HomeMy WebLinkAboutC-9516-1 - Agreement for Sewer Improvementsr
t
S
V -
�- AGREEMENT WITH
CHRISTIANO CONSTRUCTION, INC AND THE CITY OF NEWPORT BEACH
FOR SEWER IMPROVEMENTS
THIS SEWER IMPROVEMENT AGREEMENT ("Agreement"') is made and
entered into on this day of Q� `,z ("Effective Date") by and between the
City of Newport Beach, a California municipal corporation and charter city ("City") and
Christiano Construction, Inc. ("Contractor'), whose address is 729 W. 16th Street, Suite
CA Costa Mesa, California 92627, ("City" and "Contractor" are collectively referred to as
"Parties") and is made in reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Christiano Construction, Inc. ("Contractor") is in the process of developing a single -
unit residence and other improvements including installation of sewer lines and
connection to the City's main pipeline ("Contractor Improvements") at that certain
real property located at 1721 Kings Road, Newport Beach, California, identified by
Assessor's Parcel Number 049-222-55 and legally described as Lot 10 of Tract
No. 1221, in the City of Newport Beach, County of Orange, State of California, as
per map recorded in Book 41, Page 11 or Miscellaneous Maps, in the office of the
County Recorder of said county (1721 Kings Road") which is owned by Bill
Vuylsteke, as Trustee of the Melody Manor Trust dated April 20, 2006 ("Owner").
C. The City's long term Sewer Master Plan provides for the replacement of the sewer
system steel pipes along Kings Road, including 1621 Kings Road, 1701 Kings
Road, and 1711 Kings Road, Newport Beach, California, (hereinafter 1621 Kings
Road," "1701 Kings Road," and "1711 Kings Road") as development/re-
development occurs on each individual parcel ("Sewer Line Replacement").
D. Sewer Line Replacement Plans and Specifications, which are attached hereto as
Exhibit 'A," have been approved by the City for the Sewer Line Replacement at
1621 Kings Road, 1701 Kings Road, and 1711 Kings Road.
E. The City and Contractor agree that it is cost effective and economical for Contractor
to construct the Contractor Improvements and the Sewer Line Replacement at the
same time and has requested that Contractor construct the Sewer Line
Replacement.
F. Contractor has agreed to complete the Sewer Line Replacement at 1621 Kings
Road, 1701 Kings Road, and 1711 Kings Road subject to the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the above Recitals and mutual obligations
of the Parties as herein expressed, City and Owner agree as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date and shall
terminate upon issuance of the Notice of Completion and payment by the City to
Contractor for the Sewer Line Replacement unless terminated earlier as set forth in
Section 15.
2. TEMPORARY ACCESS AGREEMENTS
Prior to initiating the Sewer Line Replacement, Contractor shall obtain temporary
access easements or other form of written authorization from the property owners at 1621
Kings Road, 1701 Kings Road, and 1711 Kings Road to complete the Sewer Line
Replacement.
3. CONTRACTOR'S OBLIGATIONS
Contractor shall install the Sewer Line Replacement pursuant to Sewer Line
Replacement Plans and Improvements, which are attached hereto as Exhibit "A," and
incorporated herein by reference. All work shall be completed in accordance with the City
of Newport Beach Design Standards and Standard Drawings, and consistent with
construction permits which shall be timely and separately issued by City for Sewer Line
Replacement. Contractor shall maintain separate records and contractor invoices for the
Sewer Line Replacement until payment is made by the City. Contractor, at its discretion,
shall select all companies necessary to perform direct and indirect construction services
and determine the amounts payable for these services. Contractor, at its discretion, shall
also select all companies to bid on the construction of the Sewer Line Replacement,
determine which bids qualify and select the lowest, qualified bid but in no case, shall the
cost exceed the amount set forth in Section 5. Contractor shall present the bid it has
selected to the City for review and approval.
4. CONTRACTOR'S COMPLETION OF THE SEWER LINE REPLACEMENT
Contractor agrees to complete the Sewer Line Replacement within ninety (90) days
from the date of this Agreement.
