( 1; P.ARTNER;S;.. [ 1, LIMA ED ( 1 GENERAL AT-70RNEY-IN-FACT [ I TRUSTEE(S1 ( I GUARD IAN/CDNSERVATOR 1 OTHI—R: SIGNER IS REPRESENT ING: mAuf OF PLRSOh131 OR E41"M'(e5): 150 DESCRIPTION OF ATTACKED DOCUMENT. TITLE OP. TYPE OF DOCUMENT NUMBER OF PAGES OATE CF 0OCUMENT SIGNER'S) OTHER THAN 'NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of San Bernardino vvyyII � On ✓L�7 Loo before me, Maraaret Candelaria. Notary Public . Me Name ana i ale of Ufficer (e.g.,'Jane Uoe, Notary Fluonc Personally appeared Danielle Reinberaer Name(s) of a,gner(s) AMRGAREf CANDECARIA Commission # 1192272 z '"ram Notary Public - Caiifornia Z San Bemardino County N"y Comm. 8VTes Au.D 6, 2002 _rsonally known to me croved to me on the basis of satisfactory evidence to be the person( whose name(s4 ism subscribed to the within instrument and acknowledged to me that 4r.:she executed the same in 4is:her authorized capacity4a64, and that by 4is:her signatures} on the instrument the person(64, or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. Signature of NOWY IjU011C 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: MAIAl�vI�7vC 15- QONt') Document Date: D2/O�L/00 Number of Paces: Signer(s) Other Than Named Above: AI"rP—IGI * zemzo Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberaer I owl Individual Corporate Officer Title(s): President / Secretary / Treasurer Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator WT.p Other:umb here Signer is Representing: KAS Eauioment and Rental. Inc. Signer's Name: N/A Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee n Guardian or Conservator Other. Top of thumb here Signer is Representing: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the Coulp of Orange, California Gary' IIIIIIIIIII IIII I IIIIIGranville, Clerk/Recorder Ce� IIIIII III N rr 005 14029883 149990854317 12;37pm 12/16/99 61 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY.GIVEN-by thc_City-of Huntington Beach, m�mer 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, Inc., who was the company thereon for doing the following work -to -wit: Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project — CC-1022 That said work was completed December 6, 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, December 6,.1999. Tliat.upon said contracf 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 8th day of December,1999. �o K_;nLc City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, 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 Coiinty by said City Council. Dated at Huntington Beach, California, this 8th day of Dec6iber,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 i This document is solely for the official business of the City of Huntington Bes:c1n, as contern- Piated Under Government Code '3ec. 6103 and should be recorded free of charge. �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFOR N[A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 8, 1999 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure: Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project — CC-1022 (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, Inc., who was the company thereon for doing the following work to -wit: Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project — CC-1022 That said work was completed December 6, 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, December 6, 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 8th day of December, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, 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 8th day of December, 1999. (_�� &I (� r� 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 This document is solely for the of''cial business o; t�j^ Ci- y of i- umiington Beach, as contem- P!Rtc4 Linder Government Code Sec. 6103 and should be recorded ea QQ of Charge. • • PROOF OF PUBLICATION STATE OF CALIFORNIA) County of Orange I am a Citizen of the resident of the Cou over the age of eighte Ss. United States and a my aforesaid; I am en years, and not a party to or interested in the below entitled matter. 1 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: February 4, 1999 February 11, 1999 February 18, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 18, 199 9 at Costa Mesa, California. Signature SECTION A NOTICE INVITING SEALED BIDS for the Pedestrian Access Ramp 0 Seapoint Street CASH CONTRACT No. 1022 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 pr�'ect 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 PM on Febru- ary 24, 1999. Bids will be publicly open in the Council Chambers unless other- wise 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, Hunt- Ington Beach, CA 92648. upon payment of a $10.00 nonrefundable fee if PPicked up, or payment of a 520.00 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 min- Imum prevailing rate of per them 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 ma substitute an escrow folder 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 nInterest thereon. he AGENCY hereby af- finnatfvely 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 con- sidered unless it is prepared on the approved Proposal forms In con- formance with the Instruc- tions to Bidders. The bid must be acconr panled by a certified check, cashiers check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful 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 opening. The successful Contractor and his subcon- tractors will be required to possess business licenses from Me AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any Ir- regularity and to take all bids under advisement for a maximum period o1 60 dayys. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA the 19th day of January 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley In- dependent February 4, 11. 18. 1999 021-511 9 0 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; 1 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: February 4, 1999 February 11, 1999 February 18, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 18, 199 9 at Costa Mesa, California. Signature SECTION A NOTICE INVITING SEALED BIDS for the Pedestrian Access Ramp 0 Sk:apoint Street CASH CONTRACT No. 1022 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 project and will receive such bids In the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 9260, up to the hour of 2:00 PM on Febru- ary 24, 1999. Bids will be publicly open In the Council Chambers unless other- wise 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, Hunt- ington Beach, CA 92648. upon payment of a $10.00 nonrefundable fee if PPicked up, or payment of a 320.00 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 min- imum prevailing rate of per diem wages for -each craft, classfflca .on 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 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 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 con- sidered unless It Is prepared on the approved Proposal forms In con- formance with the Instruc- tions to Bidders. The bid must be accom- cnid bya.Ifed check, heor bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful 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 opening. The successful Contractor and his subcon- tractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any ir- regularity 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 January 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley in- dependent February 4, 11. 18, 1999 021-511 SECTIObL_A CITY CLERK OF THE NOTICE INV Wir- CRY OF SEALED BIDS HUNTINGTON BEACH tUEY for the Published Huntington Pedestrian Access Beach -Fountain Valley In- dependent February 4, 11, Ramp 0 Seapoint 18, 1999 Street 021-511 CASH CONTRACT No. 1022 0611 ugfit In the CITY OF HUNTINGTON BEACH BEACH • COSTA MESA PILOT PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated project 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 PM on Febru- ary 24, 1999. Bids will be publicly open in the Council Chambers unless other- wise 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, Hunt- ington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee it picked up, or payment of a $20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will r Advertiser • Client Reference # Independent Reference # incorporate the provisions of the State Labor Code. Pursuant to the provisions Enclosed lease find clipping of our ad from the of the Labor Code of the P PP g Y State of California, the min- St publication, beginning imum prevailing rate of per diem wages for each craft, ciassification or type of , workman needed to ex- If you need to make any changes or corrections, acute the contract shall be those determined by the lase call me at your earliest convenience. Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the The cost of this publication Will be $ a �� office of the Director of Public Works, 2000 Main Street, Huntington Beach, Thanks for our cooperation and patronage. CA s2saa. Y P P 9 The AGENCY will deduct a 101,6 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 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. d ed of ' 0£ Io ne!i ul )Peglas lucNq- tpu! l I IOOI £Z a ep!n0,1! in u uaQ :l e� aIddV, s :(Not. -140V 39VUVEJ S�tS0181- r;Z-B6 'dN 3a sY4 V6uiM -pI ayl uo 6uueaq o!Ign 1- e PIOU II!M Joleiis!u!wp -lunH , ea 1SWu eW uo� -Iun!g 1 9-B wools agl ul Wd 0£ 1e '6661 I V4 Er" N3!\I -saupeM 1.83a3H SI 3 NOV38 NO LONLLNni 30 AI13 314l jo Nvtvtytan.r..I cJNIN02 3H13>:l033 lowklvaH O11t"Id , Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (774) 965-7174 FAX Sincerely, �7udy O tting Manager , Legal Advertising Department � �ew,o �TY OF HUNTINGTON BEA� P� MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PW 99-125 Council/Agency Meeting Held: red/Continued to:prov d ❑Conditionally Approved ❑Denied X 400. 70 -2P41City Clerk's Signature Council Meeting Date: December 6, 1999 Department ID Number: PW 99-125 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION _ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS QUB-MITTED BY: RAY SILVER, City Administrator ow-/ s PREPARED BY , ,f ROBERT F. BEARDSLEY, Director of Public Works — � .J )' SUBJECT: Accept the Seapoint @ Pacific Coast Highway Pedestrian Access Ramp Project CC-1022, 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 Seapoint @ Pacific Coast Highway Pedestrian Access Ramp Project CC-1022. Funding Source: Sufficient SB 821 and California State Coastal Conservancy Grant funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Seapoint @ Pacific Coast Highway Pedestrian Access Ramp Project CC- 1022 at a final cost of $100,412, and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On April 5, 1999, the City Council awarded a contract to KAS Equipment & Rental, Incorporated, in the amount of $97,550 to construct the Seapoint @ Pacific Coast Highway Pedestrian Access Ramp Project. The adopted project budget also included $9,755 to cover potential change orders and $5,000 for supplemental expenses, for a total of $112,305. 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. 