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HomeMy WebLinkAboutC-3783 - Informal Contract No. 0002 - Surveillance Monitoring and Recording System for the Balboa Yacht Basin ("BYB")r C -Vq3 CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 THIS AGREEMENT, entered into this o? 7 day of 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Post lar ..Systems, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Informal Contract No. 0002 Project Description WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Informal Contract No. 0002, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty-one thousand, six hundred and ninety -five dollars ($31,695.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, E • 0 (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Payment E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lome Arcese (949) 644 -3034 (949) 723 -0589 Fax CONTRACTOR Post Alarm Systems 610 No. Santa Anita Ave. Arcadia, Ca 91006 Attn: Thomas Tobin (626) 786 -0649 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence° form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad For Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage fors - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. if Commercial Liability Insurance or other for with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages L City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no 0 • special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shag include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is bulk in accordance with the plans and specifications. 6.. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner, for any loss or damages that may happen to the Work or any part thereof; 'O for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. 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 Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municip rporatio By. Tom Rossmilrer, Harbor Resources Manager f'% APP VED AS TO FORM CITY ATTORNEY CONT CT By. Authorized Signature and Title CITY OF NEWPORT BEACH HARBOR RMURCES DMSION INFORMAL CONTRACT N% 0002 BOND NO. 692719 LABQR AND MATERIALS PAYMENT BOND WHEREAS, tha City Council of the City of Newport t ?Va State of Caiitomia, by motion adopted, has awarded to Post Alarm Systems, Inc. herdnaPiBt designated as the "Rindpal," a Contract for comVurdion of Informal Contract No. 0002 in itre City of Newport. Beach, in strict =* a* with the plans, drawings, spea=tlans and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, an of which are irmxrpoivd herein by ttds,eference, WHEREAS. Principal has executed orbs about to execute Inform! Contract No. 0002 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars 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 tabor dim thereon of any kind, the Surety on this bond will pay the same to the extent hereiroffer set forth: NOW, THM: EMM We Ste undersigned Principal, and, wEsTERN S TY COMPANY duly authorized to trwm= business under the laws of the Stato of California, as Sunaty (fien upve")�M herein as "Srxmtj y p held firmly bound Unto the City of Newport Beach; in the sum of t ' Dollars($ 31, 695.00 � lawful money of the Uni�i States'of Ammedca, serd beir� eq 1i]0°la of the estimated amount payable by the City of Newport Beach under the tears of the Contract; for which payment wen and truly to be made, we bind aursehres, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE C0NDrrl0N OF THIS OBLIGATION IS SUCH, that fi the Principal or the Prtndpars subcontractors, fail to pay for any materials, provisions, or oew 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 We under the Unemployment Insurance Code with resper3 to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment OftWopmerrt Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemploymelt Instramce Code with respect to such work and tabor, itmen the Surety win pay forthe same, in an amount not exceeding the sum specified in this Band, and also, in case suit is brought to enforce the obligations or this Bond. a reasonable attornWs fee, to be fbad by the Court as required by the provisions of Section 3280 of the CH Code of the State of Caftmia. The Bond shalt inure to $he benefit of any and an persons, companies, and corporations entitled to file claims underSedon 3181 of the Catifarnla 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 aacofdance with the provisions of Sections 3247 et seq. of the Civil Code of the State of GelHamia And Surety. for value received, hereby sVdatas and agrees shat no change, extension of time, alterations or additions to the terms of the Contred or to the work in be performed thereunder or the specifications aa=mpanying the same shall in any wise affect its obligations on this Bond, .. 15 ;a and It does hereby waive notice cf any such d1a8ge, cowd9on of time, alteratiom or addittrms to the tents of the Contrad or to the work orto the spadficatims. in the event that any principal above named exsaulad this Bond aS an individual, It k agreed tit the death of any ouch principal sha0 not eico a to the Suretytrom its otlillatlons under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Pfinapal and Surety, on the 20th day of June POST ALARM SYSTEMS, Inc. BY: Contra&" Autllfrtt Md SE9113WW ille * 14 N=8 of Surety 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety (605) 336 -0850 Telephone uAthorded n Sig � K ft Asa Sec. Print Name and Tide NOTARY ACKNOWLEDGMENTS OF CONTRACTORAND SURETY MUST BE ATTACHED THE UP: 174 W. Foc Monrovia, CA Tore. No. 62L ly. ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 20th day of June 2005 , before me, a Notary Public in and for said County, personally appeared R fOA.w � ANI SM personally known to me, who being by me duly sworn, did say that be is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and axed my o cial seal the day and year last above written. My commission expires GARDNER My Commission Expires 6 -22 -2007 Notary Public Foam 103 -12-88 a • ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaba On this 20th day of June A,.