5. COST
The City has obtained a bid for the Sewer Replacement Project, which is attached
hereto as Exhibit "B," and incorporated herein by reference. City and Contractor have
approved and hereby agree to a total cost to the City for completion of the Sewer Line
Replacement of One Hundred Six Thousand Five Hundred Dollars and 00/100
($106,500.00) plus a three percent contingency of Three Thousand One Hundred Ninety -
Five Dollars and 00/00 ($3,195.00) for a total not to exceed amount of One Hundred Nine
Thousand Six Hundred Ninety -Five Dollars and 00/100 ($109,695.00) which shall be due
and payable upon issuance of the Certificate of Completion as set forth in Section 7.
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page 2
6. INSPECTION
City shall have the right to inspect the construction of the Sewer Line Replacement
as it deems necessary to assure compliance with the Sewer Line Replacement Plans and
Specifications, including shop drawing review and material inspection thereof. City shall
have access to all phases of the construction work. City will promptly notify Contractor of
any portion of the work on the Sewer Line Replacement which appears not to conform to
the Sewer Line Replacement Plans and Specifications. The determination as to
conformity of the Sewer Line Replacement with the Sewer Line Replacement Plans and
Specifications shall be made by City in its sole discretion.
7. CERTIFICATE OF COMPLETION
7.1 Promptly after Contractor's completion of the Sewer Line Replacement, but
in no event later than within fifteen (15) days after written request therefor by Contractor,
the City shall provide Contractor with an executed "Notice of Completion." The City shall
not unreasonably withhold such Notice of Completion. The Notice of Completion shall be
a determination of satisfactory completion of the Sewer Line Replacement. After the
recordation of the Notice of Completion, any person then owning or thereafter purchasing,
leasing or otherwise acquiring any interest in the Property shall be entitled to rely upon
the Notice of Completion with respect to any obligation or liability under this Agreement
regarding construction or installation of the Sewer Line Replacement, except that such
person shall be bound by any reservations, covenants, conditions, restrictions and other
interests recorded against the Property pursuant to this Agreement.
7.2 If the City refuses or fails to furnish the Notice of Completion, after written
request from Contractor, the City shall, within fifteen (15) days of written request therefor,
provide Contractor with a written statement of the reasons the City refused or failed to
furnish the Notice of Completion. The statement shall also contain the City's opinion of
the actions Contractor must take to obtain the Notice of Completion. If Contractor resolves
the items in the City's refusal notice, the City shall issue to Contractor the Notice of
Completion. If the City fails to provide such written statement, within said fifteen (15) day
period, the Contractor shall be deemed, conclusively and without further action of the City,
to have satisfied the requirements of this Agreement with respect to the construction and
installation of the Sewer Line Replacement, as if a Notice of Completion had been issued
by the City pursuant to this Agreement.
8. REIMBURSEMENT
Following the City's acceptance of the Sewer Line Replacement and issuance
(either actual or deemed) of a Notice of Completion, Contractor agrees to submit the
Contractor's invoices for the actual costs of the work performed in support of the Sewer
Line Replacement. City agrees to provide cash reimbursement to Contractor within thirty
(30) days after Contractor's submission of billing for such actual costs.
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 3
9. MAINTENANCE
Following the City's acceptance of the Sewer Line Replacement, City shall have the sole
responsibility for maintaining the Sewer Line Replacement except as warrantied by
Contractor in Section 11.
10. LAWS, RULES AND REGULATIONS
Contractor shall comply with all laws, rules and regulations, including, but not
limited to, all applicable requirements of the California Labor Code, prevailing wage laws,
and the ordinances, rules and regulations of City, in connection with the construction of
the Sewer Line Replacement. Contractor shall also require its subcontractor to comply
with the same and incorporate such requirement in its contract with subcontractor.
11. GUARANTEES; WARRANTY
Contractor guarantees, the Sewer Line Replacement against defects in
workmanship and materials for a period of one (1) year from the date of acceptance by
City. Contractor shall cause the Sewer Line Replacement to be brought or restored to full
compliance with the requirements of the Plans and Specifications, including any test
requirements, for any portions of the Sewer Line Replacement which during said one (1)
year period are found not to be in conformance with the provisions of the Plans and
Specifications. This guarantee is in addition to any and all other warranties, express or
implied, from Contractor's subcontractors or material manufacturers, with respect to the
Sewer Line Replacement. The guarantee and obligations under this section shall in no
way be relieved by City's inspection and/or acceptance of the Sewer Line Replacement.