1022/notice of completion/rca -2- 11/22/99 2:26 PM sib R�QUEST FOR COUNCIL ACTIN MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PW 99-125 The following is a summary of the final project costs: Council Approved 1. Contract amount: $97,550 2. Change orders: 9,755 Project Construction Costs: $107,305 3. Supplemental Expenses: 5,000 Total: $112,305 *Final material quantities were greater than estimated. Actual Expenditures $100,412* 0 $100,412 4,950 $105, 362 Public Works Commission Review: The Commission reviewed and recommended City Council approval of the project. Environmental Status: Not applicable. Attachment(s): RCA Author: Charlonne: 1022/notice of completion/rca -3- 11/22/99 2:26 PM 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Seapoint @ Pacific Coast Highway Pedestrian Access Ramp Project CC-1022, and File a Notice of Completion COUNCIL MEETING DATE: December 6, 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 FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR' RETURN.OF ITEM: CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTLNGTON BEACH DATE: A)A 9 % TO: A.5 • — r je ATTENTION: �c)7/;9 1 41�4serf Name nn Q , O DEPARTMENT: scree p ; Ynzag/ D , </F. g/ REGARDING: ee /Do10'? /�drs�yi a Y7 City, State, Zip eess /ZN /(dam � JP�o� CSf See Attached Action Agenda Item �� Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 2wA�'11�64-17 Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance _ RCA Deed Other _ CC: 3dM��%� ✓ Name, Department � -Je RCA Agreement Insurance / Other N Depart(m( t RCA � Agreement ✓ Insuranc% Other � Name Department RCA Agreement Insurance Other Name � _ � y� Department RCA Agreement Insurance Other � Risk Management Dept. Insurance Received by Name - Company Name - Date GTollowup/coverltr (Telephone: 714-536-5227 ) l Bea xedsluq _ DPW Cl,tr/ ,� � _ P•� Council/Agency Meeting _ Deferred/Continued to: UApproved ❑ Conditionally Approved ❑ Denied RATA F? -Yrd P - Wf'' Council Meeting Date: 4/5/99 1 Department ID Number: PW 99-23 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION � C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS m n SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: (aROBERT F. BEARDSLEY, Director of Public Wor s� RON HAGAN, Director of Community Serviced SUBJECT: Authorization to Award Construction Contract for the Pb`E1esArian Beach Access Ramp at Seapoint Street and Pacific Coast Highway, CC 1022. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Aftachment(s) Statement of Issue: Bids were received on February 24, 1999 for the Pedestrian Beach Access Ramp, CC 1022. Staff is recommending award to the lowest responsive/responsible bidder. Funding Source: The construction will be funded from the following two grant sources: 1. California State Coastal Conservancy - Public Access Grant Program $68,000 2, Orange County Transportation Authority - Bikeways & Pedestrian Facilities Program (SB 821 - Local) $44,305 Project Total: $112,305 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 the construction contract for the Pedestrian Beach Access Ramp, CC 1022, for a total bid amount of $97,550; and 2. Authorize the Director of Public Works to expend a total of $1 12,305 to cover the contract amount $97,550, estimated construction change orders of $9,755 and supplemental expenditures of $5,000. Alternative Action(s): Reject all bids, do not proceed with construction and forego SB 821 and Coastal Conservancy funding. Analysis: On January 19, 1999, the City Council authorized a call for bids for Pedestrian Beach Access Ramp, CC-1022. Bids were received and opened publicly on February 24, 1999. N M The objective of this project is to provide ADA accessibility to the pedestrian beach trail from the. intersection of Pacific Coast Highway and Seapoint. Contract Amount $97,550 Project Change Orders $9,755 Project Supplementals $5,000 TOTAL $112,305 Examples of supplemental expenditures include soils, material testing, and compaction testing. The Engineer's estimate was $88,000. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: GENERAL CONTRACTOR BID AMOUNT 1: KAS Equipment............................................................ $97,550.00 2. Excel Paving Co............................................................ $109,010.00 3. Golden Sun Construction........................:...................$128,028.00 4. 4-Con Engineering, Inc . ............................................... $128,447.00 5. S. Parker Engineering Co..............................................$140,158.02 6. Amtek Construction..................................................... $148,176.61 Environmental Status: • This Project has been determined to be categorically exempt. Attachment(s): None CC-1022 -Award RCA -3- 03/24/99 9:45 AM 0 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND K.A.S. EQUIPMENT RENTAL, INC. FOR THE PEDESTRIAN ACCESS RAMP AT PACIFIC COAST HIGHWAY AND SEAPOINT STREET (CC 1022) 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 4 5. TIME OF THE ESSENCE 4 6. CHANGES' 5 7. NOTICE TO PROCEED 5 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 12 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 13 22. DEFAULT & TERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 14 24. NON -ASSIGNABILITY 14 25. CITY EMPLOYEES AND OFFICIALS 15 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 27. NOTICES 15 28. CAPTIONS 15 29. IMMIGRATION 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ATTORNEY'S FEES 16 32. ENTIRETY 16 g/agree/jmf/jn/kas 1022/03/23/99 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND K.A.S. EQUIPMENT RENTAL, INC. FOR THE PEDESTRIAN ACCESS RAMP AT PACIFIC COAST HIGHWAY AND SEAPOINT STREET (CC 1022) THIS AGREEMENT ("Agreement") is made and entered into this day of #1A1L 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and K.A.S. EQUIPMENT 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 the pedestrian access ramp at Pacific Coast Highway and Seapoint Street (CC 1022) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully g/agree/j mf/j n/kas 1022/03/23/99 • • completing the work within the stipulated time and in the manner shown and described in this c 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; 2 g/agree/j mf/j n/kas 1022/03/23/99 D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 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 Ninety- 3 g/agree/j mf/j n/kas 1022/03/23/99 • • Seven Thousand Five Hundred Fifty Dollars ($97,550.00), 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 the PROJECT to completion within thirty (30) consecutive working 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. 4 g/agree/j mf/j n/kas 1022/03/23/99 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 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. 5 g/agree/j mf/j n/kas 1022/03/23/99 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 (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one -hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 6 g/agree/j mf/j n/kas 1022/03/23/99 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 working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) 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. 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. 7 g/agree/j mf/j n/kas 1022/03/23/99 C7 • 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 -I 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 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 8 g/agree/j mf/j n/ka s 1022/03/23/99 • 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. The 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, 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 9 g/agree/j mf/j n/kas 1022/03/23/99 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, 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 the 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 bylaw, 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 in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an 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 10 g/agree/j mf/j n/kas 1022/03/23/99 • C] employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employeesagainst any and all liability, claims, judgments, costs and demands, however caused, includingthose resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole -cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 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 11 g/agree/j mf/j n/kas 1022/03/23/99 against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR -shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and 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 12 g/agree/j mf/j n/kas 1022/03/23/99 • • applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the -required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. - - shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." 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. 13 g/agree/j mf/j n/kas 1022/03/23/99 • • A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not.to terminate this Agreement; in such event CITY may make good the deficiency in which the -default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 14 g/agree/j mf/j n/kas 1022/03/23/99 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) 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. 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. 15 g/agree/j mf/j n/kas 1022/03/23/99 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. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. SIGNATURES ON NEXT PAGE 16 g/agree/j mf/j n/kas 1022/03/23/99 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 Eq i ment Rental, Inc. a Califo i corporation (A'LL By: D4 6 CZa-0 - print name ITS: (circle one) ChairmaWPesiden ice President AND By: "of iro(E', t� prMtMkMe ITS: (circle one) ecretary Chief Financial Officer/Asst. Secretary — Treasurer REVIEWED AND APPROVED: se Ci Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California: ATTEST: I. City Clerk APPROVED AS TO FORM-:,, �nr/Tf/q � City Attorney INITIATES AV-PROVED: 17 Director of Public W �0811q7 31:Z3A'7 g/agree/j mf/j n/kas 1022/03/23/99 vi- s-i VV iJJl-- 1 Z.1 4Vi. VVV_ P�Vp - _ /9 A CORD �►�� PRODUCwt C805)653-7744 FAX (80S)6S3-7762 04/12/Il of man & Wi ker Insurance 7r7W Feim No RIGHTS UPON THE CERTIFICATE Q/� CLe/Gt �� ��FRTiiFiCATE DOES HOTAMEND, EXTEND OR TWO Insurance Services Flj e NO . &,4 (,, 0o. -7 OERAGE AFFORDED BY TI1E POLICE$ 9ELOW. 196 S. Fir Street d A .2 .A /sit ./ �r/o G rMYDAUMCC wrcr,an�un_ rnvreae±r Ventura, CA 93002-1388 -r/a/ I / -- - ^•-^^r��^�^•�---�^^•� -7- 0 CGWMY Clarendon American Ins. Co. Atbe Irene Arenas Direct #(805)585-6161 Ext 161 I A 1NS04 0 Inc. a B,u,,, The Travelers n emnity o Illinois K.A.S. Equipment & Rental, P. 0. Box 9S70 Ontario, CA 91762 CO PAW Royal Insurance Company of America COWAW o THIS IS To CERTIFY THAT THE POUGES OF INSURANCE USTED BELOW HAVE BEEN ISSUED O THE INSURED ABOVE FOR TKg POUC:Y 01MM INDICATED. NOTWITHSTANDING ANY REQUIRBWENT. TERM OR CONDITION OFANV CONTRACTOR OTHER DOCM31T WRH RESPECTTD WHICH THIS CER71FIC ATE LIMY BE ISSUED OR MiAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TK TERMS. EXCWSiONS AND CONDITIONS Of SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO i WIPE OF WSURAMCE j POLICY NIM04K � I � Ulm C;6lHERALLIA91tJTY ; I GENERALAGGREGATE ! s 000,0: x ; Cmawp ft wxm..L L"Lryy I : PRODUCTS - CObPIOP AM 3 1 OOOO' —� C WAS MADE OE X OCCUR ! A ��— 'MC069898017.9 07/15/1998 1 07/15/3.PumOMALA.ADviHJuaY S 999 Z 000.0+ X I owNER•s d CONTIHACTDRS PRor I EACH OCCURRENCE S 1.000 , O( i `°:EDaYAGEfMra+eHlro/ S S0.Q1 MPm ow WT a» Dawn) S 5,01 i AUiOMOBILfi LIABILITY ANYItIJTD I i C OYBWED ssNGLP Lsatir ; s 1100a 0( s ALL owwt� attT+os i eooar Mn,Rr saHEDULEa Auros B X M Avias FEECAP266T1787TCT87 11/01/1998 11/01/1999 'cam 1 tt NOIiOYNf�AUiD.4 WDLYMJURY I I iPe►eeabenq j PROPERTY DAMAGE rAPPPOUPTi Aq IPQ P,61Z11iI 1 s . iC1Nt" �'uTM SAID 11U1T0N,. Ci- y Attorneg i AurooKY-EAAt:CiDEM s o u City, �A,ttO i anamTwxAvmawr n ANYAUTO I D, EACM ACCIDENT �I I II s s AGGRECKMI i0==UANUTY E#04o /9�% i,00v.oc s 1.00010C C n LWREUACORM IPHA203174 / 11/13/1998 07/1S/1999 !AwRawe i OTNBRTWWUMVM1 1MW S.I.R. a 10 OC Y71D"'� i ' ro MAR iMVLCVWW Ht I EL EACM ACx9XW is PME RCL I , ELOIBEABE-POLILYUmm I $ ARE 1 EL MOMSE - EA SOLUM I s �anwt hysi cal Damage I 1 Comp. S500 Deductible B �EECAPMT1787'rCl`87 