� 2005 , before me, a Notary Public in and for said County, personally appeared EL f O� AM 8' personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and farther acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o seal the day and year last above written. i My commission expires J. GARDNE2 M, Commission; Expires 6-22 -2407 ' Notary public Farm 103 -12 -98 n 15 ALL - PURPOSE ACKNOWLEDGMENT- State of CQi o c ss. County of Lon. V�,ro a S On 2c> efore me, �� t��ckorv. -Y 1� c Date '� Name and Title of Officer( .,'Jana Doe, Notary Icy personally appeared `7�>osk . Name(s) of Signegs) e STORE L5ir proved to me on the basis of satisfactory . hill BFvd. evidence, .. )1018 -2177 357 -7606 to be the .person(A whose narneM Weise subscribed. to the within instrument and -- - - - acknowledged to me that- he /skeL4i+ey executed dF4�k54Cx +rc ..ah3aG..r .. .- .x..or..3+ the .'same in his /herb Hear, . authorized m capacity(&*, and that, by hisflwOftir. SHANNON BRILL signature(a) on the instrument the person*, or the entity upon behalf of which the person( ++lnl Comm. A 1361848 NOTARY PUBLIC-CALIFORNIA acted; executed'the instrument. - Vl - - Las A"Ples Count - -. - .. ... My Comm. Expires June 22 2606 WITNESS my hand a d official seal. Place Notary Seal Above gnaahme of Notary P�O� OPTIONAL - - Though the information below is not required by law, it may prove valuable to persons relying on the document - - and could prevent fraudulent removal and reattachment of this form to another document. - Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s).. Other. _Than- Named,Above-. - - - - --...... - --- -- -------- -- Capacity(ies) Claimed by Signer Signal's Name: ❑' Individual - ❑ Corporate Officer — Ttie(s): - - - - - - Top of thumb here ❑ Partner - ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1997 National Notary Association • 9350 De Soto Ava., P.O. Box 2402 • Chats"ah, CA 91313 -2402 Prod No, 5907 Reorder. Call Tall -Free 1400 -878 -6627 " 3., dF4�k54Cx +rc ..ah3aG..r .. .- .x..or..3+ .. d -:'$st m .. GP�:u.. `uFkv Y f, •. 0 0 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Arp of Sioux Falla_ , State of South Dakota its regularly elected Assi stani- es ary _ as Attomey -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, polfciig�i "gmnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity �y0 �r�,��/ry','r n all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waiya o7F or extend any bond or document executed for this Company, and to compromise and settle any and all claims or de[A`aq�9`mp�xi$QMinst said Company. >urety further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety adopted Al arj in force, to -wit: *w' , on � I < policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the ce of• ' pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officer`swey u QP61rectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoinirl5ilff "Vs-in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this ? I)th day of _ June 2005 ATTEST WEST N URET OMPANY t C[ V By Assistant Secretary Paul T. Bruflat, Planior Vice President STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA On this 20th day of Paul T. Wont 2005 before me, a Notary Public, personally appeared and __.. A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }bbbbbbbb444bbbbb44bbbb44 } 0 D. KRELL o J, NOiARY PUBLIC SEAL r .+ SOUTH DAKOTA +44a4bbbbbbbb4bbbbbbbbb4 } - Notary Public My Commission Expires November 30, 2006 Form 672 - 4-2002 17 0 0 CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONT 60 No. 0002 BOND NO. 69927919 FATTHFILL PERFORMAMIM BOND The pnerrilemt Charges on this Bond is s 951.00 being at the rate of $ perthousand of the Corthact price. WHE AS, then City Councit of the City of Newport Beach, Stale of Caf Wrk by motion adopted, awarded to Past Alarm Systems, hereinafter designated as the `Pr€ncipar, a contact for consttudion of Informal Contract No. Ma in the City of Newport Beach, in strict confomttiy with the plans, drawings, specifications, and other Contract OoClm=W maintained In the Pubiia Wotics Department of the City of Newport Beach, all of winch are Incorporated herein by this reforerce WHEREAS, Principal has aesculed or is about to execute Wormal Contract No. 0002 and the terms thereof require the furnishing of a Bond forthe faithful performance of the Cont acl; NOW, THEREFORE, we, tite Prk opal, and WESTERN SURETY CMPANY duly authorized to transact business under the laws of the Sate of California as Surety ems+ r2 ` Md fumly bound unto the City of Newport Beach, in the sum of N, � Dollars M 31, 695.00 , lawful money of the United States of America, said sum befg equal to 100% of 8reamount of the Contact, to be paid to the City of Newport Beach, its successors, and assigns; for which payment web and truly to be made, we bind owsalves, our heirs, 0mcutors and administtaters, surcesors. or assigns. Jointly and severally, fmnly by these present. THE CONDITION OF THiS OBUGATiON IS SUCH. that If the Principal, orthe Prindpai3 hers. wwout rs, administrators. suers, Ar assigns, fail tD abide by, and well and truly keep and perform any cr ail Unwaetc, covenants, conditions, and agreemerds h tee Contrad Documents and any alteration thenecf made as !herein provided on Its part, to be kept and performed at the time and in the manner therein specified, and in all respecls according to its true intent and me ing, or faits to indemnify, defend, and Savo harmless-the City of Newport Beach, its officers, emmpioyees and agents, as thereto stipulated, then, Surety will faithfully perform the same, in an amount not exomclblg the sum speddfied in this Bond; otherwise this obligation