The express or implied warranties of other persons with respect to Sewer Line
Replacement shall in no way be limited by the guarantee and warranty of Owner
contained in this section.
12. INDEMNIFICATION
City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Contractor Improvements or
Sewer Line Replacement or for injury to or death of any person as a result of Contractor's
performance of the work required hereunder, or for damage to property from any cause
arising from the performance of the Contractor Improvements or Sewer Line Replacement
by Contractor, or its Contractors, subcontractors, or its workers, or anyone employed by
either of them.
12.1 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Contractor
Improvements or City Improvements, or the work of any contractor, subcontractor or
supplier selected by contractor.
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 4
12.2 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a
Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any work
performed or services provided under this Agreement including, without limitation, defects
in workmanship or materials or Contractor's presence or activities conducted on the
Contractor Improvements or Sewer Line Replacement (including the negligent, reckless,
and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents,
employees, vendors, suppliers, contractors, consultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable for any
or all of them).
12.3 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by Contractor.
12.4 Contractor shall perform all work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Contractor Improvements or City Improvements.
12.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of this Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
12.6 Nothing in this Section or any other portion of the Agreement shall be
construed as authorizing any award of attorneys' fees in any action to enforce the terms
of this Agreement except to the extent provided for above.
12.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
13. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Sewer Line Replacement, Contractor shall obtain, provide and maintain at its own
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 5
expense during the term of this Agreement, policies of insurance of the type, amounts,
terms and conditions described in the Insurance Requirements attached hereto as Exhibit
C, and incorporated herein by reference.
14. BONDING
14.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100%) of the total amount to be paid Contractor as set
forth in this Agreement in the form attached as Exhibit D and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Agreement
and in the form attached as Exhibit E and incorporated herein by reference.
14.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
14.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
16. TERMINATION
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 6
16.1 City shall have the right to terminate this Agreement at any time by providing
five (5) business days' prior written notice to Contractor. City shall remain obligated with
respect to the actual Sewer Line Replacement costs incurred by Contractor up to the date
of termination and shall reimburse Contractor for City's share of those actual costs.
16.2 If Owner cancels or modifies its agreement with Contractor so as to
eliminate the necessity of the construction of the Sewer Line Replacement, Contractor
shall not have the right to terminate this Agreement and thereby terminate its obligation
to construct the Sewer Line Replacement. If City subsequently elects to construct the
Sewer Line Replacement, City may, but shall not be obligated to, acquire the design or
other work from Contractor by separate agreement, subject to any offset or credit due to
the City for Costs already paid to Contractor for the Sewer Line Replacement.
17. NOTICES
Any notice or other written instrument required or permitted by this Agreement to
be given to either party shall be deemed received when personally served or twenty-four
(24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified
and addressed as follows:
CONTRACTOR: Christiano Construction, Inc.
729 W 16th Street, Suite C04
Costa Mesa, CA 92627
Attn: Steve Christiano
CITY: City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
Attn: Director of Public Works
18. WAIVER
The waiver of any provision of this Agreement by either party shall not be deemed
to be a waiver of any other provision or of any preceding or subsequent breach hereunder.
19. INTEGRATION
This Agreement and the exhibits and references incorporated into this Agreement
fully express all understandings of the Parties concerning the matters covered in this
Agreement. This Agreement may be modified only in writing signed by both parties hereto.
20. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the successor
and assigns of City and Contractor.
21. NO ATTORNEY'S FEES
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 7
In the event suit is brought to enforce the terms and provisions of this Agreement,
the prevailing party shall not be entitled to recover its attorney's fees and costs from the
non -prevailing party.
22. SEVERABILITY
If any term, provision, covenant or condition of this Agreement is held to be invalid,
void or other unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term provision,
covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
23. LAWS AND VENUE
This Agreement is entered into and shall be construed and interpreted in
accordance with the laws of the State of California and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
24. NEGOTIATED AGREEMENT
The parties agree that they have the right to be advised by counsel with respect to
the negotiations, terms, and conditions of this Agreement, and the decision whether to
seek advice of counsel with respect to his Agreement is the sole responsibility of each of
the parties. This Agreement shall not be construed in favor of or against either party by
reason of the extent to which each party participated in the drafting of this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, which when taken together shall
constitute a single signed original as though all parties had executed the same page.