11/01/19981 11/61/1999 Coll. S500 Deductible aTKRa&WA ffw= Day Notice of Cancellation will be given for Non -Payment of Premium. : Certificate Holder and the State of California are Additional Insureds as respects PCH 6 Seapoint Len venue Pedestrian Ramp; CC 1022 Construction Contract. This Ins. is. Primary and Non -Contributory. sMM&DANYOFTHE ABM 1101 08CANCKLEOlK'iOBETTIE Hluul"nON OATETNi!lmC,TIiBIpWNp calvw,rwr.l.pR.NL City of Huntington Beach—OAS'""s''�MOToA7eM0L°�wAD7OL� Its Agents, Officers and Employees P.O. Box 190 grialwo Huntington Beach, CA 92548 RUMPFORWATATME Mike 3ohnson/INA ORDM 04112/199E (80S)653-7744 PAX (80S)653-7762 & Wi ker Insurance C-i;, , (�� � x1l F TWO Insurance Services -• I �.7/ 196 S . Fir Street �� I t 'Y -0 00.7 0 Ventura, CA 93002-1388 /��i7ydva '� 6%Q q 7-D Y%r CONFTaRSNORIGHTSUPONTHEC1:RTi1FICA'T><1014 HOLDER Tmis CERTIFICATE DOES mar AYE W, DCTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BBLOW_ 'MM-PANIES AFFORDING COVERAGE i COMPA r State anpensatlon Ins. Ann: Irene Arenas Direct/�(805)58S-6 6 tea: 161 ( A IwaURw K.A.S. Equipment & Rental, Inc."""". P. 0. Box 9570 9 Ontario, CA 91762 CO'"0°NY COMPANY D THIS ISTO CERTM THAT INSURANCE USTED BELOW HAVE BEEN MURD TO TFIE INSURED NAMED ABOVE FORIM POUCYPERIOD INDICATED, NOrmniSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO Y*11CH THIS CERTWMTE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED eY THE POUCIEs DESCRIBED HERBN IS SUBJECT TO ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO nPE OF Na11RJu1Cfi POUCf NUY99l LTR I ; POU T O ECM ! POLICT Pa1RAZ1ON OATEfYWOprY1 I YIDORT) NIYT8 DATU(Y OBNERALUANUrf COMMERCALGD�ERALLtn01Lf11 i CLNM9MADE 1! OCCUR: E GENERALAGGREGATE i ' PROOUCTB-COWtOPAGG j 7 PER80NALAAOV L1.W If I S s ! olrolaER s a CONfAAe►otts vROT I i I EACH Occumu SCE — MN OWAGE YLV arm be) I j No eIw (Mf a+. prim) is —. 3 s AurorOOILi LSA13lTr COMOMED Swcii. UW '� ,wvavro Ijl 1--- ALC Ow1IED AUTOS I (P WLY INJURY APPROVED AS Tq' FORM:1 ;1�� SCNMLW AUTOS GAIL HUTTOIi, G-itY Attorn�z Dauros DQp ty Ci.iy Attor Y.! IayRYr j NON.oaa+®auroz Jl` By: ^ �__ ! I s a a S . PROPERTY DAMAGE QUM=LANUTY I ! AUTO ONLT-eA*Ax t06M Is j ANYAUTO i % O?M R TTMNAulO O1dLr 1 •� � I 1 t EAp1 ACG>Ot�iT I I Af�OATE s i �■ICF>! a NABN TTY w" OGCURRpcz ' s I wapa AFORM ( AfoMOUTE a j MER rrM U&MELIA FORM I .6 WOiKERSCOUMfAT10NANC , aa►LDTERs LJAEILITY A i THEPROPamTow Wa 103S47-98 I X !TORYUMR8! ! ER f j 10/21/1998 110/21/1999 QD--Polwwuar 11 1, 000 , 00 : 1,000,00 i OF � 1 X I M= I ELWSEASB-EAINVLOVIX 9 1,000,00 oTNER I I l DESCRIFfm OP e: PCH N Seapoint Avenue Pedestrian Ramp; CC 1022 Construction Contract SHOULD ANYOF THE ASOAIB OECD FOLWNIS W cANeateD BEFOTiE file 11MRATIOY oATET1 R 1N! SUMS COYPAIM WILL OWAVOR TO NAIL City of Huntington Beach' Its Agents, Officers and Employees ) DAYS '"Iff=NORM TDTMWCERM*=WMUM MAID T°-IWI!LW. ffiff F&AURMTONAILSUMNOVIe8VALLUMPM00O111UGN WanLwuWW P.O. Box 190 OF ARY NND UPON TW COYFAW ns AMWMOR RWMMrATMM Huntington Beach, CA 92648 1 ATIVE Mike Johnson/INA ���� � 04/12/99 15:58 FAX 805 585 6200 TOUAN & WIRER Policy Number. TNC0690 179 • Named Insured: K.A.S. Equi menr & Rental, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES TEE POLICY. PLEASE READ IT CAREFULLY. ADDMONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following CO1 DIMCIAL GENERAL LL4BELM COVERAGE PART. SCI'MULE Name of Person or Organization: City of Huntington Beach Its Agents, Officers and Employees P.O. Box 190 Huntington Beach, CA 92"S (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement-) WHO IS AN INSURED (Section In 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 worle' for that insured by or for you. It is agreed that such insurance is afforded this policy for the benefit of and shall be primary as respects any claim, loss or liability arising out of the subcontractor's operations or by its i dependear contractors and any other insurance inaintmed by the above referenced additional insureds shall be non-contnIndary with the insurance provided hereunder. CG 20 10 1195 Copyright, Insurance Services Office, Inc., I984 Page 1 of 1 04/12i99 15:59. FAX 805 585 6200 TOUL&V & WIKER i CLMAN AND'WIKER INS' iRANC = TWD INSURANCEE SERVICES TCLMAN AND WIKER. INC. Date: January 14, 1999 RE: IC A R Equipment Rental Policy No.: TNCDSW980179 TO WHOM rr MAY CONCERN: t IOMN NOURSE. C1104 2 AANOT MNSU14C M42 WER&WETHER. CPCU..�i C MIKE IONNSON 9 Won Colin i MAN CAMR RICK M0J4EV t cm AN06RSOt+ ! 00100005 f0N 0000S 2 lop LANK CIC 806 WIMR. RETIRED 1NAME BRUNVAN. RETIRED I W i •WD004AC019amno. SINCE 1923 1923 'P98 75! YEAAS of I SERVICE Certificate Holders for certain jobs performed by the above captioned insured require the Cancellation wording for their certificate of insurance be amended to exclude the "endeavor to ......but fad to.....' wording Contained in the canoeffation clause_ It is agreed and understood that, in the event of canceifation. Tolman & VVIker Insurance will advise Certificate Holders of .said change and it will not be the responsibility of CLvendon Amerfca ins Co - Sincerely, TOLANAN AND WICKER INSURANCE r Irene Arenas Commercial Accounts Assistant tmswpaee�lzeatErdee 36 S. =:* 5— •n. ICY 7 358. : SNTUR4 CA 'i3002 I have received Performance Bond No. CB 028060 & Payment Bond No. CB 028060 National American Insurance Company for K.A.S. Equipment & Rental, Inc. Re: CC-1022 — Pedestrian Access Ramp at Pacific Coast Highway and Seapoint Street Dated: 5 I R- g 9 • Bond # CB 02,8060 Performance bond Any singular ref(,ience to Contractor, Surely, Owner or other party shall be considered plural where applicable. (:ON'r1ZAC1'0R (Name and Address): K.A.S. Equipment &-Rental, Inc. P.O. Box 9570 OMfN�FemiYA.-ancPA(U-3, 570 SUIZETY (Name and Principal Place of Business): National American Insurance Company 12707 North Freeway, Ste 210 Houston, Texas 77060 City of Huntington Beach 2000 Main Street P p gQ b l f 7tr {i�ston Beach, Ca. 92648 April 5, 1999 Amount: $97, 550.00 Description (Nand: and Location): Pedestrian Access Ramp riOND Dais, Nov earlier t1Tan Consivuclion Conti -act l3aie) A:n0u1:1: $97, 550.00 ,�1cx�;Iic< lions to this Bond: C 0 N i RAC P.)IZ 1'IZINCII'AL CumhariY: 11 (Co rate Seal) K.A.S. Equ p t & t , I C. i tiignalure: -_-.-- -- Name and 'Ville: Danielle Reinberger, President (Any additional signalures appear on page 3) 3/31 /99 Xi None SUIZETY l_J Sec I'age 3 Company: (Corporate Seal) National m ican.Insu nce,Company Si,nalure: —_.. Name and ille: Patricia Zenizo, At ey-in-fact (FOIZ 1NF0)IZMA7-/O,ti' ONLY —Name, Address and 7elephon(r) AGEN'r or IWOKHZ: 0kA,NEIZ'S IZU'RESENTATIVE W-chitecl, Cngineer or oilier party): • 1 1he C.ortlraclor and the Surely, jointly and severally. hind themselves, their heirs, executors, administrators, Suc( essors and assigns to the Owner for the performance Of the Conslruclion C(utlra( I, which is incorporaled ht,rein by refert,nce. 2 If the (:onlM( for perfornlS the Construction Contract, OW Surety and the C:onlractor shall have no obligation under IhiS Ilon(I, exccrpl lu participate in Confcren(:(,s as provided in Subparagraph 3.1. 3 If Ihere is no Ocwrrr IJt Lurlt, the Surety's obligation under this liond shall arise tiller: 3.1 1ht, Owner has rx,filied the Conlraclor anti file Surety at its a(idresS descrihed in Paragraph 'if) hclow that the Owner is considering dc•c.laring it Conlraclor ih,faulf and hay lot1t t•swd acul miumpted Iu arran;;t• a conft,ren( C with Iht, Contra( for and the• Surely to he held nol later Than lit Wen clays tiller ieceil,t (rl such notice Io discuss MW.110(I5, of perfornikig the CAMSl+•uc- lion Conlracl. if the Owner, the C onlraclor and Ilw tituely agree, the C-lonlractor shall be allowed a wason- able lime It,, perform lilt, C:onslruckon C'nritracl, but Su( 11 an ag;ret,nu^1t shdll nut waive (lie Owner's right, if any, SubsMluenlly to (IC(I ire a Contr iclor Default; and :1.2 the Ocaner has d('Clart,(I a Conlractor D(:faull aml formally wrnlinalod lht, Contractor's riphl to conlplele the conirdcl. Such ('onba(t(u Oefdult Slt,tll nut be (I(•- clared em-hei Than mvi ly days after the Conlraclor and the Surt,ty have rt,ceivvd notice as provided in Sub- itarag;raph a. I : and :1.3 the Owner has agreed to pay [lit, Balance of the Contra( I Price to the Surely in accordance will( the Terms of the C.on,Iruclion C:unlracl or to a conlwc.lor sole( led to perform the Conslruclion Contract in accor- rlanc e ttilh the Term. of Ilw (onit,m l tvilli the Owner. 4 When the ( )%vner has satisfied the a,ndilions of Para- graph i, the Surely shall promptly and at the Surety's cx- pvnse lake one of tale actions: 4.1 Arrange for the Conlraclor, with consent of the Ovvner, to perform and complele the Construction Contract; or 4.2 1.,'ntlertake to nd perform acomplete the Construc- lion o Cntract itself. Through its ageni, or through inde. pendent contractors; or 4.3 Obtain hick or negotiated proposals from (lualif C(l conlraclors a(.ct,ptable to the Owner for a Conlracl for performance and complelion of the Con- Slruclion C-ontriwl, arrange for a contract to he pre- pawd ft)r ext,culiou by file Owner and the contlaclor selected with Iht, (hrner's ('oncurrence, to be secured "",W) performance and paymernt bonds executed by a cluafified Surely erlt.rivalent to the bonds issued on the C0 IlSlru(-I;Url C,(,r1lraCl, and pay to the Owner the ilmomil of danwg;es as dc,cribv�d in Paragraph (, in ex. ( css of the li,tlance of the Contract Pricer incurred by the Owner msulfing from the Contractor's default; or 4.4 its right to iwo form and contplele, arrange for completion, or ublain a new contractor and will reasonable promptness under the circumstances: 1 Afler invesligation, determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is dct(.r- mined, tender payment therefor to Tic Owner; or .2 Deny liability in whole or in hart and nolily Ilw Owner citing reasons therefor. 5 If the Surely does.not proceed as provicled in Paragraph 4 lwilh reasonable promptness, the Surety shall be deemed to be in defaull on this Bond fifteen clays after receipt of an additional written notice from the Owner to the Surt,ly demanding that IF1e Surely perform its obligations unclur this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety prucc-eds as provided in Subparagraph 4.4, and the Owner refuses flit, payment lcndcred or the Surely has clenied liability. in tv6olt, or in marl, without further notice flit, Owner shall be entitled to enforce any remedy available to the Owner. G After the Owner has terminated the Conlraclor',, tight to complete the Construction Contract, and if the ti;mcly elec:is to act under Subparagraph 4.1, 4.2, or 43 above, that the responsibilities of the Surely to the OWII(•I. stall not be greater than those of the Contractor under Iht, Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than lhu;e of fliv Owner under the Construction Contract.To the limit of [lit, ,(mount of INS IDoncl, but subject Io cortutlilntenl by the Uwner of the Balancv of file Conlrad I'rice to witigalion of costs and darnages on the Construction Conlra(t, (ilt, Sow- ly is obligated without duplication for: 6.1 The responsibilities of the Conlraclor for eorrt,c- tion of clef ective work and complelion of the CunslruC- lion Contract; 6.2 Additional legal, design professional and dt,lay I.osis resulting from Ihc Con raclor's i)efaull, ,u)d 1t- sullirlg front the actions ur failure: to act of flit, Surely 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-pc•rfor- mattcc 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 Conlrac I Price shall not be reduced or set off on account of anti• such unrelated obligations. No right of action shall accrue 0t1 this Bund to any person or entity other than the Otvnet or its heirs, executors, administrators or successors. 