shall become null and void. As a part of ftre obligation secured hereby, and In addition to the face amount spedfkd in Reis Perfomiarne Bond, there *mo be included cols and reasonable expenses and fees, €ttduding reasonable attorneys fees, incurred by the City; only In the event the City is required to bring an ae6ort In law or equity against Surety b enforce the obligations of this Bond Surety, for value received, 4Vpufefes and, agrees that no change, arderMbn of firm alterations or additions to the term of the Contract or to the work to be performed tit moderOr to the specifications acca paWng the same shat in any war affect its obfiga%rmon this Bond. and it does hereby waive notice of any such change. extension of time, alterations or additions of fire Contract or to the work orth the specifications. I this FledhU Perromfanoe Hand ShU be atended mid rntn ainad by the Prin fpal 61 %ill farce and effect far one (1) yearf 9cMng the daft ormnm 0=ptanee or the pmjed by ft CRY. In the event that the Principal amcAad Us band as an k divihrd, R's agreed ffmtihe death of any Such Principal S1811 riot wnna to the Suretytw its obtlgaganS underra SmW. IN 1MTNFSS WHEREOF this insha has been duty wwated by the i napat and Sufety above framed, an the 2Rh day of June `e . 2M5. ll POST ALARM SYSTEMS, INC. Conhaotor WESTERN SURETY COMPANY Name otSrsefy 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address otst,N* ( 605) 336 -0850 Telephone BY: I _ . I • I C I' NOTARYAGWOV"DGMENTS OFCONTTRACTORAND SLMYY MUST BE ATTACHED THI 174 Monro Tate. I ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 20th day of June 2005 , before me, a Notary Public in and for said County, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o ial seal the day and year last above written. My commission expires , GARDNER My Commission Expires b -22 -2007 Notary Public Form 103 -12-96 1 ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA - (Corporate Officer) County of Minnehaha SS On this 20th day of June 2005 , before me, a Notary Public in and for said County, personally appeared aftAftlSm personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my offlteial seal the day and year last above written. My commission expires J. GA F71N`i� My Commission Expires 6.22 -2007 Form 103 -12 -98 ' Notary public M ao. ALL - PURPOSE ACKNOWLEDGMENT State of o- County of l—oS P- v \e-z ss. On � 5 20o S before me, S nne., Yuri �\ 1�o'tvr.+ \. c , r _ Name and We of Officer 1e.g> Jane Doe. Notary P personally appeared W AV —W AV .. Name(s) of Signer(s) (, UPS STORE W-proved to me on the basis of satisfactory. V- Foothill Blvd- evidence a, CA 91016 72171 626- 357-7606 to be the person(4 whose name�4-1s /are: subscribed. to the within instrument and acknowledged to me that he /stiey executed . the same in hisll#eir . authorized capacity(iea), and,. that: by his /heir BRILL . signature( on the instrument the person(4 or Comm.! 1361848 LieSHANNON tiorAxy 0 acted, the entity upon behalf of which the.person(eQ PuguC•CALIFONA executed the instrument. Las Angeles Ceunp y Comm. expires June 22,2M ' WITNESS my hand and official seal. .. Place Notary Seat Abovs . signature of Notary Public OPTIONAL Though the information below is. not required by few, it may prove valuable .to persons relying on the document .' ' and could prevent fraudulent removal and reattachment of this.form to another document. Description of Attached Document Title or Type of Document: D Corporate Officer — Ttle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator . . ❑ Other: Signer Is Representing: ®1997 National Notary Association • 9350 De Sato Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder. Call ToiLFree.7- 800-8766927 �I Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Arp .. of ,Sioux Falls State of South Dakota , its regularly elected Assistant S --- etary as Attomey -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policgyjf0Amnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity O I� yin all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waif odifro ,g ' or extend any bond or document executed for this Company, and to compromise and settle any and all claims or d inst said Company. Surety '" further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety adopted a4d 3Qw in force, to -wit: - s a yolicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the co .of• pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other offcert 1105irectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoinT/4ff MIVs -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President _- with the corporate seal affixed this 20th day of June 2005 ATTEST WEST SURET OMPANY Assistant Secretary Paul T. Bruflat, fenior Vice President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA as On this 20th I day of ?une ........ ,.. 2005 , before me, a Notary Public, personalty appeared Paul T. Bruflat _ , and, A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }4bbbbbbbbb44b4b4444bbb4b} a D. KRELL d r 8E L NOTARY PUBLIC s a�SOUTH DAKOTA3 L S }bb44b44bb4bbbb444444b44 } - -- Notary Public My Commission Expires November 30, 2006 Form 672 -42002 0 0 li 00 -2NJ�� ) r C- 37 F3 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949- 644 -3002, dkiff @city.newport- beach.ca.us Harbor Resources Division (City Manager's Office) Tom Rossmiller, Harbor Resources Manager 949 - 644 -3041, trossmiller @city.newport- beach.ca.us SUBJECT: Purchase of Surveillance Monitoring and Recording System for the Balboa Yacht Basin ( "BYB "); Contract with Post Alarm Systems ISSUE: The Harbor Resources Division of the City Manager's Office is requesting that the City Council authorize a contract for $31,695.00 for equipment and installation of a surveillance monitoring and recording system at the BYB from Post Alarm Systems. RECOMMENDATION: That the City Council: 1) Authorize the purchase and the installation of the alarm system as proposed at the bid price of $31,695.00. 