26. NO THIRD PARTY BENEFICIARIES
This agreement is entered into by and for Contractor and City and nothing herein
is intended to establish rights or interests in individuals or entities not a party hereto.
27. AUTHORITY TO SIGN
Each party signing on behalf of a corporation, partnership, joint venture or
governmental entity hereby declares that he, she, or it has the authority to sign on behalf
of his, her or its respective corporation, partnership, joint venture, entity and agrees to
hold the other party or parties hereto harmless if he, she or it does not have such authority.
[SIGNATURES ON NEXT PAGE]
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 8
IN WITNESS WHEREOF, this Agreement is executed by the Parties, on the dates
set forth below.
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE
a California municipal corporation
Date: 1 0-4
Date:
By: I By: !6�
Aaron . Harp U k/ 12/zy Gr c . Leung
City tt rney Manager
ATTEST: CONTRACTOR: Christiano
Date: Construction, Inc., a California
corporation
Date: /-2y Z%
By:&6r By:
Leilani I. Brow Steve Christiano
City Clerk Chief Executive Officer / Secretary
Ise
0��
[END OF SIGNATURES]
Attachments: Exhibit A — Sewer Line Replacement Plans and Specifications
Exhibit B — Estimated Sewer Line Replacement Cost
Exhibit C — Insurance Requirements
Exhibit D — Faithful Performance Bond
Exhibit E — Labor and Materials Payment Bond
SEWER IMPROVMENT AGREEMENT 1621-1711 KINGS RD. Page 9
EXHIBIT A
SEWER LINE REPLACEMENT PLANS AND SPECIFICATIONS
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page A-1
s �
oa sn�aoay.ls � o
tu
A.kF
H
W"
"Fo 6i
0 S 3 ��
om F6
z o om sum p H _
o� $� s=„ 3w O O O O O w
flu 5. ao
a u
m$
N a —
Z
d 0 II
o
W O Q w I ¢
♦ I--1 o U a
y U U pa
x
g z a
W - T
w m °
o� ly
w a - oe`sa�gka
m� pg�
e gg � a anenne�
Z � = w c � �vE�gEI�33IM9,1111M� k kkkkkk la
� IM
MF-i a 6G�S�Isa�l�ee€dECB�Di4e5]ia<edE>�o��ee€ek@ee.l p�gm
14 gl a oxm
z¢z^
wok
#lQ
wp=w =a�
FROF.3 i:EiM >I � z -.z aEyj-sk
gFoa� 3mwam==� a
w a m ..o�lists
ooMw MH
g@
Z LL8 - o� g's H Ewa d 3a
c� F �19 ' -o z-o- ILL° REll w
W�OLL°oLLw°z' ' <
3gy a
„a€So
o
II
��
III
III
u o
m�
m x
III 8
III z
rc �
w
�y
I
a
I
I
I l y
rc
I
m
I
�
JIB
I
^ is
v
it
� I ;� _ � I _ I•� III II ,��
Y(
���
k
x
eo
ao"z
I I I
o
I
I g
+I Is
— I e
�z
m
I \ I `�1a 1 f I IILLII I1ll
p
m
B p
ail
Ir
SS n \ \ - _ i
eia \ 000
\\
�-
\\
s
51
EXHIBIT B
ESTIMATED SEWER LINE REPLACEMENT COST
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page B-1
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659-8341
(949) 548-0106 9 Fax (949) 548-1616
December 13, 2023
Steve Christiano
Christiano Construction, Inc.
Cell 949-294-5387
steve@christianohomes.com
Re: Utility Improvements for 1701 Kings Rd.
Based upon undated plans by Forkert Engineering, received by Kilbride 4/27/23, we propose to:
REPLACE SEWER MAIN
1. Excavate across lot, adjacent to existing sewer.
2. Install new sewer main in SDR 35 piping.
3. Bends for new main to be factory manufactured.
4. Install manhole, West side of lot.
5. Provide point of connection from new manhole to serve 1721 Kings Rd. — new sewer
lateral and clean -out.
6. Connect new sewer main to manhole, 1621 Kings Rd.
7. Construct sewer lateral & clean -out to serve 1701 Kings Rd.
8. Backfill & compact trench. $43,500.00
EXTRAORDINARY SITE CONDITIONS
9. Earthen fill very loose & unstable. Trench excavation will be much larger than anticipated
and will cost our men & machinery two additional days of construction. $8,000.00
10. Restore landscape across rear yard & repair sprinklers. $6,250.00
OTHER CONSIDERATIONS
11. Permits are excluded.
12. Forkert Engineering's plan upon which this proposal is based has been "Approved for
construction" by City of Newport Beach PW Dept.