8 The Surely hereby ,waives notice of any change, in( Icrcl- Mg Chanl,es of time, to the COnstruclion C:onlract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable;, under Ihis Ilund maybe institulcd in any court of competent jurisdiclion in file location in which the work or part of the work is located and shall be instituted within two years after Conlrac for Default or within two years after the Conlraclor ce;tsed tvurking or within two years after the Surely refuses or fails to perform its obligations under this Bond, whichever oc- cur, first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - Pa • al)le to sureties as a defense in the jurisdiction of [lie suit shall be applicable. 10 1�(olice to the Surely, the Owner ur the Contractor sha{I be mailed or delivered to [he address shown on the sig- nalure (rage. 1 I When Ibis 13und has been furnished to comply with a slalutvey or other legal requirement in the location where Ihc: conslruclion was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be decrmed deleted here.from and previsions con- forming to such sta[u[ery or ollier legal requirement shall he deemed incorperra[ed herein. The intent is that this - Bond shall be conshued as a slalulory bond and not as a conunen law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by [lie Owner In the Contractor mider the Cons[ruction Coot act iflcr all proper adjushrrenls have boon 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- Iracl. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on [he 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 (lie Con- tractor as required by the Construction Contract or to 11erform and complete or comply with the other terms thereof. (Space is..providerl below for additional signatures of added parties, other than those appearing on the cover page.) CONTRAC1OR AS 11I:INCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: • .- 0- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California �:cunr./ cf Los Angeles (D n 3/31 /99 before- me, Pietro Micciche D:.' NAME, i E OF CFFICER - E.G. 'JANE DOE. NOTARY PtJBUC' aerscnaliv appeared.. Patricia zenizo NAMEiSf OF SIGNERIS: (x perscnaily kno-vvn to me - OR - PIETRO MICCICHE COMM. # 11057RO NOTARY PUBLIC•CAIIFORJMA Lcs Angeles County My 4C!INII. !Fvw" ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signature(s) on the instrument the person(s), or the entity upon behalf of whicih the person(s) acted, executed the instrument. WITNE!!:7�Wd and offic eal. SIGNATURE OF NOTARY OPTIONAL Though *he c31a below is not required I.y law, rt may prove Yaluacie 'o persons relying on the deeumenr and could prevent frauduler.t reartachment of this form. CAPACITY CLAIMED BY SIGNER ( 1 INDIVIDUAL 1 COR?CRATE OFFECER T 1TLE(S) ?ARTNER(Si ! J l.lAtl(TED f I GENERAL AT-ORNEY-iN-FACT 1 TRUSTEiSi I 1 GUAR01AWCONSERVA7OR J CTHER: SILVER !S REPRESENTiNG: NAME OF PeR50M(S: OR fhTrry(1E5): 1S0 DESCRIPTION OF ATTACHED DOCUMENT TITLE OF. TYPE OF DOCUMENT NUMBER OF 12AGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAME) ABOVE • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On April 5, 1999 before me, Cruz R. Borrero, Notary Public a e Name and I Me or urricer e.g.,' ane Doe, Notary ubT Personally appeared Danielle Reinberger Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose nameW is/a;a subscribed to the CRUZ R. BORRERO within instrument and acknowledged to me that 4Wshe!##A,�y r Commission # 1169955 executed the same in lisdher/#hai€ authorized capacity(}, Z �-d No--ary Puoiic - Carfornia and that by her € signatureW on the instrument the cos Angeles County personal, or the entity upon behalf .of which the person() 11 My Comm. Expires Jan 18.2002 acted, executed the instrument. WITNESS my hand and official seal. igna ure 01 N018ry PUMIC 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: Performance Bond Document Date: March 31, 1999 Number of Pages: 3 Signer(s) Other Than Named Above: Patricia Zenizo Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle M. Reinberger ■ ►.4 Individual Corporate Officer Title(s): President / Secretary / Treasurer Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee RIGHTTHUMBPRINT 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 RIGHT THUMBPRINT Guardian or Conservator OF SIGNER Other: Top of thumb here Signer is Representing: Bond # CB 028060 Payment Bond Any singular wlc-wiwv to Contractor' Surely, Owner or ether party shall be considered plural where appliLable. CONTRACFOR (Nang. and Address): SURETY (Name and Principal Place of Business); K.A.S. Equipment & Rental, Inc. National American Insurance Company P.O. Box 9570 12707 North Freeway, Ste 210 Ontario, Ca.. 91762-9570 OWNER (Nance and Address): City of Huntington Beach 2000 Main Street P.O. Box 190, Huntington C0N'S-1 RUCI'ION C0N'l RAC1 ()ate. April 5, 1999 Amount: Description Aut, ar�cPQc�c��ion); Houston, Texas 77060 AB TO PC B : G3I?� ruT o,.f,: C;} Attorrcy Beach, CA. 92648 B✓:) Pe utJ C :- �orne3r Pedestrian Access Ramp 130NU Dzi r_e (Not earlier than Construction Contract Data) An,tount: $97, 550.00 I'VIodiiic:alions to this flond: March 31, 1999 LXNone C7 See Page 6 c0N.TRi,CC(A S PRINCIPAL SURETY Company: (C rp rate Seal) Company: +Cor or S 'a ) X.A.S. E ment f)e t , nc. National A ican Insurance bin�ny Signature: Nanec and 'title: Name and Tit e: Danielle Reinberger, President Patricia Zenizo, A to n -in-fact (Any additional signatures appear on page 6) (1:01t 1N1:01?A1AT1QN 0n'1_Y--Nan)e, Address and Telephone) AC;ENT or 13ROKER: O%VNIER'S REPRESENTATIVE (Architect, Engineer or other party): 4 1 'file Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suer:(-sso(s and assigns to the Owner to (ray for labor, materials and equiirmElnt famished for use in the perfor- nrancc of the Construction Contract, which is incopo- rated herein by refcerence. 2 With respect to (he Owner, this obligation shad be null and void if the Contractor: 2.1 Promptly mattes payment, directly or indirectly, for all sums clue Claimants, and 2.2 Defends, indemnifies and holds harmless the Ov,-ner from clainis, demands, liens or suits by any person or cntity whose claim, demand, lien or suit is for thte payment foe labor, materials or equifrmerit fur- nished for use in the performance of the Construction Contract, irrovirled the Owner has promptly notified (lice Coiaractor and the Surety (al the address rl(,scribced in l'aroj,,r ph '12) of any claims, derrcands, liens or suits and tendered defense of such clainis, deman(1s, liens or suits to the Contractor and the Surely, and providt,d there is no Owner I)Vfault. .1 With respect to Claimmants, this obligation shall be null and void if tht:• Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 1110 Surely shall have no obligation to Claimants uncicr this Montt until: 4.1 Claimants who are c•ririrloyed by or have a direcl conlimA with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thctreof, to the Oivner, stating Ihal a claim is bPtng made under this Bond and, with substantial accuracy- the amount of the claim. 4.2 C'laimmnts who do not have a direct contract with the Contractor: .1 Have furnisher) 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 vquilu»rent included in the claim stating, with Substantial accuracy, the amount of the claim and the imme. of the party to whom the niateriais 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- licet any crnlnmunication from the Contractor by which the Contractor has indicated thce 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 th(! address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, staling 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 cobs to the Owner, within 45 days after receipt of the cJnnrr, stating the amounts that are undisputed and the Oasis 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 amount of this Bond shall be credited for any payments made in good faith by the Surcty. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the (rerfor- mance of the Construction Contract and to satisfy clirinrs, if any, under any Construction Performance Bond. fly 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 Conlraclur aril the Surety under this Bond, subject to. the Owner's Irrwr- ity to use the funds for the completion of the ,vork. 9 The Surely shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. l he Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no ubli. gal.ions to make payments to, give notices on behalf tr(, ur otherwise have obligations to Claimants under this tlond. 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 regUired 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 matt; 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 laiv, the minimum period of limitation available to sureties Zis a defense in the jurisdiction of the suit shall be applicable 12 Notice to the Surely, the Owner or the Conlracknr shall be mailed or delivered to the address shown on tic, signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplishred, shall be sufficient compliance as of the date receiver) at the address shown on the signature page. 13 When this Bond has been furnished to comply wvith 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. 14 C;l�un rc clucsl by any person or entity appearing; !o be a potcwial bvilvH0,11y of this Bond, the Contractor seall piomplly tarnish a copy o(Ihis Iknxl 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 Bonet shall be to include without hinita- lion in the (crms "labor, materials or equipment" that part of witer, gas, power, light, heat, oil, gasoline., telephone service. or rental equipment used in the MODIr1CATIONS 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 su1)coil tractors, and all other items for which a mechanic's lien may he asserted in the jurisdiction where the labor, nncterials 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 Documerc(% and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to hay the Con- tractor as required by the Construction Contract ur 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 Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) • CALIFORNIA ALL-PLIRPOSE ACKNOWLEDGEMENT Mate of California �cunri of Los Angeles Qn 3/31 /99 before- me, Pietro Micciche DATc NAME, T7 U OF CFFICEA - E.G. -.LANE DOE. NOTARY PUBUC- personally appeared .. Patricia Zenizo NAMEiSI OF SIGNEA(S1 [x perscna0v known' to me - OR - ; ) proved tome on the basis of satisfactory evidence to be the person(s) whose namels) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capaciT/(ies), , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' PIETRO ,MlCCICHE tt�DComm. 110b1B9 WITNESS hand hand ai. �dNOTARY NOLIC•CALIF481VA Los Anon C MY COM. Eq- pA�y 15,1000 SIGNATURE OF NOTARY U OPTIONAL Trougn 'ha Bata below is no, reouired ty law, rt may prove Yaluabie to parsons relying on the decument an* couid prevent fraudulent reattachment of this form.' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( 1 INC(VIDUAL , ! COR?CRATE OFFICER TITLE OR TYPE OF DOCUMENT T17i LEti-S) aAA"N=AfSi ; i LIMITED ( ) GENERAL i ATTORNEY-iN-FACT 1 TRUSTEE(Si 1 GUARDIANiCONSERVATOR ) CTHER: SIGNER IS REPRESENTING: NAME OF v!F%SOwR: OR thTR„PE33: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ASCVE a NATIONAL AMERICAN SURANCE COMPANY OPONVER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL K.A.S. Equipment & Rental, Inc EFFECTIVE DATE April 5, 1999 ,P. 0. Box 9570, Ontario, CA. 91762-9570 iSTREET ADDRESS iCITv) tS TATE: 0P CODES CONTRACT AMOUNT $ 97 , 550 . 