2) Authorize the Harbor Resources Manager to execute a contract with Post Alarm Systems (C- 3783). DISCUSSION: Background: The Balboa Yacht Basin is a City owned and operated property with a 174 slip marina, • 45 garages, 3 apartments, 2 offices, a yacht club, restaurant and a shipyard. With the high volume of traffic of both cars and people, it is sometimes difficult to monitor all of • Fiirchase of Alarm System at the Balboa Yacht Basin July 26, 2005 Page 2 the activities in the facility. There have been many thefts and acts of vandalism both in the marina and in the parking lot area in the recent months. Harbor Resources staff has contacted the Newport Beach Police Department and asked them to advise the Division on ways to deter and solve crimes committed in the marina. NBPD recommended a camera security system and improved access gates to the marina. The system essentially provides video surveillance and monitoring with the use of high resolution, low -light digital cameras equipped with non - obtrusive infrared lighting. The system is designed to be tied into our current computer network with controlled access to Harbor Resources staff and the facility may be monitored by the Police Department, if necessary. $65,000.00 was budgeted in the fiscal year 2004/2005 under Balboa Yacht Basin Security System. Due to the retirement of the Supervisor of the Basin, the project was delayed until now and the acting Marina Manager, Lorrie Arcese, has obtained bids and negotiated draft contract terms to move forward with the project. Three proposals were received for the project: 1. Honeywell - $9,116.00 for installation of the system, $75.00 per month for services and $298.80 for extended services. 2. Richardson Electronics - $23,156.00 and installation $4,650.00 by the Sierra Group with additional electrical installation, trenching and asphalt work by the City. 3. Post Alarm Systems - $31,695.00. Post Alarm Systems was chosen due to the higher quality specifications of the equipment that allow for higher quality viewing of activities on the property under low light that would allow for suspect and license plate identification, longer video recording times and recordings that can't be altered, and admissible court evidence. Also Post performs all the installation and there is no monthly service fee. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Funding Availability: $35,000.00 budgeted with account #2371 -8040. Alternatives: Continue without the added security or gate the facility and provide key card access, which is more costly and more restrictive for those in need of passage throughout the property. F1 Rrchase of Alarm System at the Balboa Yacht Basin July 26, 2005, Page 3 Prepared by: Submitted by: SIGNATURE Tom Rossmillller, Harbor Resources Manager Attachments: Post Alarm Systems Proposal Informal Contract No. 0002 Labor and Performance Bond Faithful Performance Bond 0 SIGNATURE De iff, Assistant City anager I Capital Projects and Contracts Administration Contract Encumbrance Number. . Project Tide: Alarm System for the Balboa Yacht Basin Project Manager. Tom Possmiller CIP Budget Page # Date: 5/27/2005 8:11 Vendor Name: Post Alarm Systems Vendor Number: h/a Vendor Address: 610 N. Santa Anita Ave. Arcadia, CA 91006 Phone: Description of Services: Purchase and installation of alarm system at the Balboa Yacht Basin Additional Comments: Fund Division Project Number & Title Amount: Available Balance 2371 C2373771 BYB Security System $31,695.00 Total: $31,695.00 s Project Manager Dept Authorisation Administrative Services Department Authorization: Date: 5/27/2005 8:11 Date: 1 0 0 • 0 i POSE ALARM SYSTEMS A Tradition of Service Since 1956 610 North Santa Anita Avenue Arcadia, CA 91006 Constaner Affairs License AC01843 ' State Contractor's License 670585 Thomas W. Tobin (626) 786 -0649 or (909) 376 -2779 (NeateD • UL- Listed Central Monitoring Station — Security and Fire Alarms • Computer -Based Card Access Control — Single or Multi -Site • Video Surveillance and Recording — Digital Recording — LAN, WAN, Internet • Residential Alarm Systems • Panasonic Telephone Systems Prepared For: Re: Dear Lorrie: February 10, 2004 City of Newport Beach Lorrie Arcese Revised June 7, 2005 (949) 673 -1761 Proposal — 3 pages total - Video Surveillance and Recording System (IP Ready) Thank you for the opportunity to present the enclosed proposal for video surveillance and digital recording. This proposal reflects the changes we have discussed over time, since the original proposal from February 10, 2004. It also includes the legal language that limits our liability, states that you understand that Post is not an insurer of your property or the personal safety of persons on your premises, and the amount you are paying to Post is based only on the value of the system we are providing. Please let me know if you have any questions, comments, or to schedule the work. As with many projects, we will be happy to work with you to refine the design and purpose of the system to most closely meet your practical and budgetary requirements. • Tom (626) 786 -0649 Thon az W. Tobin (626) 786-0649 a • 2 PROPOSAL Schedule of E ui ment Color High Resolution Kldeo Sun &Rance and Recording I. Video Surveillance and Recording Systern (Digital Recording, IP Ready) Digital Recorder and Video Multiplexer - 600 G8 Hard Disk Drive Capacity (approximately 1 month recorded) - 16- Camera Ports Available - IP -Ready for Networking - Instant Search - Save images to your own PC, Zip Drive, CD, etc. - CD Writer built In UPS for Recorder 19 -Inch High Resolution Professional Monitor (800 lines of resolution) Camera Power Supply 6 Infrared Illuminators and Power Supplies 5 — Located at camera locations, illuminating docks 1— Located at restaurant