Total amount of proposal................................$57,750.00
Submitted- Mike Kilbride
Accepted
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659-8341
(949) 548-0106 • Fax (949) 548-1616
December 13, 2023
Steve Christiano
Christiano Construction, Inc.
Cell 949-294-5387
steve@christianohomes.com
Re: Utility Improvements for 1621 Kings Rd.
Based upon site visits and knowledge of existing sewer system, we propose to:
LINE SEWER MAIN
1. Excavate over existing City sewer main at service lateral for 1621 Kings Rd. on East side
of property and prepare "receiving pit".
2. Install temporary downstream sewer connection for 1621 Kings.
3. Excavate for new manhole on West side of lot.
4. Insert poly liner through existing 6" wound steel pipe (WSP).
5. Construct new manhole per City Std 401-L, West side of property.
6. Reassemble service lateral for 1621 Kings Rd. & reconnect to main.
7. Backfill/compact excavation at receiving pit with native earth.
8. Backfill around new manhole. $36,750.00
EXTRAORDINARY SITE CONDITIONS
9. Earthen fill very loose & very unstable, trench & manhole excavation will be much larger
than anticipated, additional crew time & equipment will be required.
10. Terrible site conditions prohibit tunnelling property line wall at 1701 Kings Rd. A section of
wall will be removed and must be replaced. $12,000.00
OTHER CONSIDERATIONS
11. Permits are presumed waived.
12. Proposal presumes existing main can be lined.
Total amount of proposal................................$48,750.00
Submitted- Mike Kilbride
Accepted
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and, in a form, satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to City,
along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page C-2
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page C-3
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page C-4
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Sewer Line Replacement or to obtain coverage for
completed operations liability for an equivalent period.
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page C-5
Premium Subject to Adjustment Initial Premium: $1,798.00
Based on Final Contract Price EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 100816352
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $1,798.00 , being at the
rate of $ 20.00 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has entered into an
Agreement with Christiano Construction, Inc., a California corporation (hereinafter
"Principal"), to complete the Sewer Line Replacement at 1621 Kings Road, 1701 Kings
Road and 1711 King Road in the City of Newport Beach ("Work"), in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
American Contractors Indemnity Company duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Eighty -
Nine Thousand Eight Hundred Eighty Dollars and 00/100 ($89,880.00) lawful money
of the United States of America, to be paid to the City of Newport Beach, its successors,
and assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, of its subcontractor
or subcontractors, fail to abide by, and well and truly keep and perform any or all the
Work, covenants, conditions, and agreements in the Agreement and any alteration
thereof made as therein provided on its part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to its true intent and meaning,
or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page D-1
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for the Term of the Agreement plus ninety (90) calendar days
thereafter.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Pdncipal
and Surety above named, on the 17th day of November , 2023
Christiano Construction, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
1 MacArthur Place, Suite 500, Santa Ana, CA 92707
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
No
Aaron C. Harp
City Attorney
Authorized Signature/Title
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page D-2
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for the Term of the Agreement plus ninety (90) calendar days
thereafter.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 17th day of November , 2023
Christiano Construction, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
1 MacArthur Place, Suite 500, Santa Ana, CA 92707
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �/, Oq
By: LAA d Al.)
on C. Harp Z/2/Zy we
CI y Attorney
Authorized Signature/Title
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page D-2
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 ss.
On 20 2-,3 before me, l VV'-
Notary Public, personally appeared 5-6tUg cA r5 0.h.0
who proved to me on the basis of satisfactory evidence to be the person(s�-whose names-) is/ate
subscribed to the within instrument and acknowledged to me that he/aloe/they executed the same
in his/Whei•r-authorized capacity(iW, and that by his/her/thair'signatures(O-on the instrument
the person(.$)•or the entity upon behalf of which the persorl(lsj'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. _ _ _ _ _ _ _ _�`___
KIM RtEFF
WITN S m hand and offici al. Notary Public • California
y `: Orange County
s ' Commission k 2317439 —
My C.M. Expires Jan 26, 2024
Signature (seal)
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 } ss.