00 AMOUNT OF BONDS 97 , 550 .00 POWER NO. CB 028060 KNOW 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 cite of Chandler. Oklahoma, pursuant to the followings resolution. adopted by the Board of Directors of the said Company on the 8th day of .lulu. 19R7. to wir: "Resolved, that auy officer of the Company shall have authority to make, execute and deliver a Po\eer 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 relatine 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 do :s hereby make, constitute and appoint __PATRICIA ZENI Zb OR PIlMO MICCICHE State of CALIFORNIA its true and lawful attorney(s)-in-fact, with full power and authority hereby con erred 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 by 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 D..A�1� w. Brent ll.aCere, Chairman & Chief Executive Officer STATE OF OKLAHOMA) SS: COUNTY OF LINCOLN ) On this 8th day of July. A.D. 1987, before me personally came W. Brent LaCere, 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� pTAR F9 PUBLIC Notary Public VA E of My Commission Expires August 31, 1999 !� O'rL4 H0" + NOOLN 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 31 day of March 19 99 90EA Winifred E. Mendenhall, Assistant Secretan 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On April 5, 1999 before me, Cruz R. Borrero Notary Public a e Name and I rile or urricer e.g., - ane uoe, Notary ubGc Personally appeared Danielle Reinberger Name(s) o igner s ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons} whose nameW is/am subscribed to the CRUZ R. BORRERO within instrument and acknowledged to me that ha6sheAUW Commission # 1169955 executed the same in her authorized capacity(, Z .e No*ory Puolic - California and that by her4h& signature(.} on the instrument the Z Los Angeles County h' person(.}, or the entity upon behalf of which the persons} My Comm. ENDires Jon 16.2002 acted, executed the instrument. WITNESS my hand and official seal. Signature of ry 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: Payment Bond Document Date: March 31, 1999 Number of Pages: 3 Signer(s) Other Than Named Above: Patricia Zenizo Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle M. Reinberger ■ /�1 Individual Corporate Officer Title(s): President / Secretary / Treasurer Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee RIGHT THUMBPRINT 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 r.. LAJ Bond'0_CB 8031 • •= =•'• - =•, no MEN BY THESE PRESENTS, that we a corporation duly organized under the laws of Nebraska and authorized to transact a general surety business in the State of,cali fornia as Surety, (hereinafter called the Surety), are held firmly bound unto: ri -y of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accom�anyin2 bid of the. Principal, not, however, in excess of Thi r y Thousand and no/1 00******* *** ****** 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 Obiigee 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: Pedestrian Access Ramp 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 contract with 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 contract 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 the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal 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 tie, 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 Surety unless accompanied by a Certified 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 20 day of February 19 KAS q i merit a to , nc . By: _ Principal Danielle Reinberger, President National American insurance Company_ Name of S ety Company By: Attorney -in -Fact Pa r' is Z Zo NATIONAL AMERICAN 14MRANCE COMPANY -POWER car' .A,r•r0 RNf OMAFIA; NI.V FSKA �• PRINCIPAL —EAS Equipment & Rental._,_._Iric. DATE _2�4/99.. PO_ Box 9570, Ontario_ CA 91763 —__—_- -- -— isrREETADGFcSsi ITyi fSI'A,"F.i CONTRACT AMOUNT Per= u, 4- Amount _ --AMOUNT OF BOND $ O % of Bid POWER NO. CB ,.... � ,. c _ y KNt. W AI.i. ,%11 N IiY •rHI:SF PRESENTS: That the N;uional American Insurance Company. a cor, oration dttly or_aiiizrd under ,he iaws ol'the State of ire^raska, having its principa! office ill ill;.' tii!y of Char.elcr. Oi L•a:ema, pursuant to the following, icsolmion. adopted by the Beard of Directors of the said.Comfmny on the Srh day of ,luly,"1.987, to ;.vit: -Resolved, that any ofticcr of th; Company shall have authority Ir. make, execute ;ind deliver a Po,ver US Attorney -in -Fact, such persons, tkrns, or curperanons ns may e scicrted 1'rom time to lime. B; 11 h:irthcr Resolve([, thal the signal tire of any officer ; nr l th; >eal of the Company raay he affixed to any such Power of Antirr;;y or anv ci.Tlificaic %[Puns_ therc!o.hv facsimile, and and• such Power of Ai!or ;ey or c;r,il clue heirin , such facsimile signatwc or f: csimi!: seal shall he valid and hindin;; upon the Company anti any Stich po.vers so execu'ce.. and certified by facsimile signature and facsimi!c seal .mall c valid and biridirg upon the Company in the future whit rested to anv hand ur underrtkine to ,vibeh it is attached.'_' National Aincv;c:an Insurance Company do-s hereby make. constitute and appoint .._..PATRICIA ZENI ZO OR PIETRO MICCICHE ...... - - _ .. __`_ .._ _ ..__ - ---- -- ---- ----- — _ -- -----._...._ state of .---CALIFORNIA. its true and lawful :utorncy(s)-in-tact, with full power and authority hereby :onFerred in its name, place and stead• to sign, eXeCU!e, acknom-ledge and deliverr in its behalf, and its art and (Iced, as follows: The obliga!ion of the Company shall not exceed one million (551,000.(W.00) dollars. And to bind National American insurance Company thercby as fully and to :he same etct:t as if such bond or undertaking was signal t,y the duly aut.horircd olTicer of the Nafi )nal American Insurance Conipan,, and all the acts of said Attorttey(S) pursuant to fit,- authority herein given, are hereby ratified and confirmed. IN '"'I.1-NESS WHEREOF, the National American Insurance Cnmpany has caused these presents to be signed by nny officer of the Compacy and its Corporate Seal to be hereto affixed. NATIONAL. AMERICAN INSURANCE COMPANY we' pOnasr n �) z i SEAL 3 � • Brent LaGere, Chairman C4 Chief Ececutivr orficer �D rb �4[9aasra STA-rE OF OKLAHOMA) SS - COUNTY OF LINCOI.N ) ' ' ' On this 8th day cf ,lul , A.D. 1987, before me personaL'y. came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County.of I.incoIn, State of Okiehoma; that he is the,Chairman and Chief Executive Officer of the National American Insurance Cornpam",,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 ;aid instrument is such corporate seal; that it was so) affixed by order of the Board of Directors of said corporation and that lie signed his name, thereto by like order. ! PUBLIC . Notary Public i grnr[a�" Nty Commission Expires August 31. 1999 STA11; OF 0K1.AHOMA ) COUN'rY OF LINCOI,N ) SS: 1, floc undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and ettached POWER OF ATTORNEY remains in full force. Signed and Scaled at the City of Chandler. Dated the 20 day of February 19 99 w'inifrtvl F. Mendenhall. Assistant Secretary 3EAr. j ` i a r6� 2 T ti'FannS^' ' ( CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • State o' California County al, Los Angeles On 2.124199 before -me, Pietro Micciche DATE NAME. TnL`i OF OFFICER - E.G.'JANE OOF_ NOTARY FUSUV personally appeared. .. Patricia Zenizo NAJMEIS) OF SIGNERISI [)�j personally known' to me - OR - [ ) proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is; are subscribed to the within instrument and ac- knowiedged to me that helshe/they executed the same in his/her/their authorized capacity0es), . and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd an ffic a1. PIETRO MIMIC a COMM, # 1105189 to NOTARY PUBLIC • CALIFORNIA No Los Angeles County ,- My Comm, Expires July 15,2000 SIGNATURE OF NOTARY OPTIONAL Theug:i the data telow is not required ty law, it may prove valuable to persons relying an the document and could prevent fraudulent reanachment of this farm.' CAPACITY CLAIMED BY SIGNER (_ ! INDIVIDUAL ( COFF'OFiATE OFFICER EITLE(S) (; PARTNER(Si (] L1M(TED ( I GENERAL (; AT+7ORNEY.IN-FACT TRUSTEE_,S) (; GUARCIAN/CONSERVATOR (! OTHER: . SIGNER IS REPRESENTING: NAME or "14SON15) OR ENTrrYpE51: 150 DESCRIPTION OF ATTACHED DOCUMENT T111 LE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SiGNER(S) OTHER THAN NAMED ABOVE r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . County of r ���/v(1D ss. On �� a `T — % % , before me, Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public ) personally appeared Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence ) to be the person(` whose name( is/94- ) subscribed to the within instrument and acknowledged to me that pig/she/executed the same in IW/her/tWr authorized capacityw, and that by l"/her/ftrr MARGARErCANDEnIA signature(,.�fon the instrument the persono d, or Commission # 1192272 the entity upon behalf of which the person(] Notary rricircHnoPublic - County acted, executed the instrument. San eematdlno County ` %MyCoMm.BVM"6.2002r ( (WITNESS my hand and offi ' I 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 Docume Title or Type of Document: Document Date: — I C % Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ` Top of thum ere ; ❑ Corporate Officer — Title ❑ Partner — ❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian Conservator ❑ Othe. A r• Si er Is Representing: ) . 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 P-� K.A.S. EQUIPMENT & RENTAL, TAL INC . - - c - - P.O. Box 9570 Ontario, California 91762-9570 rF EIYFID CITY Czr,;K CITY Ct rl-ACH. CA FF3 2 Li rP AA- < foinT S�zccr- CC' 1 OZZ Z' cvo r TI - ` SECTION C PROPOSAL , for the . Pedestrian Access Ramp @ Seapoint Street From Pacific Coast -Highway to Beach Bike Trail CASH CONTRACT No. 1022 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 30 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 re -advertise 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 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. �j Accompanying this proposal of bid, find $iuPx�� in the amount of $ 10 /o 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: 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. 