HomeMy WebLinkAboutKYA Services, LLC - 2020-02-26 RECEIVED BY: CITY CLERK RECEIPT COPY
JiwMCCa M. N Return DUPLICATE to
K�1' City Clerk's Office
(Name), q after signing/dating
CZZ � Z
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE: g/1 s1
SUBJECT: Bond Acceptance
I have received the bonds for RYA" Se-N/ A ',LC_
(Company Dame)
CAPITAL PROJECTS (Includes CC's and MSC's)Performance Bond No. 0(1500D
Payment Bond (Labor and Materials) Bond No. O3 O3 O
Warranty or Maintenance Bond No. C50360
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
Re: Tract No. Approved /t
Q I� (Council Approval Date)
CC No. I O 011 Agenda Item No. V' �1---
MSC No. City Clerk Vault No. to 0012o
Other No. SIRE System ID No. CL-
g:/forms/bond transmittal to treasurer
i, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
DATE: 8/7/2024
TO: THOSE LISTED HEREON
FROM: Patrick Bannon, PW Capital Projects Administrator
SUBJECT: Retention Release Payment- PO#30378-OP Supplier#77696 Co.#128
Edison Backstop Repair CC-1804
Contractor's Name: KYA Services, LLC
Address: 1800 E. McFadden Ave.
City, State and Zip Code: Sanata Ana, CA 92705-4708
Phone Number: 714-659-6477
City Business License Number:
Notice of Completion (Date by City Clerk): 6/25/2024
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 retention payment is
recommended so long as no stop notices or outstanding invoices are on file with the City.
I certify that no stop notices are on file.
ate Chau Vu, Director of Public Works
I certify that there are no outstanding invoices on file.
•
is l Li_
emu-YVI nyCV44r
Date Jpyce Zacks, Deputy City Treasurer
I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office.
iaLf
Date Robin Estanislau, City Clerk 80.29
Recorded in Official Records, Orange County
• Hugh Nguyen, Clerk-Recorder
liii III 1111111111 11111 II NO FEE
PLEASE COMPLETE THIS INFORMATION * $ R 0 0 1 5 0 1 1 2 9 6 $ *
RECORDING REQUESTED BY: 2024000157270 12:21 pm 06125/24
440 CR-SCO5 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
Attn: Patrick Bannon
P.O. Box 190—2000 Main Street
Huntington Beach,CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT •
• 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 to KYA Services, LLC,who was the company thereon for doing the following work to-wit:
Edison Backstop Repairs,Project#30378
That said work was completed 0328/2024 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 Director of Public Works on 03282024,per City
• Council Resolution No.2003-70 adopted October 6,2003.
That upon said contract Harco National 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
27383 and should be recorded free of charge.
• Director of Public Works or CI i /i1
City of Huntington Beach,California
� UVtit--
STATE OF CALIFORNIA)
County of Orange )ss:
City of Huntington Beach
I,the undersigned,say: I am an Agent of the City of Huntington Beach, owner in fee,in the foregoing NOTICE OF COMPLETION. I
have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge.
I declare under penalty of perjury that the foregoing 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.
This document is solely the.official business of 0�7
the City of Huntington Beach,as contemplated aa{{ee
• under Government code section 27383 and Direct of Pu lic arks or Ci nginee D
should be recorded free of charge. City of Huntington Beach,California
C hVU V it
-
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
rhis document a for the official
(Additional recording fee applies)
business of the CIty of Huntington Desch, - -- -
as contemplated under Government Cods
Sec. 273113 and should bs monied free --
of cheeps.
CONTRACTOR'S CERTIFICATE
Brooks Berry , state and certify that:
(Name of Declarant)
1. KYA Services LLC is the general contractor to the City of
Huntington Beach("City")on Contract No. 30378-OP (the"Contract")
for the construction of the public work of improvement entitled:
City of Huntington Beach - Edison Park- Backstop Repair
(the"Project").
2. All work to be performed pursuant to the Contract has been completed in accordance
with the Contract Documents (as such term is defined in the Contract).
3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all
persons supplying labor, services, materials and equipment to the Project, including all
claims against the contractor arising from the performance of the Contract, have been
paid and satisfied(list unpaid debts and claims; if none, write"NONE"):
Exclusive Landscape Renovation
4. Attached hereto are the lien waivers required by the Contract Documents,which lien
waivers have been executed by all persons who performed work on or supplied labor,
services, materials, and/or equipment for use at the Project.
5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to
Withhold filed pursuant to the Civil Code of the State of California(list all disputed
claims; if none, write "NONE").
None
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed at Santa Ana on this 2 day f Au ust , 20 24 .
(Signature of Declaran
APPROVED AS ORM
Michae . Gates
City ttomey
1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On 08/26/2024 before me, Abraham Flores III, Notary Public
(insert name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ABRANAM 6-16-d lil
,, Notary Public-California
; ; Orange County t
A..19q Commission#2417905
My Comm.Expires Sep 23,2026
Signature (Seal)
Certification of Compliance with Prevailing Wage Laws
To: City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Re: Certification of Compliance with Prevailing Wage Laws
Contract: 30378-OP
Project: City of Huntington Beach - Edison Park-Backstop Repair
The undersigned contractor on the above-referenced project("Project") hereby certifies that all
laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any
subcontractor performing work under the contract for the Project have been paid pursuant to the
minimum wage and bona fide fringe benefit requirements specified for each particular
classification of work, as set forth in the wage-rate determinations of the State of California,
Department of Industrial Relations, and/or the United States Department of Labor.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this 26th day of August ,20 24 , at Santa Ana , California.
(Contractor Name) Brooks Berry,CF
APPROVED O FO
By:
Mi ael E. Gates
Attorney
1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On 08/26/2024 before me, Abraham Flores III, Notary Public
(insert name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
FLoctEs
Public-California
M
Notary
: Orange County _
r,;yq 1 Commission#2417905
—_ My Comm.Expires Sep 23,2026 ■
Signature (Seal)
•
Certification of Compliance with Title VII of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
To: City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach,CA 92648
Re: Certification of Compliance with Title VII of the Civil Rights Act
and Equal Employment Opportunity Act of 1972
Contract: 30378-OP
Project: City of Huntington Beach -Edison Park- Backstop Repair
The undersigned contractor on the above-referenced project("Project") hereby certifies that it
has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and
Executive Order 11246, and has not discriminated against any employee or applicant for
employment because of race, color,religion, sex, sexual orientation, gender identity,national
origin, age or disability. The undersigned contractor also certifies that it has not maintained any
segregated facilities at its establishments on the basis of race, color,religion, sex, sexual
orientation, gender identity, national origin, age or disability(with the exception of access for the
disabled).
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this 26th day of Au ust 24 , na , California.
(Contrac or Name) Brooks Berry,C
APPROVED
By:
Michael E. Gates
City Attorney
1
. ,
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On 08/26/2024 before me, Abraham Flores III, Notary Public
(insert name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
ABRAI S FLORES III
Notary Public-California
¢(i3.'lcCommission#2417905
My Comm.Expires Sep 23,2026
Signature (Seal)
PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
ATAAIA TM _
Document A312 2010
Performance Bond Bond No. 0850380
Premium:$1,580.00
CONTRACTOR: KYA Services LLC SURETY:Harco National Insurance Company
(Name, legal status and address) (Name, legal status and principal place of business)
1800 E.McFadden Ave 4200 Six Forks Road,Suite 1400
Santa Ana,CA 92705 Raleigh,NC 27609
This document has important legal
consequences.Consultation with
OWNER: an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
City of Huntington Beach
2000 Main Street Any singular reference to
• Huntington Beach,CA 92648 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: February 06,2024 AIA Document A312-2010
combines two separate bonds,a
•
Amount: One Hundred Forty-five Thousand Nine Hundred Nineteen And 35/100Dollars Performance Bond and a
($145,919.35) Payment Bond,into one form.
This is not a single combined
Description: City of Huntington Beach-Edison Park-Backstop Repair; Performance and Payment Bond.
(Name and location)30378-OP; KYA Job No.P-0100061
•
BOND
Date: February 09,2024
(Not earlier than Construction Contract Date)
Amount: One Hundred Forty-five Thousand Nine Hundred Nineteen And 35/100Dollars($145,919.35)
Modifications to this Bond: r❑None 0 See Section 16
„o. ''''''''''fitRACTOR AS PRINCIPAL SURETY
C.' ery
- qoa ) (Corporate Seal) Company: (Corporate Seal)
\.ed Leq4pakes L Harco Nation uran - Company
2O 1 ageit e: - Signature: ' , ,
S ame r = YQti . ,3 Name Chn-tineWo•Iford-
';N '•O T.ttlgi• C�r[� and Title: Attorney-in- act
m dtonal signatures appear on the last page of this Pe or mance :End I
°f Ca0°,y,
'`"...,,,,,,(FO.t(INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party.)
The Bond Exchange and Insurance Agency
24800 Chrisanta Drive,Suite 160,Mission Viejo,CA 92691
Agency Telephone:949-461-7000
AIA Document A312''—2010.The American Institute of Architects.This document was created on under the terms of
Init. AIA Documents-on-DemandTM order no. ,and is not for resale.This document is licensed by The American Institute of Architects for
one-time use only,and may not be reproduced prior to its completion. 051010
•
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
_performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
- a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312""—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-DemandT""order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 2
one-time use only,and may not be reproduced prior to its completion.
1
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§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 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor 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,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AlA Document A312TM'—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-Demandm order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 3
one-time use only,and may not be reproduced prior to its completion.
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
• Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA Document A312TM—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-Demand^"order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 4
one-time use only,and may not be reproduced prior to its completion.
1
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
• document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
FEB 0 9 2024
On before me, Thao Nguyen Luu , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Christine Woolford
Name(s)of Signer(s)
•
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
• within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
4�c� ? tart' blic-C lif person(s), or the entity upon behalf of which the person(s)
• „��+':, Notary Public-Caltfani �
' Oran acted, executed the instrument.Orange County a �
{;a.r, Commission k 24531104
My Comm.Expires Jul 11,2027 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
•
Signature 46(/l4/
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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): •
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General
❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
El Trustee • OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY Bond# 0850380
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of
the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New
Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and
appoint
P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE WOOLFORD, IRENE LUONG, ALEXANDER R.
HOLSHEIMER, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON
Mission Viejo, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written
obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December,2023
krj STATE OF NEW JERSEY STATE OF ILLINOIS ?�O?4o0ORgr p
oar p� �SEAL � County of Essex ,
/ County of Cook :Z
t(74
ar y SEAL
rrt
a Kenneth Chapman a, �� * . '�•;,
1N7 + k Executive •
Vice President,Harco National Insurance Company """
and International Fidelity Insurance Company
On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
`"".......
�� "' IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
o``Gp,(HY CRG
:••ssio^,�+� New Jersey the day and year first above written.