by camera, wide angle 6 Exterior Cameras — High Resolution, Low Light, Color (monochrome at night) 5mm — 40mm Varifocal, Auto Iris Lenses Roof or wall mounts as needed 5 — Observing Dods Area (100 -feet to 500 -feet from camera) from main row of buildings. Cabling run to main office by Post 1— Observing Main Entrance from Restaurant — no underground conduit — wide angle Purchase Price with equipment, installation and 1 -year warranty: $31,695 The following terms and conditions are part of this proposal, and will become part of the contract between the City of Newport Beach and Post Alarm Systems: Post is not an Insurer: Liquidated damages; limitation of liability; client understands that; (a) Post is not an insurer of client's property or the personal safety of persons in clients home or business; (b) it is the client's responsibility to provide any insurance on client's premises and its contents and any life, disability or health insurance for persons using or living in client's premises; (c) the amount client pays to Post is based only on the value of the system and service post provides; (d) alarm systems and the services Post may provide may not always operate properly for various reasons; (e) it is difficult to determine in advance the value of clients property that might be lost, stolen or destroyed if the system or service fail to operate properly; (f) it is difficult to determine, in advance, how fast the Police or Fire Department or others would respond to a request for help; (g) it is difficult to determine, in advance, what portion, if any, of any personal injury or death would be proximately caused by Post's failure to perform, Post's negligence, or a failure of the system. Thomas W. Tobin (626) 786 -0649 (D 0 • • Therefore client agrees: Even if a court decides that Post's breach of this agreement, a failure of the system, Post's negligence, or a failure of the services to be provided by Post caused or allowed any harm or damage (whether property damage, personal injury or death) to client or anyone in client's home, client agrees that Post's shall.be limited to the lesser of $250.00, as liquidated damages and not as penalty. And this shall be client's only remedy regardless of what legal theory (including without limitation, breach of contract, negligence, products liability or breach of warranty) is used to determine that post was liable for the injury or loss. Client may obtain a limitation of liability. If client wished, client may obtain a limitation of liability instead of the liquidated damages for an additional periodic fee. If customer elects this option, Post will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge agreeing to the limitation of liability does not mean that Post is an insurer of client, client's property, or third parties or their property. THIRD PARTY ACKNOWLEDGEMENT: There are no third party beneficiaries to this contract. END of PROPOSAL Thomas W. Tobin (626) 786-0649 ?0 ) CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Post Alarm Systems, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Informal Contract No. 0002 Project Description WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Informal Contract No. 0002, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -one thousand, six hundred and ninety -five dollars ($31,695.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, 0 (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, q 9 • (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lome Arcese (949) 644 -3034 (949) 723-0589 Fax Post Alarm Systems 610 No. Santa Anita Ave. Arcadia, Ca 91006 Attn: Thomas Tobin (626) 786 -0649 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall fumish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance • ! Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of Califomia and Employers Liability. 3. Deductibles and Self- insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no V ,3 0 0 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Worts for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof, � rD I special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnificationthold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Worts for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof, � rD I for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or • for damage to property from any cause arising from the construction Lion of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. 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 Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. f� IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municip rporatio By. is v"/YIt� Tom Rossmi er, Harbor Resources Manager j 0 APPROVED AS TO FORM: CON7 CITY ATTORNEY Authorized Signature and Title -a p'o 0 • CITY OF NEWPORT BEACH HARBOR RESOURCES DMSION INFORMAL CONTRACT No. 0002 BOND NO. 6999279„19 ♦ a" T ri e WMEREAS, the Clty Coundl of the Cltv of Newport Beach, State of California, by motion adopted, has awarded to Post Alarm Systems, Inc. hereinafter designated as the " Princpal," a contraciforconsttudion of Informal Contract No. 0002 in the City of Newport Beach, In sect eoniomuly wdh the plans, drawings, specttradons and other Cont;act Documents in the office of the PuM Works Department of the City of Newport Beach, all of which are ii;=rpomtod herein by 0vs fPranca, WHEREAS. Principal has executed or is about to execute Informal Contract No. 0002 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 perfa nanca of the work agreed to be done, or for any work or tabor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: 0 NOW, THERIORE, We the undersigned Principal, and, WESTERN SURETY COMPMY duly authorized to tans= business under the laws of the Stets of Cafifomia, as Surety 08MMd to heroin as'Surety'} are held firmly bound unto the City of Newport Beach, in the