9 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 ' NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says , that he or she is !2 51 of 4A,5. ga u t PM !T 4� Ewkt"tbe'party making the foregoing bid that ihe bid is 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. -+- �e of Bidder �— Signature of Bidder Paso>C 1SRO or1r�2,a C �62 Address of Bidder Subscribed and sworn to before me this 2-/} day of, 199 q NOTARY PUBLIC r j MARGAREr CANDELARIA J Commission # 1192272 Z y Notary Public - California Z Son Bernardino County My Comm. Expires Aug 6, 20D2 NOTARY SEAL C-4 ' 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 Pedestrian Access Ramp @ Seapoint Street , (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 he 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: 2 - 7q - 9 1 Ia K Title C-5 DISQUALIFICATION QUESTIONNAIRE 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 ANo 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 ti • • 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. Date: 2 'Zy -9 9 R-S j SeG Title C-7 • • 4` 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 UZ 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: -f- R&71Tnk ( l nc. Bidder Name PO. 9cK 5-7O Business Address oyI rp- -70 cat, 91762- 9570 City, State Zip ( l o9 ) - sq 8� Telephone Number -7S 1-101 A State Contractor's License No. and Class Date Issued -7 - 31- 2-200 Expiration Date The work site was inspected by 1�-r, 1Z of our office on 2 " S , 199.2. The following are persons, firms, and corporations having a principal interest in this proposal: W, 11 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. PC'y1TW[ Inc. Co p y Name Signature of Bidder �rkl;f,lla 1Ve�inb ff-52 n. Printed or Typed Signature Subscribed and sworn to before me this A day of �� � , 19 V1 nnARCAREr c,wDElAtztA Commission # 1192272 = i4�' Notary Public - California San Bemardno County My Comm. 6cpirFs Aug 6, 2002 1-1-2 V NOTARY PUBLIC 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: Sk✓raco ECG. Po, �oX 5 32-71( p D. z oX 42�i 1. U. , 1ZMV Co('� �61066` , ' Las Ar<e-lct) . CA cfo05cA q23; Name and 01 oYPublic Agency Name and Telephone No. of Project Manager: t'j le, �'✓k- 909 3SO - 3S S P67-rwA116 0T;/7 WA II s sr� l l I /) 10P o_S R ontract Amount Type of Work Date Comp el ed RI-T/0✓1 .i- 1-f+1/ ) �-9C M d Name acid Address of Public Agency *PO. -90K W S C�q 92 Sot Mec-r 0 0913 Name and Telephone No. of Project Manager: STA'V DCP-y g00j 9 S S- G7S5- °I?.6.y0 Contract Amount 3. Name and Address of Public Agency �2a%NAGE V- Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Date Completed C-10 • PROJECT BID SCHEDUL* timated.. MIX. I i 9. P :$itiiiiiii*, .... .... ..................... .... ........... ... .......... ..... . I. . . ..... " ..... Unit w L.S. Mobilization Dollars Cents Per L.S. 2 450 Excavation C.Y. Dollars $"25,60 Cents Per C.Y. 3 43 Construct concrete retaining wall foundation C.Y. -rw. g1lidlud Lcf5Y —Dollars $ -11?1 . Cents Per C.Y. 4 28 Construct concrete retaining wall stem C.Y. HL*i dPW S!" FVt:, Dollars Cents Per C.Y. 5 320 Construct H (Saffron Brand or Equal) L.F. Wnh Dollars $ Cents Per L.F. 6 251 Construct Saftrou guardrail (Saftron Brand or Equal) L.F. @ C��4YIJ✓� Dollars $ SZ' Cents Per L.F. 7 824 S.F. Construct 6" concrete slab W/6x6 VAVM @ F"Le/ Dollars $ Cents Per S.F. 8 250 Construct behind the wall drain L.F. )r, -- @ U41 Dollars $ Cents Per L.F. 9 3 Construct pipe barricade per Std. Plan 615 each @ cuc Dollars $ Cents Per each 10 1 Traffic control plan L.S. @ DNC -rffyysw-r� F%V& ffihId2-d Dollars $ 1, -<CO $ f� -Cents Per L.S. 11 1 Traffic Co I L.S. @ Z�� Dollars sYf _Cents IPer L.S. C-Is PROJECT BID SCHEDiJI• 12 1 Landscape sprinkler modification & replanting L.S. @-7rmer6- -r*,rs Ay 6. Dollars Cents Per L.S. 13 3 Furnish & Install coastal access sign/ each @ Dollars Cents Per each 14 1 Paint Concrete Surfaces(Spec section 310-5.7) L.S. @ . Dollar Cents Per L.S. Total Amount Bid in Figures: $ D, Total Amount Bid in Words: ' C-2s 00 Bond h..,. S'R o28031 BID OR PROPOSAL. BOND KNOW ALL MEN BY THESE PRESENTS, that we S F;,,;pment & Rental, Inc. r as Principal, (hereinafter called the Principal), and National American Insurance company a corporation duly organized under the laws of Nebraska and authorized to transact a general surety business in the State of California as Surety, (hereinafter 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 Thl rty Thousand and no/ 1 00******* *** ****** 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: Pedestrian Access Ramp 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 contract with 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 contract 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 the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal 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 iie, 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 Surety unless accompanied by a Certified 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 20 day of February) 19 �y , KAS r1Q i meet ,$� j�te�ita , �nc . By. P--J (x Principal Danielle Reinberger, President National American Insurance Com any Name of S ety Company By: Attorney -in -Fact Pa 4is Z Zo NkTI.ONAL AMERICAN DURANCE comPANY--11 01- A-rR rONEY , OMAHAl ASKA �c���°, NI. PRINCIPAL _BASL_Iqui . pment & Rental,___Inc. _-.....--EFFECTIVE DATE -?L _24/99___­ - - -------- PO BOX_2_5 0 a CA 91763 OTAEFT Aj)L-,r�5Sj Icl I Y; is FAI F.) CONTRACT ANIOUNT __ AMOUNT OFE1ON0S10% Of Bid CB Cj '4"� --i'3 "L Z5 lj� KNOWAI.I. j*%I[-N in—mi: , s!7 nF-SEFINTS: That the National American ln<Lirance Cum.pari% a c o r ration duly oremniivd undvi-:1-te law.4 ol, the Stale o" :fie_ h a%in-i its principal offlce in the of Char-_;Ier, 01;-.kcn--.a, pursz:an' to the foIIo%0.-.L,. Icsolulion. bY the Board or Directors tit' the mi;d Comp -any on tric 8-h d1tv of 19,W7. tti i%-ir: llcsol%vd, tha: iu;v otTioccr of ihe Company shall hake to inakc, ev,rtiic and Jeh\,er a Power of Attorney V011 NI i: I 1,;!I!: Lis Attorncv-in-Fnc(. such persons, 117M.S, or corpora -ion, as riiy tic scic,ied from time to thric. 13e it I-%.jrjjjcr Rv;,oivekI, that !h,. signa:urc of ?.:,v officer ; ri%; the Sea; of (he Contipany niav he af?iNcd to any such PoN%cr of Ai,or:-,L-v or anv cerlificate rvia(in,-, rherc-.o.liv fac,iinilo, and any Such Power of A!mrrey or ct-r,il-icitie hciring, such facsivni!e silonay.uc or shall lie valid and hinding Ill-lon tit: Company aild a^y SIK:11 NI%ve7s ow executed and ccrtified by fa: hnile sip -nature and fucsimilc vcal S'n-all he valid and lli;iding upon the Company in the' fWu1*1: "11.11 re5licci to ariv honi vr tinderrakinp it, whi:h it is wta:hecl.­ National Aincr:,::tji Insurance C0111110:1Y LIO S 11--reby 111L!k1!. constitute and appoint ... -PATRICIA ZENI ZO OR PIETRO MICCICHE statco.- CALIFORNIA its true and la"rid with Cidl powcr and authority he7ehv conferred it,. its narne, place and stead• to sign, ex-,,cwc, acknowledge and deli%er in ittz `,chilf, and its act and decIc, as roiloWs: The obligation of the Company shall not exceed one million (551,00(1,000.00) dollars. And to bind National. Ani,-r;,:,n it insurance C'o.-r.panytliercbya,. ful!,.•. anj to :he Same extent as ifs-ich bond or undertaking wa,, Signed I,y the duly authorit.cd or'"iccr of -he National Am.-rican Insurance Conipan%, and all, the acts of saild Attorney(,) J)Ursoant it) dic authority herein Jliven, are hereby ratified and cont-u-irwd. IN NVI'I',NFSS WHEREOF, the Natinval American Insurance Company has caused these presents to be signed by nny officer of the Company and its Corporate Sea] to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY Pans<, n ��'/j/t/ i�J � �� `y�Z2 -2'�L/ W. Breni LAGerv, ChairmanChief Executive Wficer =t EML ,STATE_ OF OWLAHONIA SCI- COUNTY or LINCOLN On this 8th day of.luly, A.D. 1987, before me personal'} came W. Brent LaGere, to me knoAn, who being by me duly sworn, did depose and say; that he resides in the County of Uncoln, State Of Okl2hotna; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the ahove instrument: that he knows the seal or said cor- porution; that the seal affixed to the sald instrument is such corporate seal; that it Nsas so affixed by order of the Board of Directors of' said corporation and that he sigiied his name, thereto by like order. "r A-9-Z" PUBLIC y Notary Public My Commission Expires August 3 1. 1999 STATE OF OKLAHOMA ss- COUN'ry OF LINCOLN ' ' 1, the undersigned, Assistant Secretary of the NationalAmericanInsurance Company, 2 Nebraska Corporation, DO HEREBY CFR- 11IFY that the foregoing and allached POWER OF ATI'ORNEY remain.--, in full force. Sipried and Scaled at the City of Chandler. Dated the 20 d,, f February 19 99 Winifred E. Nitntlenhall. A. -Want Secroar) S EA 1, I CALIFORNIA ALL-PURPIOSE ACKNOWLEDGEMENT State of California ;-ounry of Los Angeles Or, �f?a,��a� before- me, Pietro Micciche i)A a NAME. TftL OF OFFICER - E.G. 'JANE OQE. NOTARY PUSLIV personally appeared. .. Patricia Zenizo NAMEI51 OF SIGNEAISI (x personally known :e me - OR - [ I proved to me on tie basis of satisfactory evidence to be the person(s) whose name(s) is; are subscribed ta. the within instrument and ac- '.knowiedged :o me that helshelthey executed the same in his/her/their authorized Capacity(iesII, .and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES y nd an ffic al. PIET 0 ICCI189 .. NOTARY PUBLIC • CALIFORNIA NLos Angeles C"My d 15,2000 61y C�,�;�r, E;Iplies JL.y SIGNATURE OF NOTARY OPTIONAL y Though i:te data telow is not required ty law, it may prove vaivaole to persons retying on the document and could prever.; traudulen; reattachment of ;his form. a CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i INDIVIDUAL I COPPORA T E OFFICER 77; LE OF. TYPE OF DOCUMENT TITLE(S) i i PART NER(S', I LIM;TED i I GENERAL : (i Ari-CRNEY•IN-FACT NUMBER OF ICAGES 'RUST'" I ; GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT G r . s r t SIGNER IS REPRESENTING: c NAME OF PtASONISI Oil EhTrryVE51: S(GNER(S) OTHER THAN NAMED ABCV=- 150 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �, /n County of r ,y77��/�D ss. On a `T �% , before me, Date 1 - personally appeared c1U/i� MARGAREr CANDELARIA _ Commission # 1192272 Z y Notary Public - California 7- Son Bernardino County My Comm. 8pim Aug 6, 2002 Place Notary Seal Above and Title of Z. personally known to me ED proved to me on the basis of satisfactory evidence to be the person(` whose name(!'( is/0 subscribed to the within instrument and acknowledged to me that */she/ti executed the same in W/her/tr authorized capacity('(, and that by l)�S/her/tom signature(-�f on the instrument the person(,§RJ' , or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and offi I 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: — �� l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title ❑ Partner — ❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian Conservator ❑ Other - Is Representing: 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 State Ca00 ifornia OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION f. 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 Z1 1988 L�W& �- Secretary of State �.�� ENDORSED FILED 1 in the office of the Secretary of State - of the Slat: of Colifornio ARTICLES OF INCORPORATION SEPT, 21, 1988 of MARCH FONG EU, Secretary of State K. A. S . EQUIPMENT .& RENTAL INC, . I . K.,\.S. EQUIPMENT & RENTAL INC. 1T'a PU:—rJSJ .':S ,.'ice :,". O'Qago !n any lawful cc, or act'vity for which a corporation may be organized under the General Corporat!on Law of California other than the banking business, thc: trust company business or the Fractica of a profession permitted to be Incorporated by the California Corporations Code, III The name and address in the State of California of thls corporation's InWal• agent for the service of process is: John A. Doerst, 12694 Montana Ave.,'; Los Angeles, California. 90C49. N This corporation is authorized to Issue only one class of shares of stock; and the total number of shares which this corporation is authorized to Issue is 100,000. Datao': September 21, 1988. I hereby declare. .under penalty of perjury,' that I am the person who executed the foreyo!ng Articles of Incorporation, which execution Is my act and deed, s: state dCalifornia _-P.O.Bor944M Bl .Jones. !_ •• — Sa=aento.CA 94244-2300 Sm - ecretary of State `'= - ' Phone _ . < (916) 657-= ,.. , STATEMENT BY DOMESTIC STOCK CORPORATION THIS STATEMEkT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SEC.1502. CORPORATIONS CODE) M -^�- A-1D FILING SEE MUS' ACCOMf?ANY H 1! STATEm'E"', _�" :y`'.-'�1,PJease make_c�jeck tD, Secretary_D� State a payer _r'�3=�;..� .: _ _ _ WHEN COMPLETING FORM, PLEASE USE BLACK TYPEWRITER RIBBON OR PRINT IN BLACK INK x.T:.-sJO: 1✓?✓ 4 `.,.• lii5`�• �•. v+i�41'••R.�71�•w s•_ _w-tY... :.'V`t! Wa.< �1•:vx + `• HL�L E�Kr�N :���I,MPOR�AN �..—=`'�Piease,,�;eacl�.fi�sfiuctions•On ���• �- 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,O" EQUIPMENT•& RENTAL' INC.-' - ,_. - -_ _ .., -..._ _... P 0 -80X° 8370 _.. ... : - .- ._. ROWLAND HEIGHTS, CA 91748 r ... _ - :. -•._ . - If There Has Been No Change In Any Of The Information On Flies Complete Item 1a Only Please Indicate on return envelope If no change statement Is enclosed. - - DO NOTnM-tARK IN THIS SPACE Z3Paie�.*•t�••~�rh-+i+et•-•'i+CY+aI"�°!•.4.sf.+-w'.