•
:op NOTARY It
:1; ►•� m:
:� PUBLIC fit, /ll..•J
S. Nam•. •lpya .' '/'y�`y�'fC/-(/q/•
��'•., -F.NeytJ ,r
, Cathy Cruz
Commission otaryPublic of New Jersey
My Expires April 16,2024
CERTIFICATION
I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the
whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, February 9,2024
A00964
Irene Martins,Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On February 12, 2024 before me, Sierra Read, Notary Public
(insert-name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ,� SIERRA READ
Notary Public•California z
Orange County
r 7 Commission=2344229
'� My Comm.Expires Jan 29.2025
Signature (/ (Seal)
Document A312 2010
Payment Bond Bond No.0850380
Premium listed on Performance Bond
CONTRACTOR: KYA Services LLC SURETY: Harco National Insurance Company
(Name, legal status and address) (Name, legal status and principal place of business)
1800 E.McFadden Ave 4200 Six Forks Road,Suite 1400
•
Santa Ana,CA 92705 Raleigh, NC 27609
This document has important legal
consequences.Consultation with
OWNER: an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
City of Huntington Beach
2000 Main Street Any singular reference to
•
Huntington Beach,CA 92648 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: February 06,2024 AIA Document A312-2010
combines two separate bonds,a
Amount:One Hundred Forty-five Thousand Nine Hundred Nineteen And 35/100Dollars Performance Bond and a
($145,919.35) Payment Bond,into one form.
Description: City of Huntington Beach-Edison Park-Backstop Repair; This is not a single combined
(Name and location)30378-OP; KYA Job No. P-0100061 Performance and Payment Bond.
BOND
Date: February 09,2024
(Not earlier than Construction Contract Date)
Amount: One Hundred Forty-five Thousand Nine Hundred Nineteen And 35/100Doliars($145,919.35)
Modifications to this Bond: ®None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
��,.11l"lllli sivany: (Corporate Seal) Company: (Corporate Seal)
sent►
�r�vices L Harco Nation Insure ce Compa
+ \�ea Li S , _ • Signature: ` 1
v 2O1 a VYt� Name Chr-tine W.o 7rd
SF�and litter J and Title: Attor ey-in-F=ct
;(N'. Om`"''''a�A�,ty ad h�nal signatures appear on the last page of this Payment Bon:
O ' (�ij 'ORMATION ONLY—Name, address and telephone)
,,,,C, ',E1dI or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party.)
The Bond Exchange and Insurance Agency
24800 Chrisanta Drive,Suite 160,Mission Viejo,CA 92691
Agency Telephone:949=461-7000
AIA Document A312TM—2010.The American Institute of Architects.This document was created on under the terms of
Init. AIA Documents-on-Demand"'order no. ,and is not for resale.This document is licensed by The American Institute of Architects for 5
one-time use only,and may not be reproduced prior to its completion. 061010
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
- the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attomey's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A3127"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-Demand'"'order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 6
one-time use only,and may not be reproduced prior to its completion. -
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or •
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document A312",—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-DemandTm order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 7
one-time use only,and may not be reproduced prior to its completion.
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
•
•
•
•
•
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: • Address:
AlA Document A312T'"—2010.The American Institute of Architects.This document was created on 09/20/2010 16:08:23 under the terms of
Init. AIA Documents-on-DemandT"'order no. 2005199009,and is not for resale.This document is licensed by The American Institute of Architects for 8
one-time use only,and may not be reproduced prior to its completion.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
•
On FEB 0 9 2024 before me, Thao Nguyen Luu , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Christine Woolford
Name(s)of Signer(s)
• who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
TNAO NGUYEN LUU and that by his/her/their signature(s) on the instrument the
? Notary►ullIc-California Z person(s), or the entity upon behalf of which the person(s)
orinp Ciunty
.',,,, Commission x 2453804 - acted, executed the instrument.
My Comm.Expires Jul 18,2027
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature ✓�
Place Notary Seal Above Signature of otary 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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—,Title(s):
❑ Partner El Limited ❑General El Partner ❑Limited El General
❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee • OF SIGNER
El Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY Bond# 0850380
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609
KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of
the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New
Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and
appoint
P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE WOOLFORD, IRENE LUONG, ALEXANDER R.
HOLSHEIMER, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON
Mission Viejo, CA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of
Directors of HARCO NATIONAL.INSURANCE COMPANY at a meeting held on the 13th day of December,2018. .,
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation'
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written
obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December,2023 ,,,,,,,,,,,
�`O TY r (j STATE OF NEW JERSEY STATE OF ILLINOIS •�O?opPOr�ra?0:•
��1 Countyof Essex '`lc. m.R`
• � `j SEAS t County of Cook z SEAL
18
•
Y 1904 'vd•'•�<t Nam`' i _
4 Kenneth Chapman '-.y 1•�.•'
*
L'40 Executive Vice President,Harco National Insurance Company ......"
and International Fidelity Insurance Company
On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
".........""HY • IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
°•s�,GP�s oNRG� Jerseyday year the and first above written.
U NOTARY pPUBLIC
Ne op NEVI 3 Cathy Cruz l/-, a Notary Public of New Jersey
'....,,,....a." My Commission Expires April 16,2024
CERTIFICATION
I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the
whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, February 9,2024
„4,
A00964
a
Irene Martins,Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On February 12, 2024 before me, Sierra Read, Notary Public
(insert name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. SIERRA READ
Notary Public•California
Orange County >
Commission=2344229
•� O_ My Comm.Expires Jan 29,2025
7
Signature (Seal)
• f• BOND PREMIUM INCLUDED IN PERFORMANCE BOND
BOND NO.0850380
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That KYA Services LLC •
(contractor's name)
1800 E. McFadden Ave Santa Ana, CA 92705
(contractor's street address,city and state and zip code) '
as Principal (hereinafter called Contractor),and:
Harco National Insurance Company (surety's name)
4200 Six Forks Road, Suite 1400 Raleigh, NC 27609
(surety's street address,city and state and zip code) •
a corporation organized and existing under the laws of the State of Illinois with its principal office
in the City of Anaheim, CA as Surety(hereinafter called Surety),are held firmly bound unto CITY OF
HUNbINgi-ned Fo we ousa
ON
u F�AC ids Obligee (hereinafter called Owner), in the amount of
ne
Nine Hundred Nineteen and 35/100 Dollars ($ 145,919.35 ), equivalent to the entire •
contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators,successors,and assigns,jointly and severally,firmly by these presents,
WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and
• Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding
limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and
Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's,Standard
&Poor's,to validate that Surety has positive ratings of being secure or stable;and
Surety is registered and listed with the California Department of Insurance;and
Contractor has by written agreement dated February 6 ,20 24 entered into a contract with Owner for the
City of Huntington Beach-Edison Park-Backstop Repair;30378-OP; KYA Job No. P-0100061 •
in accordance
with drawings and specifications prepared by KYA Services LLC which contract is by •
reference made a part hereof(hereinafter referred to as the Contract);and
The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the
Contract from and against all defects in materials and workmanship;and
The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a •
bond executed by a surety duly admitted in the state of California;and •
The Contract has been completed,and the Owner, Contractor and Surety agree that the commencement date for this
Guarantee and Bond shall be ,20_, •
NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one
year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and
all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this
obligation shall be null and void;otherwise it will remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within •
thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly
• complete the Contract in accordance with its terms and conditions.
•
Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to •
either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner.
•
15-4584/118138 1
i
•
Whenever the Principal shall be, and declared by the Owner to be in default under the Contract,which shall include
without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as
provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and
faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a
contractor other than the Principal,at its own expense,and make available as work progresses sufficient funds to pay
the cost of completion less the unpaid balance of the Contract including other costs and damages for which the
surety may be liable hereunder, provided,however, that the procedure by which the Surety undertakes to discharge •
its obligations under this Bond shall be subject to the advance written approval of the Owner.
Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the •
Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's
election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly
by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety •
shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the
Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and
completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or
failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to
the Owner upon completion of the cure or remedy of the Principal's defaults)of its performance of the Contract.
If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its
performance of the Work within thirty(30) days after receipt of a written notice from Owner, Surety shall be deemed •
to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named
herein or the successors of Owner.
•
Signed and sealed this 29th day of March , 20 24
•
Principal Raised Corporate Seal KYA Services LLC „,,,,',in,,,,,,,�
[MUST BE AFFIXED] Contractor Name) ;Pse rvi,, '',,,,
:\red L/a6( ;
By: I) f
• 2013 = ni
SEAL
Principal Raised.Corporate Seal Oj4•.5 �jQ.`(�y e, ••. !l7Pad ``�'
[MUST BE AFFIXED] 1 '„ f••,,,,Cam0��.`�
(Title)
Harco National Insurance Company
(Surety Name)
\I
By: . . V (Seal)
C istine Wwolford, i r y-rn-Facf •
APPR• Ell AS RM: •
B •
NOTES: Ichael E. Ga es, City Attorney
1. Acknowledgments must be completed and returned 1�1
as part of the bond. I "Will
2. Raised Corporate Seals are mandatory.
3. Please attach Power of Attorney.
15-4584/118138 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 'MAR 2 9 2024 before me, Thao Nguyen Luu _, Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Christine Woolford
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
THAO NGUYEN LUU person(s), or the entity upon behalf of which the person(s)
411/V' Notary Public-California
orange County acted, executed the instrument.
"`i. ' Commission b 2453804
My Comm.Expires Jul18,2027 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature
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 the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
' Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
• ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General
❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee • . OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY Bond# 0850380
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609
KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of
the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New
Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and
appoint
P. AUSTIN NEFF, EMILIE GEORGE, CHRISTINE WOOLFORD, IRENE LUONG, ALEXANDER R.
HOLSHEIMER, JAMES W. MOILANEN, YUNG T. MULLICK, DANIELLE HANSON
Mission Viejo, CA
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attomey is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written
obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each.executed and attested these presents
on this 31st day of December,2023 ...••....,,
tVY Yr j STATE OF NEW JERSEY STATE OF ILLINOIS 0 arW p?
�pi5 SEAL A t County of Essex County of Cook :Z i&lSEAL ?p c
1904 :o i 1984
*JE Kenneth Chapman
• 1 I►b Executive Vice President,Harco National Insurance Company �.'"'^.....
and International Fidelity Insurance Company
On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
`....•......"' IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
49siu P.
New Jersey the day and year first above written.
•
•p NOTARY �•
:S. PUBLIC m:
OF'N*,� ,•'�,` Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16,2024
CERTIFICATION
I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the
whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, March 29,2024
A00964
Irene Martins,Assistant Secretary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On . 04/01/2024 before me, Abraham Flores III, Notary Public
(insert name and title of the officer)
personally appeared Brooks Berry
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS myhand and official seal. �,,� ABRAHAM FLORES III
? Notary Public-ctiornla
Orange County
m Commission#2417905
My Comm.Expires Sep 23,2026
Signature (Seal)
8/7/24,8:17 AM Encumbrance Inquiry-Work With Commitment Inquiry
JD Edwards JDD System Service Account
Encumbrance Inquiry-Work With Commitment Inquiry Personal Form: (No Personalization) v i La o -. .:
q ry 4 'ry Layout: (No Layout) v. Query: All Records v i T *#'
°3:Tools
Order No I*.............. I*.._...... r',I*..... Branch/Plant 1*
Account i
Type/Subledger (* it * Total Open Units [ 1
G/L Date from thru (( Total Open Amount 7,295.97 I
0 Order Summary
i Records 1-5
130378 3 µ.. 6. i ; 3
3
I( ... _
Order Or ; Order Line Amount G/L Amount Units ': Units I
0 : Number ? Co Number ; Supplier Description Committed Date Relieved. Committed ' Relieved Account Number S
Ty
D I 30378 OP 01284 1000 77696 Replace E 145,919.35: 02/06/20241 128485005.82800
D
30378;OP =01284 1 000';r 77696.Replace E.. 05/10/2024: 138,623 38 128485005.82800
i .._
30378 OP :01284 1.000 s 77696:Replace E.. 7,295.97- 06/30/2024: 128485005.82800
D ; ___._ t ._.