sum of Vim' C e Dollars {$ 31, 695.00 lawful monoy of the United States of America, said sum �w arty raslrea� being equafto 1000,o of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, oressigns, jointly and severally, finny by these pr>rsent. THE CONDITION OF THIS OBUGAMON IS SUCH, that if the Principal or the Principals subcontractors, fall to pay for any materials, provisions, or other supplies, implements or madhlnery used In. upon, for, or about the performance of the work uonhacted to be daft or for arty other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respell 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 rind subcontractom purstmant to Section 1302D of the UnarhpIcyrnent Ir Mme Cade with respect to such work and labor, then the Surety wilt pay fortthe same, in an amount not Ong the sum sped led in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's fee, to be fired by the Court as regrmad by the provisions of Sodom 3250 of the CW Code of the State of California_ The Bond shall inure to ire benefit of any and all persons, companies, and corporations entitled to fife ciaims under Section 3181 of the California CM Code so as to give a fight of atdion to them or their assigns in any suit brought upon This Bond, •as required by and In accordance with the provisions of Sections 3247 et seq, of the C'uvil Code of the Slate of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or addWons to the terms of the Contract or to the Work to be performed thereunder or the speficatons accompanying the same shah in any wise affect its obreaWns on this Bond, J 0 L J • ON it does hereby wave natice of any such change, Wxabn of time, aft radons ar additions to the temts of the Contract orto the work onto Ate speciffadTorm In the event that any pfi pat above named w0mg9d this Bond as an fndividtrel, it Is agreed that the death of any arch principal snap not exonerate the Su" from its pbfgations under this Bond. IN WITNESS WHEREOF, M fnsirument has been duly mearted by the Principal and Surety, on the 20th day of June " - 2005, POST ALARM SYSTEMS, Inc. Contractor WESTERN SURETY COMPANY Name of Surety 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 Address of Surety (605) 336 -0850 Telephone BY: Authorized AgeM Slgnatu B. ft. Am-t SBC. Print Name and Tide NOTARY ACKNOWLEDCaMENtg OF CONTRACTOR AND SURETY MUST BE ATTACHED THE UP; 174 W. Fa Monrovia, Co Tele. No. 62 r �r STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th day of s ACKNOWLEDGMENT OF SURETY (Corporate Officer) 2005 , before me, a Notary Public in and for said County, personally appeared 8.hP,An't8ft personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o vial seal the day and year last above written. My commission expires 7 �Y; }r �Crtl ^lGSi 0f1 G; :j+lfa� . .- Notary Public Form 1fx3 -1 NJ8 15 9 0 9 0 ALL - PURPOSE ACKNOWLEDGMENT State of Cc,i, }or<-,eG. ss. County of �...OS �`f-tp e12 S J. On � t ZUo$efore me, sa,,.,o� hr� �� t��ckor.n� . C1;',, Date Name and Title of ORCar ( 'Jane Doe, Notary 6c1 personally appeared i�� i n.C%n S . `7 Z , Namels) of signer(s) STORE hill Blvd, 11016 -2171, 357 -7606 SHANNON BRILL Comm. Q 1361646 NOTARY PUBLIC-CALIFORNIA N Los Angeles County My Comm Expires June 22, 2006 Place Notary Seal Above e 5le proved to me on the basis of satisfactory evidence to be the person(&) whose nameM isles subscribed. to the within instrument and acknowledged to me that helsbaAhey executed the same in hislhanilFheir . authorized capacity(des), and that by hisAwm4lreir signatureW on the instrument the person*, or the entity upon behalf of which the person(h) acted, executed the instrument. WITNESS my hand a d official seal. Signatme of Notary Publoo OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Tille(s): ❑ Partner —D Limited 0 General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1997 National Notary Association • 9350 De Seta Ave., P.O. Box 2402 • Cbals"M. CA 91313 -2402 Number of Pages: iUGHr7fiUls7aPRiNT �DFSIGPlER : r I Prod. No. 5907 Reorder. Call Toll -Free 1.600.876 -6927 V0 • • Western Surety Company � POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B— ArP of _Sioux Falls State of South Dakota _ , , its regularly elected Aga 1s ant_ SQ,retary as Attomey -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policijtttiremnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity fiis�„rderi,�nityn all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waif rllnodityrof pti or extend any bond or document executed for this Company, and to compromise and settle any and all claims or de[o inad�oygxistatgApInst said Company. es°•t m Surety °C further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety Co any duly adopted ari (iw in force, to-wh: FB'on . I� bo' 4s °RII borx.�poiicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corp"or ame.of.t "e Qdlpany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other offcers °a,rt et �„ -¢ saf'�irectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may app oiht Attorneys -m -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its _Senior Vice. _Preside tit _ with the corporate seal affixed this _20th day of June _ ATTEST WEST N SURET OMPANY Assistant Secretary Paul T. Brullat,jAnlor Vice President STATE OF SOUTH DAKOTA ) T s5 COUNTY OF MINNEHAHA } On this ?oth day of June —` -_. 2005 — , before me, a Notary Public, personally appeared T. Bruflat and _.. A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as . Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }b464b444bbbbbbb4bbbbbbb4} X D. KRELL s i NOTARY PUBLIC + i SEAL SOUTH DAKOTA SEAL j' }bbb44444b4 bb4bb4bbb44b4 } _ _ —' f/ D Notary Public My Commission Expires November 30, 2008 Form 672- -2002 1 % • 0 MY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 SOM N0. 