`jy!3."6 'S.f+/�h�.i'.+iiK•S.i"�- ,G'P �t �4-i.e•..�.+,"�,��a3�:CQis.'R•C`1.�3�. .=►r`"ris'• I �.,.�rt�•`� �'�'4•7:�eJ.2+•.wJ��J •e�.-�}•Y.J� THE`CALiFORNIA CORPORATION .NAMED HEREIN�MAKES:Z14E FOLL OWING STATEMENT - ��i•s.+f�4+�'.�sWsw.�hr.••Xr�.�'xY's..J+?* 7.ey;;r.�?a�•+cxt�i:n!•s �w..�;av:��X...xe�;!y.�?+a.^tis`•x�?i;r•�'Sqi.•3*•..'�M;L?�.'�4�,�.✓+3.M.T'}�•:���a�?F?ti�af���i�C, IA. 1 DECLARE THERE HAS BEEN NO CHANGE IN THE INFORMATION CONTAINED IN THE LAST STATEMENT OF THE CORPORATION WHICH IS ON FILE IN THE SECRETARY OF STATE'S OFFICE DO=S NOT APPLY ON INITIAL Fl IN . El (01E= KERq TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT SIGNATURE ' ' TITLE "' ...- DATE . e cFT DDR°SS OF PRINCIPAL EXECUTIVE OFFICE ROOM NO. 7A CRY AND STATE - 28. LP CODE 11174 PIPELINE AVENUE POMONA •CALIFORNIA . STP=FTADQR S OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA .:,v ROOM NO.. _ aA. CRY :, J :t,, y. vas . .•iB. ZIP MAILING ADDRESS ROOM NO. 4A. CITY AND STATE 48. ZIP CODE .. P.O.-BOX 9570 ONTARIO CALIFORNIA --191762 'NE-NAMES�O THE=FOLLOWING10FFICERS: ARE �MusYhaJe'ttie's'e t(�res offices (sec al2'Coioorations Cocfe�`An officer- C7•.?�s'"Fi3E`T�� �i�+iti+ex.'�•�14'4':6J,:.1'i1�`L'7i�iiYAJSC.I;,:Y3a6��.�i-srX .6...l TAi�„-..sa.e^• y HtV:.+.-..y4g1'w.•Cu.q�t' s: y hoidUmora'than one offf .Dd 110t r060blfterata-,Preprinted i es;;However; Yo i ay.Ad� Title.Appropriate:EocYour.Cotporatiort; . . _ CMIFF EXECUTIVE OFFICER/ _ _:, .. - -. 5A. STREETADDRESS (DO NOT USE P.O. BOX) 58. CRYAND STATE -... _.._ _�., . .. " 5C. ZIP CODE_ _ - •_'h ' -ANZELLE : M. - REINBERGE .11 174 PIPELINE AVE. .. . POMONA . CA--:' •},. 917 6 6 SECRETARY/ _ _ _ ti � ti. ; :. - 6A STREETADDRESS (DO NOT USE P.O. BOX) ..... ....: .�, w;. 68. CITY AND STATE • _ _...... _. -• ^-; ,:A=�<� 6.:. ZIP CODE s IANZELL_.:`M E M.c.REINBERGE z-1 1 174,.PIPELINE AVE _�• POMONA,--CA J=�� ;. ��,�.-- -r 91766.; - ; CHIFF FlNANCW OFr-tCFA/ 7A STAEETADDRESS (DO NOT USE P.O. BOX) _ • ; 78 C17YAND STATE ^� z�:. ��••rJ :-:.:..^ - 7C. ZIP CODE •. ,; ANIELLE ,M._:REINBERGE 1,1.174 PIPELINE. AVE: - . .POMONA; CA <:=:='.':-`; : 91766.:`::•= )IRECTORSrINCLUDING-°DIRECTORSiWHO=ARE AL$O,�FFICERS {Atisch s ppierrte; m %t t o y lust have ond.br mo a difecto s {Chap 3 5iig 3 a Co�rporai ons`Code) 'State..ments not III NAME _ 8A, STREET ADDRES_ S (DO NOT USE P.O. BOX) 88. CITY AND STATE 80. ZIP CODE.., -- E M EINBERGE �l 1174 '-PIPELINE --AVE.7..= - : POMONA CA'�: t ==L�„� : _ -91766 NAME .. �� 1....n ..:�.J�:+ �•L tir .:l+ 9A. STREETADDRESS (DO NOT USE P.O. BOX), n-e%� ,... - :., 98. CITY AND STATE __ ._J.� - - -`?-- i 9C. ZIP CODE t•'uar.S ..1 I. NAMc - -.. .�..,c.� . _. 10A.STREETADDRESS (DO NOT USE P.O. BOX) 10B.CITYAND STATE :;..! . .. - _ :::1 :. -.10C.LP CODE - ._•.tlY r'i!.' tr._G _ _.. a-:. .. .-. - q:,c_ _R;.:y-syt-.rF ::-r:...'e a%i..i-n:�rt'r... THE NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF �. ;.;:`+ •'��.=:o: f .aJ )EIGNATED AGENT FORSERVICEOF PROCESS Agent or sennce"ofn75alif ` omla Co_ r�p�ora�t:i:..n: :_a•-ilf.oow}.,asANY:_ o.s raamiohe-agentmy-,lelnothdcorad;a:Cerficate:SCotin- . NAME - CAUFORNIA STREETADDRSS IF AGENT tS AN INDMDUAL (do not use PO box) Do not ircide address d agent is a mrpombon that has filed a oeffcata pmWaht to Section ISM Corporations Code : ; _> _ _.. :.•.. r.J.' •ti�'�Z::j'^,: -... .. .. ... _ .... .. ! n -P .- .J!+•.YY..�.r,^.::�.M .i'^J ac.:-...._.;_:..sa:•w:�: ►ESCR(B,FTYPE�OFBUSINESSaFYTHE C ,... Y, •. ;ITEM�1. ,'�.fs` �ORATIO �. PE OFl/I liL l �ti� � Yie,�;>r; n� t- _. _•� ..u, �. i - 1 DECLARE THAT I HAVE INED THIS STAtEmENT AND TCrTHE ISEST OF Nd KNOYO-EPIG-E AAM AEUEA IT CQRRECT AND COMPLETE DANIELLE M. REINBERGER )no NIC (REV. 7/951 ^PRESIDENT.;- 09/28/98 02/05/99 10:29 FAX 6199083641 I.AW OFFICES Q 02 RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT DANIELLE M. REINBERGER AT A MEETING of the Board of Directors of KAS Equipment and Rental, Inc., (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 5`h day of February, 1999, a quorum being present, consisting of the President and Secretary of the Corporation, Danielle M. Reinberger, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its President, Danielle M.. Reinberger, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. I, Danielle M. Reinberger, hereby certify and declare that I am the regularly and duly acting President and Secretary of KAS Equipment and Rental, Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Ontario, California, on the 5`h day of February, 1999; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Danielle M. Reinberger, President and Secretary of KAS Equipment and Rental, Inc. 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Pedestrian Beach Access Ramp at Seapoint Street and Pacific Coast Highway COUNCIL MEETING DATE: April 5, 1999 - -. RCA ATTACHMENTS ST TUS w 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' MISSIN*.-Al ENT ' REVIEWED=RETURNED yFOR PE Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATI-QN fOR RETURN¢OF ITEM : ` F RECt I `ED CITY CLERIC CITY OF HUNTINGTON BEACH, CA Igg9 FEB 2 g P 1: 5 q 0 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA tggg FEB 2 G P 2- Q t � CI a Y A - CITY CITY OF HUNTIt4GTON BEACIA. CA 1g99 FEB 2U P 2: 01 i I i Two (2) Copies to Front Desk BEACH ACCESS RAMP AT PCH AND SEAPOINT CC-1022 February 24,1999, at 2:00 PM Engineer's Estimate: $80,000 BID LIST BIDDER'S NAME : _ RANK TOTAL BID AMOUNT 1. 4-Con Engineering, Inc. $ i -7 00 2. Amtek Construction $ r 7 l 3. Calex Engineering $ 4. Carlson's Landscaping $ 5. CraneVeyor Corporation $ 6. Cross Roads Construction, Inc. $ 7. Golden Sun Construction 8. K.A.S. Equipment & Rental 9. Kalban, Inc. $ 10. Keiter Corporation $ 11. Kovak, Inc. $ 12. Nobest $ 0. Ranco Corporation $ 14. S. Parker Engineering, Inc. $ i , /Ol /j Y O 7` 15. Surf City Construction $ 16. West Coast Construction $ L' 'J tv"/V C 0.' Page one of one 0 JA AtO, HUNTINGTON BEACH Fax #: 9f9-6i1G -5D0t Number of Pages (including cover page): To: Phone: Remarks: Urgent For your review FAX FROM: LPCONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE Y OF HUNTINGTON BEACH O Box 19012000 Main Street untington Beach, CA 92648 (714) 536-5227 (714) 374-1557 FAX Date: / r By: e ty City Clerk TERNET ADDRESS: hitp://www.ci.huntington-beach.ca.us OR http://www.hbsurfcit\l.com/clerk Reply ASAP 11 11 Please comment 11 11 Per your request 9�x, d/y/q9 � a/i/99 �` ���%9• SECTION A f NOTICE INVITING SEALED BIDS for the Pedestrian Access Ramp @ Seapoint Street CASH CONTRACT No. 1022 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project 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:OOPM on February .24, 1999. 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 $10.00 nonrefundable fee if picked up, or payment of a $20.00 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 accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the ATM day of 199 4). Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 r P� �l„lye BFR,en�.ey- UP � Nar-E F0 G�ec, Council/Agency Meeting Held: J / Deferred/Continued to: 6 Approved ❑ Conditionally Approved ❑ lw i Clerk's Signature Denied _ _ f Council Meeting January 19, 1999 Department ID PW 98-026 Date: Number: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION � � n SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS i C3-+�v`� co SUBMITTED BY: RAY SILVER, City AdministratorXe CD PREPARED BY: cc� ROBERT F. BEARDSLEY, Director of Public Workq,.,,# RON HAGAN, Director of Community Services N > SUBJECT: Authorize the Advertisement of the Pedestrian Beach Access Ramp Project at Seapoint Street and Pacific Coast Highway, CC-1022 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council approve the plans and specifications for the construction of the pedestrian beach access ramp at Seapoint Street and Pacific Coast Highway and authorize staff to advertise the project for the solicitation of bids? Funding Source: The construction will be funded from the following two grant sources: 1. California State Coastal Conservancy - Public Access Grant Program $68,000 2. Orange County Transportation Authority - Bikeways & Pedestrian Facilities Program (SB 821 - Local) $20,000 Project Total: $88,000 State Coastal Conservancy funding is contingent upon final Conservancy Board approval, scheduled for February 25, 1999. The Board is anticipated to support the staff recommendation for award and expenditure of funds by State Fiscal year-end, 6/30/99. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of the pedestrian beach access ramp at Seapoint Street and Pacific coast Highway CC-1022; and 2. Approve the attached sample contract, subject to award of the contract to the lowest responsive/responsible bidder; and V 3. Authorize the Mayor and City Clerk to execute the attached temporary use permit to perform construction on the State Parks and Recreation property. Alternative Action(s): Cancel the construction project and re -allocate the SB 821 funds for some other purpose and forfeit the Coastal Conservancy Grant. Analysis: The staff has completed the design for the pedestrian access ramp for beach access at the Southerly terminus of Seapoint Street and Pacific Coast Highway. The ramp will allow access for persons with disabilities and other pedestrians to the bike trail near Bolsa Chico State Beach. Currently there is no safe coastal access from Pacific Coast Highway at Seapoint Street. The Design Review Board reviewed and recommended approval of the project to the Zoning Administrator on Sept. 13, 1996. Coastal Development Permit Number 96-16 was issued on Sept. 20, 1996. The State of California Parks and Recreation Department as approved the project and issued a temporary use permit for construction. The engineer's estimate for this project, including contingencies and supplementals is $88,000. Environmental Status: categorically exempt. Attachment(s): a 2. 3. RCA Author: D. Stack The project has been reviewed and determined to be Project Location Map Sample Contract Use Permit (4 originals for execution CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTL\GTON BEACH DATE: 17, /%% j TO: Name ATTENTION: DEPARTMENT: Street p REGARDING: City, State, Zip ��{{ �(J24 ae eC5s JYI Q Di 1'1 C)/7a AA d1r-1e� 4!? See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk 1d,e 2 Attachments: Action Agenda Page Agreement Bonds Insurance xt5a RCA Deed Other CC: �OIJC� �� � T mP T , N Dep rtMent RCA Azrement Insurance Other Name Department RCA Areement Insurance Other Name Department RCA Amement Insurance Other Name Department RCA Ageement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr ( Telephone: 7 9 4-536.5227 ) 1 G 3 4 F 7 A 9 la li 12 13 1,; 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 • STATE OF CALIFORNIA - THE RESOURCES AGENCY • UY►c�►Yta-�S bD Uct s �� ^^y �01 DEPARTMENT OF PARKS AND RECREATION , TEMPORARY USE F • C ` / I; STATE OF CALIFORNIA, acting ] Department of Parks and Recreation, hereinafter called "STATE", grants permission to the City of Huntington Beach, hereinafter called "PERMITTEE, the use of that certain real property hereinafter described, included within a park unit known as Bols Chica State Beach, in the Orange Coast District. THIS PERMIT IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The exercise of any of the privileges granted by this permit constitutes acceptance of all of the conditions of this permit. Page 1 • 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2. The real property subject to this permit is more particularly described as depicted in the attached Exhibit 3. This permit is issued for the purpose of permitting the construction of a pedestrian/handicapped access ramp from Pacific Coast Highway to Bolsa Chica State Beach adjacent tc the seaward terminus of Seapoint Street in the City of Huntington Beach. Construction shall be generally consistent with plans titled "City of Huntington Beach, Department of.Public Works, Pedestrian Access Ramp, Pacific Coast Highway at Seapoint Street", dated 1/96.and on file.at the Orange Coast District North Sector Office. 