D 30378 OP 01284 1000 77696 Replace E 7,295 97 07/01/2024 1 128485005.82800
.... ®.
D•
Totals 145,919 35' 138,623 38
https://jdeprod.cohb.net/jde/E1 Menu.maf?jdeowpBackButtonProtect=PROTECTED 1/1
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Treasurer
FROM: City Clerk
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for KY,' S VS ((t- 2,
(Company Name)
CAPITAL PROJECTS (Includes CC's and MSC's)Performance Bond No. l5O33
D
Payment Bond (Labor and Materials) Bond No. 'N50350
Warranty or Maintenance Bond No. 6350360
TRACT AND DEVELOPMENT
Faithful Performance Bond No.
Labor and Material Bond No.
Guarantee and Warranty Bond No.
Monument Bond No.
Franchise Bond No.
Letter of Credit Bond No.
Other
•
Re: Tract No. Approved
ii Q r, (Council Approval Date)
CC No. I (?V Agenda Item No. hl /
MSC No. City Clerk Vault No. 0.50 Vo0.20
Other No. SIRE System ID No. 0t--.
g:/forms/bond transmittal to treasurer
Bannon, Patrick
From: Bannon, Patrick
Sent: Thursday, March 28, 2024 12:28 PM
To: 'Deanna Rey'
Subject: RE: Project Submittals/As Builts - P-0100061 Edison Park- Backstop Repair
Attachments: Affidavits - Contractor- Prey Wage -Title 7 Certs .pdf; Maintenance Bond Signed by
Michael Gates.pdf
Thank you Deanna!
Please see below informal acceptance of the project. Please let me know if you have any questions with the below:
Please be advised that the City has informally accepted the improvements constructed as of
03/28/2022. This informal acceptance is limited to only:
1. A release of liability from usage of the improvements by the public. This release does not include
those responsibilities for accidents occurring as a result of defective workmanship.
2. Termination of contract construction time.
Retention funds withheld during this project will be released 35 days after the recordation of the Notice of
Completion (NOC) by the County of Orange. In order to release the retention funds the following items
must be submitted for approval, to the City:
1. Certificate of Compliance for Prevailing Wages (enclosed)
2. Contractor's Certificate (enclosed), including unconditional lien waivers
3. Title VII Certificate of Compliance (enclosed)
4. One-year(100% of costs including change orders) Maintenance Bond (enclosed)
5. Unconditional releases from the preliminary notices
6. Authorization from your surety to release retention funds
7. Completion of punch list items—Punch list complete per Patrick Bannon
Should you have any questions, please contact me.
Thanks,
Patrick Bannon
Capital Projects Administrator
Engineering I Public Works I City of Huntington Beach
C:(815)603-2811
Patrick.Bannon 5 surfcity-hb.orq
From: Deanna Rey<deanna.rey@thekyagroup.com>
Sent:Thursday, March 28,2024 11:49 AM
To: Bannon, Patrick<Patrick.Bannon@surfcity-hb.org>
Subject: Project Submittals/As Builts-P-0100061 Edison Park- Backstop Repair
Good afternoon Patrick!
Thank you for your patience, I was out of the office for a few days this week. Please see the attached materials
specifications used on site for your records along with a drawing of the posts-"as builts". Let me know if this works for
what you need.
1
Recorded in Official Records, Orange County
• Hugh Nguyen, Clerk-Recorder
II IIIIII1 III IIII III IlU H II II�I�II 1110 II NO FEE
PLEASE COMPLETE THIS INFORMATION * $ R 0 0 1 5 0 1 1 2 9 6 $ *
RECORDING REQUESTED BY: 2024000157270 12:21 pm 06125124
440 CR-SC05 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH •
•
PUBLIC WORKS DEPARTMENT
Attn:Patrick Bannon
P.O.Box 190-2000 Main Street
•
Huntington Beach,CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT
• • NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,200D Main Street,Huntington Beach,CA 92648,that
the contract heretofore awarded to KYA Services,LLC,who was the company thereon for doing the following work to-wit
Edison Backstop Repairs,Project#30378
•
That said work was completed 03/28/2024 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-Director of Public Works on 03/28/2024,per City
• Council Resolution No.2003-70 adopted October 6,2003.
That upon said contract Harco National 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
27383 and should be recorded free of charge.
• Director of Public Works or C f DDDaaattteee
City of Huntington Beach,California
STATE OF CALIFORNIA)
County of Orange )ss: •
City of Huntington Beach
•
1,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I
have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge.
I declare under penalty of perjury that the foregoing 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.
This document is solely the.ofcial business of
the City of Huntington Beach,as contemplated - e�a i
• under Government code section 27383 and Direct of Pu lic orks or C' ngi -> Dale
should be recorded free of charge. City of Huntington Beach,California
CMU vI
•
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR.RECORDING INFORMMATION. , --- —
i his document is solely for dm_____ (Additional recording fee applies)
business of the City of Ifunthigton Roach, • • - - - -- -
as contemplated under Government Code
Sec.2731Is end Mauldin recorded Tres : --
of charge.
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
Attn: Patrick Bannon
P.O. Box 190—2000 Main Street
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT
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 to KYA Services, LLC,who was the company thereon for doing the following work to-wit:
Edison Backstop Repairs, Project#30378
That said work was completed 03/28/2024 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 Director of Public Works on 03/28/2024, per City
Council Resolution No. 2003-70 adopted October 6, 2003.
That upon said contract Harco National 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
27383 and should be recorded free of charge.
Director of Public Works or city Engineer Da e
City of Huntington Beach, California
Chin/ \LIU
STATE OF CALIFORNIA)
County of Orange )ss:
City of Huntington Beach
I,the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I
have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge.
I declare under penalty of perjury that the foregoing 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.
This document is solely the official business of a
the City of Huntington Beach, as contemplated
under Government code section 27383 and
Directbfof Public Works or City Engineer Date
should be recorded free of charge. City of Huntington Beach, California
C hat() V U--
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
fills document is solely for the official (Additional recording fee applies)
business of the City of Huntington Beech,
as contemplated under Government Code
Sec. 27383 and shouirtbe recorded free
of charge.
Procurement Division
DE S
CALIFORNIA DEPARTMENT OF 707 Third Street, 2nd Floor, MS #2-202
GENERAL SERVICES West Sacramento, CA 95605-2811
State of California
MULTIPLE AWARD SCHEDULE
KYA Services, LLC
CMAS NUMBER: 4-20-78-0089C
CMAS TERM DATES: 2/26/2020 through 2/10/2025
CMAS CATEGORY: Non Information Technology Commodities
December 1 , 2017
APPLICABLE (www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/
& CONDITIONS: CMAS/Non-IT-Commodities-CMAS-Terms-and-
TERMSConditions.ashx?la=en&hash=9AD54FF697C740F342
E8B9B5BDEEDFC263632CB3)
FOR USE BY: State & Local Government Agencies
BASE GSA SCHEDULE #: 47QSMA2ODO8P7
BASE SCHEDULE HOLDER: KYA Services, LLC
This CMAS provides for the purchase, warranty, installation, maintenance, and
repair of park and playground equipment.
NOTICE: Products and/or services on this CMAS may be available on a Mandatory
Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State
agency has an approved exemption as explained in the Statewide Contract User Instructions.
Information regarding Statewide Contracts can be obtained at the: Statewide Contract Index
Listing (www.documents.dgs.ca.gov/pd/contracts/contractindexlisting.pdf). This requirement
is not applicable to local government entities.
Buyers must verify that the CMAS vendor has a letter of authorization from the manufacturer
or an authorized distributor for the sale of the products being procured. Service specific
letters of authorization are required if the CMAS vendor is providing installation,
maintenance, and repair services.
The services provided under this CMAS are only in support of the products covered by this
CMAS.
Original Signature On File Effective Date: 2/26/2020
BRYAN DUGGER, Program Analyst, California Multiple Award Schedules Unit
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
CMAS RESTRICTION FOR CARPET PURCHASES
The Department of General Services' Office of Sustainability has determined that all carpet
purchased by state agencies be made at the ANSI/NSF-140 Platinum level. The Governor's
Executive Order B-18-12 Ordered that the State agencies purchase and use environmentally
preferable products that have a lesser or reduced effect on human health and the
environment. Carpet that is 3rd party certified to ANSI/NSF-140 Platinum level meets the
requirement.
IMPORTANT NOTE TO ALL USERS OF THIS MULTIPLE AWARD SCHEDULE
A contract for the purchase and installation of carpet is a public works contract as defined in
Section 1101 of the Public Contract Code and, as such, requires certain special conditions.
Prior to placing an order against this multiple award schedule, read Attachment C entitled
"INFORMATION REGARDING THE PURCHASE AND INSTALLATION OF CARPET AND
OTHER FLOOR COVERINGS" to ensure your agency understands the special conditions
involving public works contracts. If your agency does not have staff with expertise involving
public works contracts, it is recommended that you seek interagency assistance or consider
not using this multiple award schedule.
The most current Ordering Instructions and Special Provisions, CMAS Terms and
Conditions, and products and/or services are included herein. All purchase orders issued by
State agencies under this CMAS shall incorporate these Ordering Instructions and Special
Provisions and CMAS Terms and Conditions dated December 1, 2017.
Agency non-compliance with the requirements of this CMAS may result in the loss of
delegated authority to use the CMAS program.
CMAS contractor non-compliance with the requirements of this CMAS may result in
termination of the CMAS.
Ordering Instructions and Special Provisions 2
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
CMAS PRODUCT & SERVICE CODES ISSUE PURCHASE ORDER TO
The CMAS Product & Service Codes listed Agency purchase orders must be either
below are for marketing purposes only. mailed or emailed to the following:
Review this CMAS and the base contract
identified below for the products and/or KYA Services, LLC
services available on this CMAS. 1800 East McFadden Avenue
Santa Ana, CA 92705
Brand-Act Global Attn: John Anthony Leyds
Brand-Bentley
Brand-Quick Crete E-mail: tony.leyds@thekyagroup.com
Brand-Tandus
Building-Prefab Structure Agencies with questions regarding products
Floor Coy-Broadloom Carpet and/or services may contact the CMAS
Floor Coy-Hardwood contractor as follows:
Floor Coy-Sport Flooring
Floor Coy-Synthetic Turf Contact: John Anthony Leyds
Floor Coy-Vinyl Sheeting/Tile Phone: (714) 659-6476
Playground-Equip E-mail: tony.leyds@thekyagroup.com
Sport Surface-Synthetic Track
TOP 500 DELINQUENT TAXPAYERS
AVAILABLE PRODUCTS AND/OR
SERVICES In accordance with Public Contract Code
(PCC) § 10295.4, and prior to placing an
All of the products from the manufacturers order for non-IT goods and/or services,
listed in the base GSA schedule are available agencies must verify with the Franchise Tax
within the scope of this CMAS. Board and the California Department of Tax
and Fee Administration that this CMAS
The ordering agency must verify all products contractor's name does not appear on either
and/or services are currently available on the list of the 500 largest tax delinquencies
base General Services Administration (GSA) pursuant to Section 7063 or 19195 of the
schedule. Access the GSA eLibrary at Revenue and Taxation Code. See next
www.gsaelibrary.gsa.gov. paragraph for information.