69927919 FAITHFUL PERFORMANCE BOND The premium Charges on this Bond is $ 951.00 being at the rate of S perthousand of the Contract pdee. WHEREAS, the City Council of the Mar of Newport Beach, State of Cali cn4 by motion adopted, awarded to Post Alarm Systems, hereinafter designated as the - Aticipar, a contract for construction of Informal Contract No. DOM in the City of Newport Beach, In strict conformity with Me plans, drawings, speacations, and other Contract Documents maintained in the Public Waft Department of the City of Newport Beach, all of which are incorporated heraln by this reference. WHEREAS, Principal has executed or is about to execute Informal Contract No. GM and the terns thersof require the ttmishing of a Bond forthe faithful performance of the Contract; NOW, THEREFORE, We, the principal, and WESTERN SURETY COMPANY _ duly authorized to transact business under the Ina of the Ste Of California as Surety d frmly bound unto the City of Newport Beach, in the sum of �� Dollars (S 31, 695.00 ) lavAul money or the united States of America, said surn being equal to 16bk of the es @mated amount of the Contract, to be paid to the City of Newport Beach. its successors, aid assigns for which paymefit well and truly to be made, we bind ours&w. our heirs, ex=ftrs and administrators, successors, or assigns, jointly and severely, firmly by these present. THE COMMON OF THIS 013UGAIION IS SUCH, that If tie Principal, orthe Prindpals heirs, executors, administraM successors, or assigns, fall tO abide by, and well and truly keep and peiforri any or all the worts, covenants, conditlons, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept acrd performed at IV time and in the manner therein specified, and in all respects according to its We intact and rnsaning, or fairs to inderrrly, defend, and save harriless.the City of Newport Beach, its officers, employees and agents, as therein s5pu fated, then, Surety will fatthhAy Worm the same, in an amount not exceeding the sum spedW In this Bond; otherwise this obligation shall become nun and void. As a part of the obligation seasred hereby, and in addition to the face amotant Specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, inehrding reasonable attorneys fees„ inaured by the Crty, only in the event. the Cyty is required to bring an action in law or equkt r against Surety to enforce the obligations of ttus Berl. Surety, for value received, stipulates and• agrees that no change. edension of brie, alterations or additions to the term of the Contract or to the warkto be performed eaeunderorto the specifications accompanying the same shall in any vr4 affect its obligations on this Bond, and A does hereby waive notice of any such change, extension of trme, alterations or additions of the Contract or to the work or to the specificatiorm I This Fa'cthU Fwformance Bond 5h= be atd8nded and rrt2ia't161ned by the Principal in full force and affect forms (1) yeorfcftw ng the dWe of fom Ht a nce of to Ptbjed by ft In the event that the Pdndpd examrad this bond as an irxiMuat, it is agreed thatthe death of any such Prindpal shall not exanerate the Surety front its obligaWns underthis Band. IN VWNSW AHEREOF this inbtur�,tt has been duty awaited by the P,#m psi and Surety above named, on the 20th day of June 2005, POST ALARM SYSTEMS, INC. BY: % 1 — Cordractor Authorized S,g me WESTERN SURETY COMPANY B� , Name of Surafy Autho Agent Signs rm 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 B.AAAnytOM Address of Surety Print Name and T& (605).336 -0850 Telephone NOTARYAC KNOfAlt_EDGMENTS OFCOHTRACTORAND SURETY MUST SE ATTACHED O Tele. 19 0 STATE OF SOUTH DAKOTA County of Minnehaha SS On this 20th day of • ACKNOWLEDGMENT OF SURETY (Corporate Officer) 2005 , before me, a Notary Public in E. AM, A" Sec. and for said County, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my written. My commission expires �?,,'i, ?g Form 103 -12 -98 E _J names and affixed my o ial seal the day and year last above Notary Public G '� 0 A ALL- PURPOSE ACKNOWLEDGMENT State of C SS. County of Los Ewe \es On 1 i 200 5 ,before me, Date personally appeared UPS STORE V- Foothill Blvd. a, CA 91016-2171 26.357 -7606 .s SHANNON BRILL Comm. d 1361846 'A !n NOTARY PUBLIC- N CALIFORNIA Los Angeles County Mt Comm hpilts Junt 22.2066'' Place Notary Seal Above proved to me on the basis of satisfactory evidence to be the persori(44 whose name(le _ is /alte subscribed. to the within instrument and acknowledged to me that he /shoo ey executed the same in his /ha4t#eir . authorized capacity(+eer), and that by hislteir signature(q�on the instrument the person(¢) or the entity upon behalf of which the persori acted, executed the instrument. WITNESS my hand and official seal. ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C_ 0 1997 National Notary Association • 9350 De Soto Ave.. P.O. aoa 2402 • Chatsworth, CA 91313 -2402 Pied No. 5907 Reorder. Call TePF'ree 1 -800- 876.6827 E 11 0 0 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Arp of Sioux Falls State of _South Dakota , its regularly elected Assi sent as Attomey -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or Y, policaT mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and ry o 's.3�nda hIty'n all cases where indemnity may be lawfully given; and with full power and authority to execute consents and to' odifyro •G•h; C or extend any bond or document executed for this Company, and to compromise and settle any and all claims or 'mg�, •or zisgrr + gpinst said Company. 