On , 20 before me,
Notary Public, personally appeared
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 signatures(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.
Signature (seal)
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page D-3
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 NOV 17 2023 before me,
K. Ho, Notary Public
(insert name and title of the officer)
personally appeared Paul S. Dito
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.
*my
K. HO
WITNESS my hand and official seal. Notary Public • California
Orange CountyCommission k 2428457
Comm. Expires Nov 26, 2026
Signature (Seal)
aN
TOKIOMARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
PAUL S. DITO
its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100816352
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
One hundred thousand and 00/100 ( $100,000.00 ).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 19t day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemni Pompany has caused its seal to be affixed hereto and executed by its
„ L,.p
President on this 18th day of April, 2022. °SPPCTORs°.,,
AMERICAN CONTRACTORS INDEMNITY COMPANY
ae! ;zs
U : INCORPORATED
_ SEPT. 25. 1999 i -<c By:
W ` o Ada S. Pessin, President
A Notary Public or other officer completing this certificate J'Ni les 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 Los Angeles
On this 181h day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person 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. ° r SONiA0.CARREIO
Notary Public - California
Fq
G. Los Angeles County i
Signature (seal) Commission N 2398710
., My Comm. Expires Apr 23, 2026
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution
adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
o
17th day of November 2023 �PA•CTO....
V i INCORPORATED i = Kio Lo, Assista ecreta
Iw+ SEPT 25. 1990 ry
:
I011rrc���FORN`Po°��` HCCSOZZPOAACIC07/2023
Bond No.
Agency No.
100816352
7746
Visit tmhcc.com/surety for more
Premium Subject to Adjustment Initial Premium Included on
Based on Final Contract Price EXHIBIT E Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 100816352
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has entered into an
Agreement with Christiano Construction, Inc., a California corporation (hereinafter,
"Principal") to complete the Sewer Line Replacement at 1621 Kings Road, 1701 Kings
Road and 1711 King Road in the City of Newport Beach ("Work"), in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,American Contractors Indemnity Company
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Eighty -Nine Thousand Eight Hundred Eighty Dollars and 00/100
($89,880.00), lawful money of the United States of America for payment of which sum
well and truly will be made, we for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's contractors or subcontractors, fail to pay for any materials, provisions, or other
supplies, implements or machinery used in, upon, for, or about the performance of the
Work contracted to be done, or for any other work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, or for any amounts required to be deducted, withheld and paid over to the
Employment Development Department from the wages of employees of the Principal and
contractors or subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to
enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court
as required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page E-1
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 17th day of November , 20 23
Christiano Construction, Inc.
Name of Contractor (Principal)
American Contractors Indemnity Company
Name of Surety
1 MacArthur Place, Suite 500, Santa Ana, CA 92707
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: '' 2
By:
Aa n C. Harp Z/2/2-i wC"
City Attorney
Signature/Title
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page E-2
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 17th day of November , 2023
Christiano Construction, Inc
Name of Contractor (Principal) Authori Signature/Title
American Contractors Indemnity Company
Name of Surety Authori drtt)neyv
Si n .i
1 MacArthur Place, Suite 500, Santa Ana, CA 92707 Paul S. 1 1,-in-Fact
Address of Surety Print Name and Title
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page E-2
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 Ceaj`Qc— )SS.
On OV "20?,3 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the personksa whose name(o is/we
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/Wtheir-authorized capacity0eq,, and that by his/herfth& signatures(e)-on the instrument
the persor*s�, or the entity upon behalf of which the persop(-sracted, 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.
Klm RIEFF
Notary Public - California
WITNES my han nd off i I seal. i orange County
COMMI5sian N 2317439li —
My Comm. Expires Jan 26, 2024
Signature (seal)
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 } ss.
On , 20 before me,
Notary Public, personally appeared
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 signatures(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.
Signature (seal)
SEWER IMPROVEMENT AGREEMENT 1621-1711 KINGS RD. Page E-3
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 NOV 17 2023
before me, K. Ho, Notary Public
(insert name and title of the officer)
personally appeared Paul S. Dito
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.