CMAS BASE CONTRACT The Franchise Tax Board's list of Top 500
Delinquent Taxpayers is available at
This CMAS is based on some or all of the www.ftb.ca.gov/aboutftb/delinquent-
products and/or services and prices from taxpayers.shtml.
GSA Schedule Number 47QSMA20D08P7
(KYA SERVICES, LLC) with a GSA term of The California Department of Tax and Fee
2/11/2020 through 2/10/2025. Administration's list of Top 500 Sales & Use
Tax Delinquencies in California is available at
www.cdtfa.ca.gov/taxes-and-fees/top500.htm.
Ordering Instructions and Special Provisions 3
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
CALIFORNIA SELLER'S PERMIT CALIFORNIA CIVIL RIGHTS LAW
CERTIFICATION
KYA Services, LLC's California Seller's Permit
Number is 102369022. Prior to placing an Pursuant to Public Contract Code section
order with this company, agencies must verify 2010, effective January 1, 2017, applicants
that this permit is still valid at the California must certify their compliance with the
Department of Tax and Fee Administration California Civil Rights laws and Employer
website (cdtfa.ca.gov). Discriminatory Policies (section 51 of the Civil
Code, section 12960 of the Government
CMAS PRICES Code). It is the agency's responsibility to
verify that the contractor has a California Civil
The maximum prices allowed for the products Rights Law Certification on file.
and/or services available in this CMAS are
those set forth in the base contract identified WARRANTY
on page 3 of this CMAS.
For warranties, see the federal GSA schedule
The ordering agency is encouraged to seek and the CMAS Terms and Conditions,
prices lower than those on this CMAS. When General Provisions, CMAS Warranty.
responding to an agency's Request for Offer
(RFO), the CMAS contractor can offer lower DELIVERY
prices to be competitive.
As negotiated between agency and CMAS
PRICE DISCOUNTS contractor and included in the purchase order,
or as otherwise stipulated in the contract.
This CMAS contains quantity and prompt
payment discounts. See the base GSA SHIPPING INSTRUCTIONS
schedule for the specific percent of discount.
F.O.B. (Free On Board) Origin. Buying agency
DARFUR CONTRACTING ACT pays the freight charges.
This CMAS contractor has certified State agencies (not local governments)
compliance to the Darfur Contracting Act, per shall follow the instructions below
Public Contract Code (PCC) § 10475, et seq. whenever the weight of the purchase is
It is the agency's responsibility to verify that 100-lbs or more and F.O.B. Destination,
the contractor has a Darfur Contracting Act Freight Prepaid is not used.
Certification on file.
All shipments will be made by ground
transportation unless otherwise ordered on
the purchase order.
Ordering Instructions and Special Provisions 4
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
Before placing order, contact the DGS Shipping Instructions:
Transportation Management (916) 376-1888
to determine the routing of freight shipments. Supplier route via United Parcel Service
You will need to provide Transportation (ground).
Management with the point of origin and State of California, Department of
destination. They will also want to know the UPS account number applies.
commodity being shipped and the estimated State of California Purchase Order Number
shipping weight of the order. If shipping . SHIP COLLECT. Estimated
overnight, the account number must be UPS charges:
included.
If supplier is unable to use UPS, call
Routing information should be shown on the Transportation Management at (916) 376-
. face of the purchase order in the format 1888.
shown below.
CMAS Contractor Note: Additional shipping
Shipping Instructions: costs incurred by deviation to above shipping
instructions, without Transportation
Supplier route via: Management approval, shall be charged to
Carrier's telephone number: the CMAS contractor.
Annotate bill/s of lading as follows: PURCHASING AUTHORITY DOLLAR
THRESHOLD
"Freight for account of State of California.
Tender Number: applies. State Order limits for the purchase of goods and/or
of California Purchase Order Number: services is determined by the individual
SHIP FREIGHT COLLECT." agency purchasing authority threshold.
Estimated Freight charges:
No CMAS order may be executed by a State
If supplier is unable to use this carrier, call agency that exceeds that agency's purchasing
Transportation Management at (916) 376- authority threshold. State agencies with
1888. approved purchasing authority, along with
their dollar thresholds can be obtained at the
The following statement must be noted on List of State Departments with Approved
the purchase order when the commodities Purchasing Authority website
are being shipped via UPS (United Parcel (www.dgs.ca.gov/PD/Resources/Page-
Service) and the State is paying directly to Content/Procurement-Division-Resources-
UPS (Collect). List-Folder/List-of-State-Departments-with-
Approved-Purchasing-Authority).
Ordering Instructions and Special Provisions 5
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
HOW TO USE CMAS • If less than 3 offers are received, State
agencies must document their file with the
Agencies must adhere to the detailed reasons why the other suppliers solicited
requirements in the State Contracting Manual did not respond with an offer.
(SCM) when using CMAS. The requirements • Assess the offers received using best
for the following bullets are in the SCM, value methodology, with cost as one of
Volume 2, Chapter 6 (for non-IT), the SCM, the criteria.
Volume 3, Chapter 6 (for IT), and the SCM, • Issue a Purchase Order to the selected
Volume FISCAL, Chapter 5 (FISCAL): CMAS contractor.
• For CMAS transactions under$10,000,
• Develop a Request for Offer, which only one offer is required if the State
includes a Scope of Work (SOW), and agency can establish and document that
Bidder Declaration form. For information the price is fair and reasonable. The fair
on the Bidder Declaration requirements, and reasonable method can only be used
see the SCM, Volume 2, Section 3.5.7 for non-customizable purchases.
and Volume 3, Section 3.4.7.
• Search for potential CMAS contractors on Local governments set their own order limits,
the CMAS website and are not bound by the order limits on the
(www.dgs.ca.gov/PD/About/Page- cover page of this CMAS.
Content/PD-Branch-Intro-Accordion-
List/Acquisitions/California-Multiple- SPLITTING ORDERS
Award-Schedules) and select"Find a
CMAS Contractor." Splitting orders to avoid any monetary
• Solicit offers from a minimum of 3 CMAS limitations is prohibited.
contractors including one small business
and/or DVBE, if available, who are Do not circumvent normal procurement
authorized to sell the products and/or methods by splitting purchases into a series of
services needed. delegated purchase orders, per Public
• If soliciting offers from a certified DVBE, Contract Code (PCC) § 10329.
include the Disabled Veteran Business
Enterprise Declarations form (Standard Splitting a project into small projects to avoid
843) in the Request for Offer. This either fiscal or procedural controls is
declaration must be completed and prohibited, per State Administrative Manual
returned by the DVBE prime contractor (SAM) § 4819.34.
and/or any DVBE subcontractors. (See
the SCM Volumes 2, 3, and FISCAL, MINIMUM ORDER LIMITATION
Chapter 3).
• This is not a bid transaction, so the small The minimum dollar value of an order to be
business preference, DVBE incentives, issued under this CMAS is $2,500.00.
protest language, intents to award,
evaluation criteria, advertising, etc., are
not applicable.
Ordering Instructions and Special Provisions 6
•
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
ORDERING PROCEDURES The contractor must immediately reject
purchase orders that are not accurate.
1. Purchase Orders Discrepancies are to be negotiated and
incorporated into the purchase order prior
All Ordering Agency purchase order to the products and services being
documents executed under this CMAS delivered.
must contain the applicable CMAS number
as show on page 1. 2. Service and Delivery after CMAS
Expiration
1. State Departments:
The purchase order must be issued before
Standard 65 Purchase Documents — the CMAS expires. However, delivery of
State departments not transacting in the products or completion of the services
FI$CaI must use the Purchasing may be after the CMAS expires (unless
Authority Purchase Order (Standard 65) otherwise specifically stated in the
for purchase execution. An electronic purchase order).
version of the Standard 65 is available
at the DGS-PD website 3. Multiple CMAS Agreements on a Single
(www.dgsapps.dgs.ca.gov/osp/Statewid Purchase Order
eFormsWeb/Forms.aspx), select
Standard STD Forms. Agencies wishing to include multiple
CMAS(s) on a single FISCAL purchase
FISCAL Purchase Documents— State order must adhere to the following
departments transacting in FISCAL will guidelines:
follow the FISCAL procurement and
contracting procedures. • All CMAS must be for the same CMAS
contractor.
2. Local Governmental Departments: • The purchase order must go to one
contractor location.
Local governmental agencies may use • Write the word "CMAS" in the space
their own purchase document for usually,reserved for the contract
purchase execution. number. On Standard 65's, this is at the
top of the form. The word "CMAS"
The agency is required to complete and signifies that the purchase order
distribute the purchase order. For services, contains items from multiple CMAS
the agency shall modify the information agreements. The purchasing agency
contained on the order to include the may only use one bill code.
service period (start and end date), and
the monthly cost (or other intermittent
cost), and any other information pertinent
to the services being provided. The cost
for each line item should be included in the
order, not just system totals.
Ordering Instructions and Special Provisions 7
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
• For each individual CMAS (as Amendments unique to non-IT services
differentiated by alpha suffix), the are covered in the SCM, Volume 2,
agency must identify and group together Chapter 6.B2.9 and SCM, Volume
the CMAS number with the line items FISCAL, Chapter 5.A4.1 as follows:
and subtotal per CMAS number (do not
include tax in the subtotal), and If the original contract permitted
sequentially identify each individual amendments, but did not specify the
CMAS as Sub #1, Sub #2, Sub #3, etc. changes (e.g., quantity or time), it may
This facilitates accurate billing of be amended, per Public Contract Code
administrative fees by the Procurement (PCC) §.10335 (d)(1). This only applies
Division. to the first amendment. The time shall
• The total of all items on the purchase not exceed one year, or add not more
order must not exceed the purchase than 30% of the original order value and
order limit identified in the CMAS. may not exceed $250,000. If the original
• Do not combine items from both non-IT contract did not have language
and Information Technology CMAS(s). permitting amendments, the NCB
A non-IT CMAS begin with the number process must be followed.
"4" and an Information Technology
CMAS begins with the number"3." The Also, see the SCM, Volumes 2 & 3,
purchase order limits are different for Chapter 8, Topic 6, for more information
these two types of CMAS agreements. on amending purchase orders.
4. Amendments to Agency's Purchase CMAS CONTRACTOR OWNERSHIP
Orders INFORMATION
Agency purchase orders cannot be KYA Services, LLC is a large business
amended if the CMAS has expired. enterprise.
The SCM, Volumes 2 & 3, Chapter 6.A5.0 SMALL BUSINESS MUST BE
and SCM, Volume FISCAL, Chapter CONSIDERED
5.A4.0 provides the following direction
regarding amendments to all types of Prior to placing orders under the CMAS
CMAS purchase orders: program, State agencies shall whenever
practicable first consider offers from small
Original orders, which include options for businesses that have established CMAS
changes (e.g., quantity or time), that [Government Code (GC) § 14846(b)]. NOTE:
were evaluated and considered in the The Department of General Services auditors
selection for award during the RFO will request substantiation of compliance with
process, may be amended consistent this requirement when agency files are
with the terms of the original order, reviewed.
provided that the original order allowed
for amendments. If the original order did
not evaluate options, then amendments
are not allowed unless an NCB is
approved for those amendments.