4. The premises are.to be used only for the purposes specified above. 5. PERMITTEE, in the exercise of the privileges herein granted, shall at all times comply with all applicable laws, rules and regulations including, but -not limited to, rules and regulations for'the State Park System now in effect or hereinafter adopted.. 6. That no plant shall be cut, injured, or disturbed by PERMITTEE, except as specifically permitted herein, without prior approval of STATE. Page 2 1 7. 2 3 4 5 6 7 8 9 10 11 12• 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 This permission is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title which may affect said property,. and the use. of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 8. PERMITTEE hereby waives all claims and recourse against STATE for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this permit, except claims arising from the concurrent or sole negligence of STATE, its officers, agents, and employees. PERMITTEE shall indemnify, hold harmless, .and defend STATE, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses, or liability costs arising out of the acquisition, development, construction, operation, or maintenance of the property descried herein which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise, except for liability arising out -of the concurrent or sole negligence of STATE, its officer, agents, and employees. In the event STATE in named as codefendant under the provisions of the Government Code Section 895 et seq., PERMITTEE shall notify STATE of such fact and shall represent STATE in such legal action unless STATE undertake: Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 9 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 to represent itself as codefendant in such legal action, in which event STATE shall bear its own litigation costs, expenses, and attorney's fees. In the event judgment is entered against STATE and PERMI.TTEF because of the concurrent negligence of STATE and PERMITTEE, their officers, agents or employees, and apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction: Neither party shall request a jury apportionment. PERMITTEE shall restore said premises as.nearly as possible to the same state and condition they were in prior to the PERMITTEE'S entry upon said premises. If PERMITTEE shall fail to do so, and in the event PERMITTEE shall not correct such breach within ten (10) days after being requested in writing to do so by STATE, then STATE may undertake necessary restoration activities at PERMITTEE'S cost and expense, to be paid by PERMITTEE on demand. 10. The route of ingress, and egress by PERMITTEE'for the purposes herein shall be designated by STATE. Terms of ingress and egress are to be weekdays, excluding holidays, from sunrise to sunset unless otherwise agreed to in writi by the STATE'S representative. Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ill In its use of the area, PERMITTEE shall comply with all STATE requirements. 12. This permit shall terminate at the end of the period as hereinafter provided except that STATE reserves the right t terminate at any time during said period upon giving ten (10) days written notice to PERMITTEE of STATE'S intention to terminate. Upon breach by PERMITTEE of any of the conditions set forth herein, STATE may terminate the permit immediately by written notice to PERMITTEE.. 113 This permit shall not, nor shall any interest herein or thereunder, be assigned, mortgaged, hypothecated, or transferred by PERMITTEE, whether voluntary or involuntary or by operation of law, nor shall permittee let or sublet grant any license of permit with respect to the use and occupancy of the premises of any portion thereof, without the written consent of STATE being first had and obtained. 14. PERMITTEE shall provide evidence of self-insurance to the liability limits stated below or, alternatively, at all times during the term of the permit, maintain in full force and effect, with respect to this permit, a policy or policies of public liability and property damage insurance. This policy or policies is to be in an amount not less than the following: Page 5 1 . Public Liability - $1,000,000 each person, $1,0001000 2 3 each accident; Property Damage Liability (and Products 4 Damage Liability) - $100,000 5 6 and shall be underwritten to the satisfaction of STATE in a 7 form satisfactory to STATE, and a complete and signed S Certificate of Insurance thereof shall be submitted to STATE 9 concurrently with the execution of this permit. 10 11 The Certificate of Insurance will provide: 12 13 14 1.' "The insurer will not cancel the insured's 15 coverage without 30 days prior written notice to STATE. 16 17 2. STATE OF CALIFORNIA, its officers, agents, 1,5 employees and servants are included as additional 19 insureds, but only insofar as the operations of this 20 contract are concerned. 21 22 3. STATE will not be responsible for any premiums or 23 24 assessments on the policy. 25 "Contractor agrees that the bodily injury liability 25 insurance herein provided.'for shall be in effect at all 27 times during the term of this contract. In the event said 28 insurance coverage expires at any time or times during the 29 Page 6 time of this contract, contractor agrees to provide at leas 1 fifteen (15) days prior to said expiration date, a new 2 certificate of insurance evidencing insurance coverage as 3 4 provided for herein for not less than the remainder of the 5 term of the contract, or for.a period of not less than one 6 (1) year. New certificates of insurance are subject to the 7 approval of the Department of Parks and Recreation and 8 contractor agrees. that no work or services shall be 9 performed prior tothe giving of such approval. In the 10 event contractor fails to keep in effect at all times 11 insurance coverage as herein provided, STATE may in additio 12 to any other remedies it may have, terminate this contract 13 upon the occurrence of such event." 14 15 This cancellation provision shall not be construed in 16 derogation of the duty of PERMITTEE to furnish insurance 17 18 during the entire term of the permit. 19 20 In the event permi.ttee fails to keep in effect at all times 21 insurance coverage. as herein provided, STATE may, in 22 addition to any other remedies it. may have, terminate this 23 permit and all privileges permittee may have hereunder.. 24 25 26 15. PERMITTEE shall provide temporary barriers, fencing, 27 flagging, or any other devices deemed necessary by STATE 28 Park's representative to provide for the safety of park 29 visitor(s) . Page 7 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 16. Amendments or changes to this permit shall be only in writing -'and by the STATE'S representative. STATE'S representatives will be as follows and in priority order: 1. Sector Superintendent, North Sector, Orange Coast District 2. District Superintendent, Orange Coast District 3. Manager, Southern Service Center 17. The term of this permit begins on the date of approval by STATE and ends on December 31, 1998. Page 8 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 29 PERMITTEE HEREBY ACCEPTS THE TERMS AND CONDITIONS OF THIS PERMIT CITY OF HUNTINGTON BEACH By Mayor DATE ATTEST: City Clerk REVIEWED AND APPROVED City A0fiinistrator STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION m DAT APPROVED AS TO FORM: c, �A'.(,,Vty Attorney ,ry,�l yI23,S� INITIATED AND APPROVED irecf.or blic' Works Page 9 • s ATTACHMENT #1 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE PEDESTRIAN ACCESS RAMP AT PACIFIC COAST HIGHWAY AND SEAPOINT STREET (CC 1022) 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 the pedestrian access ramp at Pacific Coast Highway and Seapoint Street (CC 1022) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, SAMPLE n and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 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 2 SAMPLE L7A • chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within () consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 SAMPLE 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost 4 SAMPLE • • and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 SAMPLE 0 10. INDEPENDENT CONTRACTOR . . It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 SAMPLE CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the worm if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless'a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly 7 SAMPLE n investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid,schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate,, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments. since commencement of the work, will be paid to CONTRACTOR. 8 SAMPLE When CONTRACTOR has, in the judgment of the DPW,. faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 9 SAMPLE (7) 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims' against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq, of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by.disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish 10 SAMPLE • 0 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. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 11 SAMPLE N 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval. prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract, documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such 12 SAMPLE E • event CITY may make good the deficiency in which the default consists acid deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia 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. 13 SAMPLE 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 14 SAMPLE • • 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California print name ITS: (circle one) Chairman/PresidentNice President Mayor AND ATTEST: By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator City Clerk APPROVED AS TO FORM: ^�� ity Attorney INITIATED AND APPROVED: Director of Public Works 15 SAMPLE (7 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE PEDESTRIAN ACCESS RAMP -AT PACIFIC COAST HIGHWAY AND SEAPOINT STREET (CC 1022) 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 16 SAMPLE ATTACHMENT #2 -------PROJECT:- PEDESTRIAN ACCESS AT SEAPOINT STREET PACIFIC COAST HWY ilkw c11 \I���I���I��"a�w"',I■ICI[ BEACH - LOCATION MAP G:\ACAD\1022\1022LM A EXHIBIT A A PORTION OF RANCHO LA BOLSA CHICA T-58,16S R11 W., SBM ANGE COUNTY L E 6 E N b (D z ......... ...... ...... RECORD OF SURVEY EIK 92 P,� 19 Q y\ A OF SURVEY ag 53 P6 Ap A c I F I C 0 C' E A A' zL C / P j cl 0 M(s) C9 !IA-fil E 16 0 c zi A' NOTE PARK BOUNDARY ALONG PACIFIC OCEAN BETWEEN MAIN STREET AND WESTERLY BOUNDARY OF CITY OF HUNTINGTON BEACH FIXED 01 AGRELMENI RECORDED 2-23 67 IN BOOK 8103 PAGE 3 OFFICIAL FIEZOROS Z 132301 0 ATTACHMENT #3 RCA ROUTING 9HEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorization to Advertise Pedestrian Beach Access Ramp at Seapoint Street and Pacific Coast Highway ( CC-1022 ) COUNCIL MEETING DATE: January 19, 1999 J. ` RFCi q T HIMENTS 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 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) 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 . Y.. EXPL--ANATIO0- FOR MISSING ATTACHMEN_ TSB -a6E s4-REVIEDRETURNED V {} FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) TURN A -5. fXPLAN ►TION OR REall a r = k r RCA Author: D. Stack