*my
K, HO
WITNESS my hand and official seal. Notary Public - California
Orange County
Commission # 242�26,'2026j
5Comm. Expires Nov
Signature (Seal)
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 NOV 17 2023 before me,
K. Ho, Notary Public
(insert name and title of the officer)
personally appeared Paul S. Dito
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.
,''..... , K. HO
WITNESS my hand and official seal. Notary Public • California
z Orange County a
z Commission p 2429457
9
My Comm. Expires Nov 26, 2026
Si nature (Seal)
TOKIO MARINE
A�. HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
PAUL S. DITO
its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100816352
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
One hundred thousand and 00/100 ( $100,000.00 ).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemni company has caused its seal to be affixed hereto and executed by its
President on this 18th day of April, 2022. \�PPCTORS o,,
AMERICAN CONT CTORS INDEMNITY COMPANY
tee: tZ=
U : INCORPORATED = B
SEPT.25. 1990 y'
���:. o Ada S. Pessin, President
',�9QgC1FPoll
A Notary Public or other officer completing this certificate verities 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 Los Angeles
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person 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. SONIA0.CARREIO
Notary Public • California
t. Los Angeles County
Signature (seal) Canmission 92398710
My Comm. Expires Apr 23, 2026
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution
adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
17th dayof November , 2023 oACTOgS��i.,,�.
Bond No. 100816352
Agency No. 7746 -�: SEPT25,19 0 '<_ Rio Lo, Assists ecretary
.:0z
Visit tmhcc.com/surety for more informatiori''c.... N;P°°``` HCCSOZZPOAACIC0712023
TSurety Group
OKIO MART NE
1 MacArthur Place, Suite 550
H C C Santa Ana, CA 92707
SURETY RIDER
To be attached to and form a part of Performance & Payment
In favor of City of Newport Beach
Obligee
On behalf of Christiano Construction, Inc.
Surety hereby gives the consent to amend Bond Amount
From: ($89 880.00)
Eighty Nine Thousand Eight Hundred Eighty and 00/100
To: ($106,500.00)
One Hundred Six Thousand Five Hundred and 00/100
Effective: December 18, 2023
Signed and sealed this 18th
Agent:
BACCARELLA INSURANCE
Obligee:
City of Newport Beach
Bond Number 100816352
License Number
to read:
day of December 1 2023
American Co Kznv Company
Paul S. Dito Attorney in Fact
H CCSZZM_RI DER0112017
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 DEC 18 2023 before me,
K. Ho, Notary Public
(insert name and title of the officer)
personally appeared Paul S. Dito
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.
s s s r i—,.. amide
WITNESS m hand and official seal. *my
blc-
y Notary Public •California
Orange CountyCommission # 2428457
i F
Comm. Expires Nov 26, 2026
Signature (Seal)
TOKIO MARI N E
H C C
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
PAUL S. DITO
its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100816352
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
Three million and 00/100 ( $3,000,000.00 ).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling orterminating the Company's liability thereunder, and any such instruments so executed
by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on this 18th day of April, 2022. ,NCTORs
Go�``.....o�:,, AMERICAN CONTq,%CTORS INDEMNITY COMPANY
INCORPORATED _ t
_ �'• SEPT. 25, 1990 : '< By.
49Adanii S. Pessin, President
A Notary Public or other officer completing this certificatel'@IPI ies 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 Los Angeles
On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person 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 SONIAO.CARRElO
+ Notary Public • California
' Los Angeles County
Signature (seal) Commission M 2398710
` • ••' My Comm. Expires Apr 23, 2026
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution
adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said
18th day of December 2023 , ,P
Bond No. 100816352
Agency No. 7746
INCORPORATED
SEPT. 25, 1990
3 at Los Angeles, California this
0&.Z-
Rio -LoAssistAtAecretary
Visit tmhcc.com/surety for more inform atlOrl°°�nuunl um....11" HCCSOZZPOAACIC07/2023
�
�
\
In
2.
�
K
3
}
)
/
)
,
§
%
o:/
\
}
/
4
j
®
§
)
\
§
/
\
<
} ) �
k /
§.3
®
)
)j
o
k
\
k
_
k
/
\
[
/
-
k
®
..
�
.
\
-
in
)
/
ƒ \ / \ \
�
2
/
.
. .
I;
12
E
�
�
Lo
{
]
r
\
)
ƒ
m
#
\
.
■
( .�
c
»<�
x
�
� � -