•
Ordering Instructions and Special Provisions 8
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
CMAS Small Business and Disabled Veteran 2. The CMAS contractor will provide an
Partners lists ordering agency with the following
(www.dgs.ca.gov/PD/About/Page- information at the time the order is
Content/PD-Branch-Intro-Accordion- quoted:
List/Acquisitions/California-Multiple-Award-
Schedules) can be found on the CMAS a. The CMAS contractor will state that,
website by selecting "Find a CMAS as the prime contractor, it shall be
Contractor'. responsible for the overall execution of
the fulfillment of the order.
In response to our commitment to increase
participation by small businesses, the b. The CMAS contractor will indicate to
Department of General Services waives the the ordering agency how the order
administrative fee (a fee currently charged to meets the small business or DVBE
customer agencies to support the CMAS goal, as follows:
program) for orders to certified small business
enterprises. i. List the name of each company
that is certified by the Office of
See the current fees in the DGS Price Book Small Business and DVBE
at: www.dgs.ca.gov/OFS/Price-Book. Services that it intends to
subcontract a commercially useful
SMALL BUSINESS/DVBE -TRACKING function to; and
State agencies are able to claim ii. Include the small business or
DVBE certification number of each
subcontracting dollars towards their small
company listed, and attach a copy
business or DVBE goals whenever the CMAS
of each certification; and
contractor subcontracts a commercially useful
function to a certified small business or DVBE. iii. Indicate the dollar amount of each
The CMAS contractor will provide the ordering subcontract with a small business
agency with the name of the small business or or DVBE that may be claimed by
DVBE used and the dollar amount the the ordering agency towards the
ordering agency can apply towards its small small business or DVBE goal; and
business or DVBE goal.
iv. Indicate what commercially useful
SMALL BUSINESS/DVBE - function the small business or
SUBCONTRACTING DVBE subcontractor will be
providing towards fulfillment of the
1. The amount an ordering agency can order.
claim towards achieving its small
business or DVBE goals is the dollar 3. The ordering agency's purchase order
amount of the subcontract award made must be addressed to the prime
by the CMAS contractor to each small Contractor, and the purchase order must
business or DVBE. reference the information provided by the
prime Contractor as outlined above.
Ordering Instructions and Special Provisions 9
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
NEW EQUIPMENT REQUIRED Agencies are required to adhere to State
Administrative Manual (SAM) § 3520 through
The State will procure new equipment. All 3520.6, Disposal of Personal Property and
equipment must be new (or warranted as Surplus Personal Property, as applicable,
newly manufactured) and the latest model in when trade-ins are considered. A Property
current production. Used, shopworn, Survey Report, Standard 152, must be
demonstrator, prototype, or discontinued submitted for approval prior to disposition of
models are not acceptable. any State-owned personal property, including
general office furniture regardless of the
Where Federal Energy Management Program acquisition value, or if the property was
(FEMP) standards are available, all State recorded or capitalized for accounting
agencies shall purchase only those products purposes.
that meet the recommended standards. All
products displaying the Energy Star label STATE AGENCY BUY RECYCLED
meet the FEMP standards. CAMPAIGN (SABRC)
SPECIAL MANUFACTURED GOODS State ordering agencies are required to report
purchases made within the eleven product
Any CMAS for goods to be manufactured by categories in the California Department of
the CMAS contractor specifically for the State Resources Recycling and Recovery's State
and not suitable for sale to others may require Agency Buy Recycled Campaign (SABRC) per
progress payments. Public Contract Code sections 12200-12217.
For Non-IT goods CMAS, see the CMAS Non- Contractor will be required to complete and
IT Commodities Terms and Conditions, return a Recycled-Content Certification form
Provision 69, Progress Payments. (www.calrecycle.ca.gov/contracts/forms) upon
request by the state ordering agency.
PRODUCT INSTALLATION
PUBLIC WORKS (INSTALLATION
The CMAS contractor is fully responsible for all SERVICES ONLY)
installation services performed under the
CMAS. Product installations must be A public works contract is defined as an
performed by manufacturer authorized agreement for"the erection, construction,
personnel and meet manufacturer documented alteration, repair, or improvement of any
specifications. public structure, building, road, or other public
improvement of any kind" in accordance with
The prime contractor, as well as any the Public Contract Code (PCC) § 1101. State
subcontractors, must hold any certifications agencies planning these types of projects
and/or licenses required for the project. need to review the SCM, Volume 1, Chapters
10 and 11 for applicable guidelines and
TRADE-IN EQUIPMENT regulations. Also, the Department of General
Services (DGS), Real Estate Services
Trade-ins at open market price may be Division (RESD) can be contacted at (916)
considered. The product description and 376-1748, if you have questions about these
trade-in allowance must be identified on the types of transactions.
purchase order.
Ordering Instructions and Special Provisions 10
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
Agency CMAS purchase orders may allow for State Contractor's License: Public works
public works installation only when it is services can be obtained through CMAS only
incidental to the total purchase order amount. if incidental to the overall purchase order. If
incidental public works services are included
Agencies are to ensure that the applicable in the purchase order, prior to issuing the
laws and codes pertaining to the contractor order agencies should contact the State
and sub-contractor licensing, prevailing wage Contractor's License Board (www.cslb.ca.gov)
rates, bonding, labor code requirements, etc., at 1-800-321-2752 or at www.cslb.ca.gov to
are adhered to by the prime contractor as well verify that the Contractor's License shown
as any sub-contractor during performance below is still active and in good standing.
under the CMAS purchase order.
KYA Services, LLC's California Contractor's
The bond amount for public works is not less License number is 984827. This is a Class
than one hundred percent (100%) of the C15, D61 license that is valid through
purchase order price. 6/30/2021.
NOTE: In accordance with Labor Code (LC) § BUY CLEAN CALIFORNIA ACT
1773.2, the ordering agency is responsible for
determining the appropriate craft, Per Management Memo 20-01, beginning
classification or type of worker needed for any January 1, 2020, awarding authorities will
contract for public works. Also, the agency is request successful bidders for public works
to specify the applicable prevailing wage rates contracts to submit current facility-specific
as determined by the Director of the Environmental Product Declarations (EPDs)
Department of Industrial Relations (DIR). In for all eligible materials.
lieu of specifying the prevailing wage rates,
the agency may include a statement on the Awarding authorities are those identified in
order that the prevailing wage rates are on file PCC § 3501 (a) and state agencies granted
at the agency's office, and will be made authority to work on public works projects
available upon request. The prevailing wage under MM 18-01. Eligible materials subject to
rates are available from the DIR at the EPD requirement are structural steel,
www.dir.ca.gov (select Statistics & Research) carbon steel rebar, flat glass, and mineral
or (415) 703-4774. wool board insulation.
Bonds: For guidelines, see CMAS, General Project bid specifications must require that
Terms and Conditions, Public Works facility-specific EPDs are compliant to ISO
Requirements. 14025 and applicable product category rules
located on the Department of General
Services (DGS) Buy Clean California Act
website.
Ordering Instructions and Special Provisions 11
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
Awarding authorities must report the following 4. NSP Installation Services: The CMAS
information to DGS upon request: contractor is fully responsible for all
installation services performed under the
• Awarded contract information CMAS. Product installations must be
• Eligible materials used in project(s) performed by manufacturer authorized
• EPDs submitted by successful bidder(s) personnel and meet manufacturer
documented specifications. The prime
The Department of General Services Buv contractor, as well as any subcontractors,
Clean California Act website is located at must hold any certifications and/or
www.dgs.ca.gov/PD/Resources/Page- licenses required for the project. The total
Content/Procurement-Division-Resources- dollar value of all installation services
List-Folder/Buy-Clean-California-Act. included in the purchase order cannot
exceed the dollar value of the products
NOT SPECIFICALLY PRICED (NSP) ITEMS included in the purchase order, nor can
they exceed the NSP Maximum Order
The only time that open market/incidental, non- Limitation.
schedule items may be included in a CMAS
order is when they fall under the parameters of 5. Maximum Order Limitation: For orders
the Not Specifically Priced (NSP) Items $250,000, or less, the total dollar value of
provision. all NSP items included in a purchase order
shall not exceed $5,000. For orders
CMAS contractors must be authorized exceeding $250,000, and at the option of
providers of the hardware, software and/or the contractor, the total dollar value of all
services they offer under the Not Specifically NSP items in a purchase order shall not
Priced (NSP) Items provision. exceed 5% of the total cost of the order, or
$25,000 whichever is lower.
Agency and CMAS contractor use of the NSP
provision is subject to the following 6. An NSP item included in an order issued
requirements: against a CMAS is subject to all of the
terms and conditions set forth in the
1. Purchase orders containing only NSP contract.
items are prohibited. 7. Trade-ins, upgrades, involving the
2. A purchase order containing NSP items swapping of boards, are permissible,
may be issued only if it results in the where the contract makes specific
lowest overall alternative to the State. provisions for this action. In those
instances where it is permitted, the
3. NSP items shall be clearly identified in the purchase order must include the
order. Any product or service already replacement item and a notation that the
specifically priced and included in the base purchase involves the swapping of a
contract may not be identified as an NSP board.
item.
Ordering Instructions and Special Provisions 12
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
The following NSP items ARE The CMAS contractor is required to reject
SPECIFICALLY EXCLUDED from any order purchase orders containing NSP items that do
issued under this CMAS: not conform to the above requirements. The
CMAS contractor will promptly notify the
1. Items not intended for use in directly agency issuing the non-conforming order of its
supporting the priced items included in the non-acceptance and the reasons for its non-
same order. An NSP item must be acceptance.
subordinate to the specifically priced item
that it is supporting. For example, a cable, STATE AND LOCAL GOVERNMENTS CAN
which is not otherwise specifically priced in USE CMAS
the base contract, is subordinate to a
specifically priced printer or facsimile State and local government agency use of
machine, and is eligible to be an NSP item CMAS is optional. A local government is any
subject to that cable meeting the city, county, city and county, district, or other
remaining NSP requirements. However, a local governmental body or corporation,
printer or facsimile machine, which is not including UC, CSU, K-12 schools and
otherwise specifically priced in the base community colleges empowered to expend
contract, is not subordinate to a public funds. While the State makes this
specifically priced cable, and is not eligible CMAS available, each local government
to be an NSP item. agency should make its own determination
whether the CMAS program is consistent with
2. Supply type items, except for the minimum their procurement policies and regulations.
amount necessary to provide initial support
to the priced items included in the same UPDATES AND/OR CHANGES
order.
A CMAS amendment is not required for
3. Items that do not meet the Productive Use updates and/or changes once the update
Requirements for information technology and/or change becomes effective for the
products, per the SCM, Volume 3, Chapter federal GSA schedule, except as follows:
2, Section 2.B6.2 and SCM, Volume
FISCAL, Chapter 2, Section 2.E3.2. • A CMAS amendment is required when the
CMAS is based on specific products
4. Any other item or class of items
and/or services from another contractor's
specifically excluded from the scope of this multiple award contract and the contractor
CMAS. wants to add a new manufacturer's
5. Public Works components NOT incidental products and/or services.
to the total purchase order amount. • A CMAS amendment is required for new
federal contract terms and conditions that
6. Products or services the CMAS contractor constitute a material difference from
is NOT factory authorized or otherwise existing contract terms and conditions. A
certified or trained to provide. material change has a potentially
significant effect on the delivery, quantity
7. Follow-on consultant services that were or quality of items provided, the amount
previously recommended or suggested by paid to the contractor or on the cost to the
the same CMAS contractor. State.
Ordering Instructions and Special Provisions 13
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
A CMAS amendment is required to update APPLICABLE CODES, POLICIES AND
and/or change terms and conditions and/or GUIDELINES
products and services based on a non-federal
GSA multiple award contract. All California codes, policies, and guidelines
are applicable. THE USE OF CMAS DOES
SELF-DELETING FEDERAL GSA TERMS NOT REDUCE OR RELIEVE STATE
AND CONDITIONS AGENCIES OF THEIR RESPONSIBILITY TO
MEET STATEWIDE REQUIREMENTS
Instructions, or terms and conditions that REGARDING CONTRACTING OR THE
appear in the Special Items or other PROCUREMENT OF GOODS OR
provisions of the federal GSA and apply to the SERVICES. Most procurement and contract
purchase, license, or rental (as applicable) of codes, policies, and guidelines are
products or services by the US Government in incorporated into CMAS agreements.
the United States, and/or to any overseas Nonetheless, there is no guarantee that every
location shall be self-deleting. (Example: possible requirement that pertains to all the
"Examinations of Records" provision). different and unique State processes has
been included.
Federal regulations and standards, such as
Federal Acquisition Regulation (FAR), Federal PAYMENTS AND INVOICES
Information Resources Management
Regulation (FIRMR), Federal Information This CMAS contains quantity and prompt
Processing Standards (FIPS), General payment discounts. See the base GSA
Services Administration Regulation (GSAR), schedule for the specific percent of discount.
or Federal Installment Payment Agreement
(FIPA) shall be self-deleting. Federal blanket 1. Payment Terms
orders and small order procedures are not
applicable. Payment terms for this CMAS are net 45
days.
ORDER OF PRECEDENCE
Payment will be made in accordance with
The CMAS Terms and Conditions takes the provisions of the California Prompt
precedence if there is a conflict between the Payment Act, Government Code (GC) §
terms and conditions of the contractor's 927 et. seq. Unless expressly exempted
federal GSA, (or other multiple award by statute, the Act requires State agencies
contract), packaging, invoices, catalogs, to pay properly submitted, undisputed
brochures, technical data sheets or other invoices not more than 45 days after (1)
documents (see CMAS Terms and the date of acceptance of goods or
Conditions, CONFLICT OF TERMS). performance of services; or (2) receipt of
an undisputed invoice, whichever is later.
Ordering Instructions and Special Provisions 14
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
2. Payee Data Record (Standard 204) The check covering this fee shall be made
payable to the Department of General
State Agencies not transacting in FISCAL, Services, CMAS Unit, and mailed to the
must obtain a copy of the Payee Data CMAS Unit along with the applicable
Record (Standard 204) in order to process Quarterly Report. See the provision in this
payments. State Ordering Agencies CMAS entitled "Contractor Quarterly
forward a copy of the Standard 204 to their Report Process" for information on when
accounting office(s). Without the Standard and where to send these checks and
204, payment may be unnecessarily reports.
delayed. State Agencies should contact
the CMAS contractor for copies of the 4. Contractor Invoices
Payee Data Record.
Unless otherwise stipulated, the CMAS
3. DGS Administrative and Incentive Fees contractor must send their invoices to the
agency address set forth in the purchase
Orders from State Agencies: order. Invoices shall be submitted in
The Department of General Services triplicate and shall include the following:
(DGS) will bill each State agency directly
an administrative fee for use of CMAS. • CMAS number
The administrative fee should NOT be • Agency purchase order number
included in the order total, nor remitted • Agency Bill Code (State Only)
before an invoice is received from DGS. • Line item number
This administrative fee is waived for CMAS • Unit price
purchase orders issued to California • Extended line item price
certified small businesses.
• Invoice total
See the current administrative fees in the
DGS Price Book State sales tax and/or use tax shall be
(www.dgs.ca.gov/OFS/Price-Book). itemized separately and added to each
invoice as applicable.
Orders from Local Government
Agencies: The company name on the CMAS,
purchase order and invoice must match or
CMAS contractors, who are not California the State Controller's Office will not
certified small businesses, are required to approve payment.
remit to the DGS an incentive fee equal to
1.25% of the total of all local government 5. Advance Payments
agency orders (excluding sales tax and
freight) placed against their CMAS. The Advance payment is allowed for services
incentive fee is in lieu of local government only under limited, narrowly defined
agencies being billed the above circumstances, e.g., between specific
referenced DGS administrative fee. departments and certain types of non-
• profit organizations, or when paying
This incentive fee is waived for CMAS another government agency (Government
purchase orders issued to California Code (GC) § 11256— 11263 and 11019).
certified small businesses.
Ordering Instructions and Special Provisions 15
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
It is NOT acceptable to pay in advance, 8. Leasing
except software maintenance and license
fees, which are considered a subscription The State reserves the right to select the
and may be paid in advance if a provision form of payment for all procurements, be it
addressing payment in advance is either an outright purchase with payment
included in the purchase order. rendered directly by the State, or a
financing/lease-purchase or operating
Software warranty upgrades and lease via the State Financial Marketplace
extensions may also be paid for in (GS SMart and/or Lease SMart. If
advance, one time. payment is via the financial marketplace,
the Supplier will invoice the State and the
6. Credit Card State will approve the invoice and the
selected Lender/Lessor for all product
KYA Services, LLC does not accept the listed on the State's procurement
State of California credit card (CAL-Card). document will pay the supplier on behalf of
the State.
7. Lease/Purchase Analysis
Buyers may contact the GS SMartTM
State agencies must complete a Administrator, Patrick Mullen by phone at
Lease/Purchase Analysis (LPA) to (916) 375-4617 or via e-mail at
determine best value when contemplating patrick.mullen@dgs.ca.gov for further
a lease/rental, and retain a copy for future information.
audit purposes (State Administrative
Manual (SAM) § 3710). 9. Maintenance Tax
For short-term rental equipment, the The California Department of Tax and Fee
lease/purchase analysis must be approved Administration has ruled that in
by the Department of General Services, accordance with Section 1546 of the Sales
Office of legal Services. and Use Tax Regulations of the Business
Taxes Law Guide, whenever optional
The lease/purchase analysis for all other maintenance contracts include
purchases must be approved by the consumable supplies, such supplies are
Department of General Services, GS subject to sales tax.
SMart State Financial Marketplace. Buyers
may contact the GS SMartTM Generally, the State has two options:
Administrator, Patrick Mullen by phone at
(916) 375-4617 or via e-mail at 1. For agreements that provide for only
patrick.mullen@dgs.ca.gov for further maintenance services (i.e., the
information. furnishing of labor and parts
necessary to maintain equipment), the
charges for the provision of
maintenance services are not taxable.
Ordering Instructions and Special Provisions 16
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
2. For agreements that provide for both For the full instructions on completing and
maintenance services and submitting CMAS Quarterly Business Activity
consumable supply items (i.e., toner, Reports, and a soft copy of a blank quarterly
developer, and staples, for example), report form, go to the CMAS website
the provision of the consumable (www.dgs.ca.gov/PD/About/Page-
supplies is considered a taxable sale Content/PD-Branch-Intro-Accordion-
of tangible personal property. List/Acquisitions/California-Multiple-Award-
Therefore, State agencies awarding Schedules) and then select"File a CMAS
optional maintenance contracts are Quarterly Report".
responsible for paying the applicable
sales tax on the consumable supplies Important things to remember regarding
used during the performance period of CMAS Quarterly Business Activity Reports
the maintenance contract. (referred to as "reports" below):
The Contractor will be required to • A report is required for each CMAS, each
itemize the consumables being taxed quarter, even when no new purchase
for State accounting purposes. orders are received in the quarter.
• A separate report is required for each
CONTRACTOR QUARTERLY REPORT CMAS.
PROCESS • Each purchase order must be reported
only once in the quarter identified by
CMAS contractors are required to submit a the purchase order date, regardless of
detailed CMAS Business Activity Report on a when the services were performed, the
quarterly basis to the CMAS Unit. See products were delivered, the invoice
Attachment B for a copy of this form and was sent, or the payment was
instructions. received.
• Purchase orders from State and local
This report shall be mailed to: government agencies must be separated
on the report, as shown in the
Department of General Services instructions.
Procurement Division — CMAS Unit • CMAS contractors must report the sales
Attention: Quarterly Report Processing activity for all resellers listed on their
PO Box 989052, MS #2-202 CMAS.
West Sacramento, CA 95798-9052 • Any report that does not follow the
required format or excludes required
Reports that include checks for incentive fees information will be deemed incomplete
must be mailed and shall not be e-mailed. All and returned to the CMAS contractor for
other reports may be e-mailed to the attention corrections.
of Quarterly Report Processing as follows: • Taxes and freight must not be included in
the report.
CMAS Unit E-Mail: cmas@dgs.ca.gov • CMAS contractors must attach to their
quarterly report a check covering the
required incentive fee for all CMAS sales
to local government agencies (see more
information below).
Ordering Instructions and Special Provisions 17
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
• New CMAS agreements, renewals, The check covering this fee shall be made
extensions, and amendments will be payable to the Department of General
approved only if the CMAS contractor has Services, CMAS Unit, and mailed to the
submitted all required quarterly reports CMAS Unit along with the applicable
and incentive fees. Quarterly Report. See the provision in this
CMAS entitled "Contractor Quarterly Report
CMAS Quarterly Business Activity Reports Process" for information on when and where
are due in the CMAS Unit within two weeks to send these checks and reports.
after the end of each quarter as shown below:
OBTAINING COPY OF ORIGINAL CMAS
Quarter 1 Jan 1 to Mar 31 Due Apr 15 AND AMENDMENTS
Quarter 2 Apr 1 to Jun 30 Due Jul 15
Quarter 3 Jul 1 to Sep 30 Due Oct 15 A copy of a CMAS and amendments, if any,
Quarter 4 Oct 1 to Dec 31 Due Jan 15 can be obtained at Cal eProcure
(caleprocure.ca.gov). A complete CMAS
CONTRACTOR QUARTERLY INCENTIVE consists of the following:
FEES
• CMAS cover pages (which includes the
CMAS contractors who are not California signature page, ordering instructions and
certified small businesses must remit to DGS special provisions, and any attachments
an incentive fee equal to 1.25% of the total of or exhibits as prepared by the CMAS
all local government agency orders (excluding Unit)
sales tax and freight) placed against their • CMAS Terms and Conditions.
CMAS agreement(s). This incentive fee is in • Federal GSA (or Non-GSA) terms and
lieu of local government agencies being billed conditions
the above referenced DGS administrative fee. • Product/service listing and prices
• Amendments, if applicable.
CMAS contractors cannot charge local
government agencies an additional 1.25% It is important for the agency to confirm that
charge on a separate line item to cover the the required products, services, and prices
incentive fee. The CMAS contractor must are included in the CMAS and are at or below
include the 1.25% incentive fee in the price of base contract rates. To streamline
the products or services offered, and the line substantiation that the needed items are in the
item prices must not exceed the applicable base contract, the agencies should ask the
base contract prices. CMAS contractor to identify the specific pages
from the base contract that include the
A local government agency is any city, county, required products, services, and prices.
district, or other local governmental body, Agencies should save these pages for their
including the California State University (CSU) file documentation.
and University of California (UC) systems, K-
12 public schools and community colleges
empowered to expend public funds.
This incentive fee is waived for CMAS
purchase orders issued to California certified
small businesses.
Ordering Instructions and Special Provisions 18
•
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
CONTRACTORS ACTING AS FISCAL CONFLICT OF INTEREST
AGENTS ARE PROHIBITED
Agencies must evaluate the proposed
When a subcontractor ultimately provides all purchase order to determine if there are any
of the products or performs all of the services potential conflict of interest issues. See the
that a CMAS contractor has agreed to CMAS Terms and Conditions, Conflict of
provide, and the prime contractor only Interest, for more information.
handles the invoicing of expenditures, then
the prime contractor's role becomes that of a FEDERAL DEBARMENT
fiscal agent because it is merely
administrative in nature, and does not provide When federal funds are being expended, the
a Commercially Useful Function (CUF). It is agency is required to obtain (retain in file) a
unacceptable to use fiscal agents in this signed "Federal Debarment" certification from
manner because the agency is paying the CMAS contractor before the purchase
unnecessary administrative costs. order is issued.
AGENCY RESPONSIBILITY This certification is required by the regulations
implementing Executive Order 12549,
Each agency is responsible for its own Debarment and Suspension, 29 CFR Part 98,
contracting program and purchasing Section 98.510, Participants; responsibilities.
decisions, including use of the CMAS program The regulations were published as Part VII of
and associated outcomes. the May 26, 1988 Federal Register (pages
19160-19211).
This responsibility includes, but is not
necessarily limited to, ensuring the necessity CONTRACTOR TRAVEL
of the services, securing appropriate funding,
complying with laws and policies, preparing The Travel provision is not applicable to this
the purchase order in a manner that CMAS.
safeguards the State's interests, obtaining
required approvals, and documenting LIQUIDATED DAMAGES FOR LATE
compliance with Government Code (GC) § DELIVERY
19130.b (3) for outsourcing services.
The value of the liquidated damages cannot
It is the responsibility of each agency to be a penalty, must be mutually agreed upon
consult as applicable with their legal staff and by agency and contractor and included in the
contracting offices for advice depending upon purchase order to be applicable.
the scope or complexity of the purchase
order.
If you do not have legal services available to
you within your agency, the DGS Office of
Legal Services is available to provide services
on a contractual basis.
Ordering Instructions and Special Provisions 19
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance
testing for all newly installed technology
systems, and individual equipment, and
machines which are added or field modified
(modification of a machine from one model to
another) after a successful performance
period, the test criteria must be included in the
purchase order to be applicable.
AMERICANS WITH DISABILITY ACT (ADA)
Section 504 of the Rehabilitation Act of 1973
as amended; Title VI and VII of the Civil
Rights Act of 1964 as amended; Americans
with Disabilities Act, 42 USC 12101; California
Code of Regulations, Title 2, Title 22;
California Government Code, Sections 11135,
et seq.; and other federal and State laws, and
Executive Orders prohibit discrimination. All
programs, activities, employment
opportunities, and services must be made
available to all persons, including persons
with disabilities. See Attachment A for
Procurement Division's ADA Compliance
Policy of Nondiscrimination on the Basis of
Disability.
Individual government agencies are
responsible for self-compliance with ADA
regulations.
Contractor sponsored events must provide
reasonable accommodations for persons with
disabilities.
DGS PROCUREMENT DIVISION CONTACT
AND PHONE NUMBER
Department of General Services
Procurement Division, CMAS Unit
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605-2811
Phone # (916) 375-4365
Ordering Instructions and Special Provisions 20
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
KYA SERVICES, LLC
CMAS NO. 4-20-78-0089C
ATTACHMENT A
ADA NOTICE
Procurement Division (State Department of General Services)
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
To meet and carry out compliance with the nondiscrimination requirements of the
Americans with Disabilities Act (ADA), it is the policy of the Procurement Division
(within the State Department of General Services) to make every effort to ensure
that its programs, activities, and services are available to all persons, including
persons with disabilities.
For persons with a disability needing a reasonable accommodation to participate
in the Procurement process, or for persons having questions regarding reasonable
accommodations for the Procurement process, please contact the Procurement
Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD
(telephone device for the deaf) or California Relay Service numbers which are
listed below. You may also contact directly the Procurement Division contact
person who is handling this procurement.
IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST
THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS
BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE,
WORKSHOP, etc.) OR DEADLINE DUE-DATE FOR PROCUREMENT
DOCUMENTS.
The Procurement Division TTY telephone numbers are:
Sacramento Office: 916-376-5127 (CALNET 480-5127)
The California Relay Service Telephone Numbers are:
Voice: 1-800-735-2922, or 7-1-1
Speech to Speech Service: 1-800-854-7784
Ordering Instructions and Special Provisions 21
CMAS QUARTERLY BUSINESS ACTIVITY REPORT
Company Name: Reporting Calendar Year: Revision 0
CMAS Number: Reporting Quarter: 0 Q1 (January to March)
For Questions Regarding this Report Contact: 0 Q2 (April to June)
Name: 0 Q3 (July to September)
Phone Number: 0 Q4 (October to December)
E-mail: Check Here if No New Orders for This Quarter ❑
STATE GOVERNMENT AGENCY PURCHASES I
Purchase
State Agency Name Purchase Order Order Total Dollars Per Agency Agency Address Phone
Number Date Purchase Order Contact Number
Total State Agency Dollars Reported for Quarter: $
LOCAL GOVERNMENT AGENCY PURCHASES ,
Purchase
Local Government Agency Purchase Order Order Total Dollars Per Agency Agency Address Phone
Name Number Date Purchase Order Contact Number
Total Local Government Agency Dollars for Quarter: $
1.25% Remitted to DGS (does not apply to CA certified Small Businesses): $
Total of State and Local Government Agency Dollars Reported for this Quarter: $
Updated 7/2019
ATTACHMENT B
CMAS Quarterly Business Activity Report
Instructions for completing the CMAS Quarterly Business Activity Report
1. Complete the top of the form with the appropriate information for your company.
2. Agency Name - Identify the State agency or Local Government agency that issued the order.
3. Purchase Order Number - Identify the purchase order number (and amendment number if
applicable) on the order form. This is not your invoice number. This is the number the State
agency or Local Government agency assigns to the order.
4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the
order. This is not the date you received, accepted, or invoiced the order.
5. Total Dollars Per Purchase Order- Identify the total dollars of the order excluding tax and
freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on
the purchase order. The total dollars per order should indicate the entire purchase order
amount (less tax and freight) regardless of when you invoice order, perform services, deliver
product, or receive payment.
6. Agency Contact - Identify the ordering agency's contact person on the purchase order.
7. Agency Address - Identify the ordering agency's address on the purchase order.
8. Phone Number- Identify the phone number for the ordering agency's contact person.
9. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or
Local Government agency dollars (pre-tax) for all orders placed in quarter.
10.1.25% Remitted to DGS - Identify 1.25% of the total Local Government agency dollars
reported for the quarter. This is the amount to be remitted to DGS by contractors who are not
California certified small businesses.
11.Grand Total - Identify the total of all State and Local Government agency dollars reported for
the quarter.
Notes:
• A report is required for each CMAS, each quarter, even if there are no new orders for the quarter.
• Quarterly reports are due two weeks after the end of the quarter.
Ordering Instructions and Special Provisions 23
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
A contract for the purchase and installation of If the contract amount exceeds $5,000
carpet and other floor coverings is a public (labor/installation costs), the supplier must
works contract as defined in Section 1101 of furnish a payment bond (Std. 807 - see
the Public Contract Code and, as such, attached Sample B) prior to the
requires certain special conditions. commencement of performance. The payment
bond shall be in a sum not less than one
A state agency may not contract for the hundred percent (100%) of the contract price.
installation of carpet in a building (a capital A blank copy of the Std. 807 form shall be
improvement to the building) that is not owned provided to the supplier. In addition, the
by the state. Carpet in leased facilities must be awarding agency must notify the contractor
provided by the lessor and is accounted for in that the contract is subject to state contractor
the lease agreement and rate. Users should nondiscrimination and compliance
contact the building manager and or the requirements (see paragraph 42 of the CMAS
building owner when carpet is required. Terms and Conditions).
A supplier or installer of carpet must be The prevailing wage requirements apply and a
licensed by the State Contractors' Licensing list of prevailing wage rates must be available
Board with a C-15 Flooring and Floor Covering for inspection. It is the ordering agency's
license which is current and in good standing. responsibility to provide a copy of the
The supplier must provide the license number prevailing wage rates to the contractor. The
and expiration date for themselves and for all prevailing wage rates are available from the
subcontractors providing installation services. Department of Industrial Relations, Prevailing
This information shall be provided by the Wage Unit at www.dir.ca.gov (select Statistics
supplier on the "Contractors' License & Research) or at (415) 703-4774.
Requirements" form (see attached Sample A),
which must be attached to each resulting Agencies should be aware that there are
carpet order. A subcontractor is defined as certain requirements that pertain to floor
anyone who will perform work, labor, or render coverings included in the Americans with
services in an amount in excess of one-half of Disabilities Act of 1992 (ADA). Some of these
one percent of the total order. Each requirements pertain to carpet pile height (not
subcontractor's business address and the to exceed 1/2" in height), fastening exposed
portion of work that each will perform shall also carpet edges to floor, and changes in floor
be included on this form. level not to exceed 1/2" beveled. It is the
responsibility of the agency to comply with
these requirements. Detailed information
relative to carpet installation and ADA
requirements can be obtained from the State
Architect, Access Compliance Unit, at (916)
445-7523.
Ordering Instructions and Special Provisions 24
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
Agencies should be aware that old flooring The prime responsibility for contract
material (tiles, glues, cove base, etc.) may performance rests with the contract holder,
contain asbestos and could present significant who shall be the primary contact point for
problems in the removal of old flooring material problem resolution. This contract is structured
and in the installation of new carpet. Users such that the user may purchase carpet only or
should determine the presence or absence of carpet installed from the supplier. In no case is
asbestos containing material in their existing the supplier allowed to deny installation of the
flooring materials and act accordingly before carpet selected by any user for any location.
placing orders for carpet. Installation services may not exceed an
amount equal to the cost of the carpet and,
It is strongly recommended that new carpet not when identified, will be paid for in the cost of
be installed over existing carpet due to the CMAS order. Typically, the price schedule
potential conflicts with the Americans with will contain pricing for"clean floor" (new)
Disabilities Act, and various fire, health and installation only. However, agencies may use
safety codes. the Not Specifically Priced (NSP) provision for
"unclean floor" installation services, as well as
The moisture content of the slab over which products. The total dollar value of all
the carpet is to be installed must be within the installation services, on clean and/or unclean
limits allowed by the carpet manufacturer surfaces, using line item and/or NSP pricing,
and/or glue manufacturer. The testing of slab must not exceed 50% of the order's total value.
moisture content can be performed by either Note that the maximum amount of each
the agency ordering the carpet or by the carpet transaction placed under this award schedule
supplier. by a State agency is $100,000.
The agency should provide for a site inspection The cost of installation and any ancillary
prior to issuing an order for the carpet desired supplies/services is not included in the base
and should use a checklist similar to the one price of the carpet and may be obtained from
attached (see attached Sample C). Additions, the price schedule if listed, or can otherwise be
changes, modifications to the checklist should included via the NSP provision.
be made as necessary. The agency should
inspect and monitor the progress of the It is incumbent upon the user to identify
installation to prevent problems. whether the costs for installation and other
requirements are fair and equitable. The
following chart is provided to give an
approximation of the costs for installation in
several typical state locations.
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
ESTIMATED CARPET INSTALLATION COSTS
(NOTE: THESE ARE APPROXIMATIONS ONLY, NOT ACTUAL CONTRACT INSTALLATION
PRICES. DOES NOT INCLUDE COST OF NEW CARPET.)
BASED ON WEEKDAY INSTALLATION, NORMAL WORKING HOURS, PREVAILING WAGE, NO
UNIQUE CONDITIONS
DESCRIPTION OF INSTALLATION ESTIMATED INSTALLATION COST
GENERAL OFFICE SPACE BROADLOOM $4.00 PER SY
NEW CONSTRUCTION
CLEAN FLOOR
INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $4.00 PER SY
DOWN OR FULL SPREAD RELEASE
ADHESIVE
NON-PATTERNED CARPET
GENERAL OFFICE SPACE BROADLOOM $5.00 PER SY
NO FURNITURE MOVING
REMOVE OLD DIRECT GLUE CARPET
INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $5.00 PER SY
DOWN OR FULL SPREAD RELEASE
ADHESIVE
NON-PATTERNED CARPET
GENERAL OFFICE SPACE BROADLOOM $10.00 PER SY
MOVING OF CONVENTIONAL FURNITURE
REMOVE OLD DIRECT GLUE CARPET
INSTALL NEW CARPET DIRECT GLUE MODULAR (TILE) $10.00 PER SY
DOWN OR FULL SPREAD RELEASE
ADHESIVE
NON-PATTERNED CARPET
GENERAL OFFICE SPACE BROADLOOM $5.00 PER SY
MOVING OF MODULAR (PANELS AND
COMPONENTS) FURNITURE PLUS $300.00-$400.00 PER WORKSTATION
REMOVE OLD DIRECT GLUE CARPET
INSTALL NEW BROADLOOM CARPET
DIRECT GLUE DOWN
NON-PATTERNED CARPET
GENERAL OFFICE SPACE MODULAR (TILE) $11.00 PER SY
LIFTING OF MODULAR (PANELS AND
COMPONENTS) FURNITURE
REMOVE OLD DIRECT GLUE CARPET
INSTALL NEW MODULAR CARPET FULL
SPREAD RELEASE ADHESIVE
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
CARPET TYPES FOR R GIVEN AREAS (GENERAL GUIDELINE ONLY)
AREA TO BE CARPETED CARPET TYPE
GENERAL OFFICE 26-28 OUNCE BROADLOOM, COMMERCIAL GRADE,
LOOP PILE, NYLON, DuPONT LUMINA OR LEGACY OR
(EXAMPLE: GENERAL STATE BASF 2000ZX YARN SYSTEM. INSTALLATION BY
OFFICES WITH NO OR LIGHT DIRECT GLUE DOWN.
TO MEDIUM PUBLIC
TRAFFIC) OR
26-28 OUNCE MODULAR (CARPET TILE), COMMERCIAL
GRADE, LOOP PILE, NYLON, DuPONT LUMINA OR
LEGACY OR BASF 2000ZX YARN SYSTEM.
INSTALLATION WITH FULL SPREAD OF RELEASE
ADHESIVE.
EXECUTIVE OFFICES 28-32 OUNCE BROADLOOM, COMMERCIAL GRADE,
TUFTED GRAPHICS DESIGN, LOOP PILE, NYLON,
(EXAMPLE: DIRECTOR'S DuPONT LUMINA OR LEGACY OR BASF 2000ZX YARN
OFFICE, DEPUTY SYSTEM. INSTALLATION BY DIRECT GLUE DOWN.
DIRECTORS, AGENCY
PERSONNEL OR
28-32 OUNCE MODULAR (CARPET TILE), COMMERCIAL
GRADE, TUFTED GRAPHICS DESIGN, LOOP PILE,
NYLON, DuPONT LUMINA OR LEGACY OR BASF 2000ZX
YARN SYSTEM. INSTALLATION WITH FULL SPREAD OF
RELEASE ADHESIVE.
STATE OWNED 34 OUNCE BROADLOOM, TUFTED, COMMERCIAL
RESIDENCES GRADE, CUT AND LOOP PILE. YARN TO BE BRANDED
NYLON, ANY CONVENTIONAL DYE METHOD.
INSTALLATION STRETCH IN OVER 3/8 INCH, 100%
SYNTHETIC CARPET CUSHION, 28 OUNCE PER
SQUARE YARD NOMINAL, 6.2 POUND PER CUBIC
FOOT, MEETING ASTM E648 CLASS 1 RADIANT PANEL
TEST.
TEMPORARY BUILDINGS 20 OUNCE BROADLOOM, TUFTED, COMMERCIAL
INCLUDING MOBILE AND GRADE, LOOP PILE, BRANDED, SOLUTION DYED
MODULAR FACILITIES NYLON. INSTALLATION BY DIRECT GLUE DOWN.
VERY HIGH TRAFFIC AREAS 20 OUNCE BROADLOOM, TUFTED, STRUCTURED
(EXAMPLE: MEDIUM TO BACK, COMMERCIAL GRADE, NYLON, DuPONT LUMINA
HEAVY USE PUBLIC AREAS, OR LEGACY OR BASF 2000ZX YARN SYSTEM. MAY
AIRPORTS, INCLUDE HIGH DENSITY URETHANE OR VINYL
COLLEGE/UNIVERSITY CHLORIDE PAD BACKING. SEAMS SHOULD BE
FOOD SERVICE AREAS, CAPABLE OF SEALING (WELD TOGETHER).
DORMITORIES INSTALLATION BY DIRECT GLUE DOWN
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
SAMPLE A
CONTRACTORS' LICENSE REQUIREMENTS
The work described in this order requires a valid California Contractor's License (C-15 Flooring and
Floor Covering). If subcontractors are to be used, they must also possess valid State Contractors'
Licenses appropriate to their scope of work, and they must be listed below.
Supplier's Contractor's License Number:
License Issued to Whom:
Class /Type of License:
Expiration Date of License:
Work to be Performed:
Subcontractor's Name and Address:
License Number:
Class /Type of License:
Expiration Date of License:
Work to be Performed:
WORKMEN'S COMPENSATION CERTIFICATION
The undersigned hereby certifies the following:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for workmen's compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this order.
Signature of Supplier Date
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
SAMPLE B
PAYMENT BOND TO ACCOMPANY CONSTRUCTION CONTRACT
(Public Contract Code Sections 7103 and 10221)
BOND Number:
The premium on this bond is for the term
Know All Men By These Presents:
That The State of California, acting by and through the
has awarded to whose
address is as Principle, a contract for
the work described as follows:
Project Title:
Project Location:
WHEREAS, the provisions of Public Contract Code Section 7103 and 10221 require that the Principle
file a bond in connection with said contract and this bond is executed and tendered in accordance
therewith.
NOW THEREFORE, Principle and , a Surety
Corporation organized under the laws of and
authorized to transact a generalsurety business in the State of California, as Surety, are held and
firmly bound to the People of the State of California in the penal sum of
( ), for which payment we bind ourselves, our heirs, executors,
administrators, successors and assigns jointly and severally, firmly by these presents.
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
SAMPLE B
THE CONDITION OF THIS OBLIGATION IS SUCH,
1. That if said Principle or its subcontractors shall fail to pay any of the persons named in Civil
Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to
work or labor performed under the contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of the Principle and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code, with respect to such work and labor, that the surety herein will pay for the
same, otherwise this obligation is to be void. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney's fee to be fixed by the court.
2. This bond shall insure to the benefit of any persons named in Civil Code Section 9100 as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
3. The aggregate liability of the Surety hereunder, including costs and attorney fees, on all claims
whatsoever shall not exceed the penal sum of the bond in accordance with the provisions of
Section 996.470(a) of the Code of Civil Procedure.
4. This bond is executed by the Surety, to comply with the provisions of Public Contract Code
Sections 7103, 10221 and 10222, Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of
Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of
the terms and provisions thereof.
5. This bond may be cancelled by the Surety in accordance with the provisions of Section 996.310
et seq. of the Code of Civil Procedure.
6. This bond to become effective
(NAME OF SURETY) (ADDRESS)
I certify (or declare) under penalty of perjury that I have executed the foregoing bond under an
unrevoked power of attorney.
Executed in on
(CITY AND STATE) (DATE)
(SIGNATURE OF ATTORNEY IN FACT)
(PRINTED OR TYPED NAME OF
ATTORNEY IN FACT)
Updated 7/2019
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
SUPPLIER'S NAME
CMAS NO. X-XX-XX-XXXXA, AMENDMENT NO. XX
SAMPLE C
CARPET INSTALLATION REQUIREMENTS
Items Items Performed Performed
Required Required By Vendor By Agency Requirement
Yes No
Standard office furniture to be removed and
replaced (excluding copiers, computers,
personal items and plants). Vendor to provide
all equipment and labor.
Remove existing:
carpet , pad , tile
Disposition: To State
Remove from State Premises
Raise and reset monuments.
Prepare floor and strip wax and other coatings
and debris using commercial stripper. Follow
stripper and carpet manufacturer's
recommendations.
Remove trim, rehang doors and replace
doorstops (except metal doors to be trimmed
by State.
Inspection of floor preparation by Building
Manager.
Reducer strips (metal , plastic ) to
be installed in accordance with the
manufacturer's recommendations and in
accordance with approved broadloom seaming
diagrams.
Tack strips to be installed.
Pad to be installed.
Cove base, rubber or vinyl
Furnish and install
Color: brown , black
other
Size: 6" , 4" , 2"
other
Remove existing base
Trim cove on existing base
Other (explain)
Ordering Instructions and Special Provisions 31
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
Items Items Performed Performed II
Required Required Requirement
Yes No By Vendor By Agency
All spots and smears of floor adhesives and
seam cement to be removed.
Remove all scraps and extraneous items from
State premises upon completion of the
installation and protect all adjacent areas from
damage.
Leave overage with Building Manager.
Work to be performed on other than regular
working hours.
Nights Weekends
Floor duct covers, contact:
Building Manager
Other
Updated 7/2019
ATTACHMENT C
Information Regarding the Purchase and Installation of Floor Coverings
SAMPLE C (continued)
Carpet Installation Instructions Continued
COORDINATION AND INSPECTION OF WORK
Site Inspection:
A job walk-through for the purpose of inspecting the installation site will be conducted
on at at
The walk-through inspection will be conducted by
Failure to inspect the installation site in no way relieves the supplier from obligations as
stated in this order.
Installation Coordination:
(Name) (Title)
at (Agency) , telephone ( )
will be responsible for coordination of all installation work. Within 10 days after receipt of a
purchase order, the supplier shall contact (Name)
to coordinate an acceptable installation schedule. No installation work shall commence
without the Building Manager's advance approval of the schedule.
Inspection of Installation Work:
Check here if any deficiencies in materials and/or workmanship are noted during
inspection of the work in progress. The agency will immediately notify the supplier of these
problems.
The supplier shall request an inspection after % of the work has been completed.
This inspection will be made jointly by the supplier and a designee of the agency.
(Name) , (Title)
will be responsible for performing initial, continuing, and final inspection of the installation work by
the supplier.
Updated 7/2019