'am Surety- Q6rb0a1r further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety duly adopted a6crow in force, to -wit: �. y$ onI pal < policies, undertakings, Powers of Attorney, or other obligations of the corporetion shall be executed in the corpW e.nf• i pdipany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers'egatfi ,irect ors may authorize. The President, any Vice President, Secretary, any Assistant Secretary , or the Treasurer may appoin�`Aftdineys -in -Fact or agents who shall have authority to issue Fronds, policies, or undertakings in the name of the Company. The wMorate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate eal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President__ with the corporate seal affixed this 20th _ day of June 2005 ATTEST ff WEST N SURETX,,COMPANY Assistant Secretary Paul T. Bruflat, jrenior Vice President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA Iss On this 20th__ day of June 2005 -_ , before me, a Notary Public, personally appeared T. Bruflat _ and _ A. Vietor who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }444444444444444444444444} d D. KRELL p J d . EAS L NOTARY PUBLIC SEAL i SaSOUTH DAKOTA�r _ —per}4444444444444444444x444 ♦ -- My Commission Expires November 30, 2006 Notary Public Form 672-0 -2002 �a Capital Protects and ,Contracts Administration Contract Encumbrance Number. Project Title: Alarm System for the Balboa Yacht Basin CIP Budget Page # Vendor Name: Post Alarm Systems Vendor Address: 610 N. Santa Anita Ave. Arcadia, CA 91006 Project Manages. Tom Rossmiller Date: 5/27/2005 8:11 Available Balance Vendor Number. n/a Phone: Description of Services: Purchase and installation of alarm system at the Balboa Yacht Basin Additional Comments: Fund Division Pmject Number & Title Amount: Available Balance 2371 C2373171 BYB Security System $31,695.00 Total: $31,695.00 Fund S Project Manager Dept Authorization: Administrative Services Department Authorization: Date: 5/27/2005 8:11 Date: a.3 0 `J 0 i 0 POSt ALARM SYSTEMS A Tradition of Service Since 1956 610 North Santa Anita Avenue Arcadia, CA 91006 Consumer Affairs License AC01843 * State Contractor's License 670585 Thomas W. Tobin (626) 786 -0649 or (909) 376 -2779 (Nextel) UL- Listed Central Monitoring Station — Security and Fire Alarms • Computer -Based Card Access Control — Single or Multi -Site • Video Surveillance and Recording — Digital Recording — LAN, WAN, Internet Residential Alarm Systems • Panasonic Telephone Systems Prepared For: Re: Dear Lorrie: February 10, 2004 City of Newport Beach Lorne Arcese Revised June 7, 2005 (949) 673 -1761 Proposal — 3 pages total - Video Surveillance and Recording System (IP Ready) Thank you for the opportunity to present the enclosed proposal for video surveillance and digital recording. This proposal reflects the changes we have discussed over time, since the original proposal from February 10, 2004. It also includes the legal language that limits our liability, states that you understand that Post is not an insurer of your property or the. personal safety of persons on your premises, and the amount you are paying to Post is based only on the value of the system we are providing. Please let me know if you have any questions, comments, or to schedule the work. As with many projects, we will be happy to work with you to refine the design and purpose of the system to most closely meet your practical and budgetary requirements. Tom (626) 786 -0649 Thon= W. Tobin (626) 786-0649 1 aH 0 A 2 PROPOSAL 0 Schedule of E ui ment Color Krgh Resolution Wdeo SUNelllance and Recording I. Video Surveillance and Recording System (Digital Recording, IP Ready) Digital Recorder and Video Multiplexer - 600 GB Hard Disk Drive Capacity (approximately 1 month recorded) -16- Camera Ports Available - IP -Ready for Networking - Instant Search - Save images to your own PC, Zip Drive, CD, etc. - CD Writer built In UPS for Recorder 19 -Inch High Resolution Professional Monitor (800 lines of resolution) Camera Power Supply Infrared Illuminators and Power Supplies 5 — Located at camera locations, illuminating docks 1 — Looted at restaurant by camera, wide angle Exterior Cameras — High Resolution, Low Light, Color (monochrome at night) 5mm — 40mm Varifocal, Auto Iris Lenses Roof or wall mounts as needed 5 — Observing Dock Area (100 -Feet to 500 -feet from camera) from main row of buildings. Cabling run to main office by Post. I — Observing Main Entrance from Restaurant — no underground conduit — wide angle Purchase Price with equipment, installation and 1 -year warranty: $31,695 + The following terns and conditions are part of this proposal, and will become part of the contract between the City of Newport Beach and Post Alarm Systems: Post is not an Insurer: Liquidated damages; limitation of liability; client understands that; (a) Post is not an insurer of clients property or the personal safety of persons in clients home or business; (b) it is the clients responsibility to provide any insurance on clients premises and its contents and any life, disability or health insurance for persons using or living in clients premises; (c) the amount client pays to Post is based only on the value of the system and service post provides; (d) alarm systems and the services Post may provide may not always operate properly for various reasons; (e) it is difficutt to determine in advance the value of client's property that might be lost, stolen or destroyed if the system or service fail to operate property; (f) it is difficult to determine, in advance, how fast the Police or Fire Department or others would respond to a request for help; (g) it is difficult to determine, in advance, what portion, if any, of any personal • injury or death would be proximately caused by Post's failure to perform, Post's negligence, or a failure of the system. �5 Thomas W. Tobin (626) 786-0649 0 3 Therefore client agrees: Even if a court decides that Posts breach of this agreement, a failure of the system, Posts negligence, or a failure of the services to be provided by Post caused or allowed any harm or damage (whether property damage, personal injury or death) to client or anyone in clients home, client agrees that Post's shall be limited to the lesser of $250.00, as liquidated damages and not as penalty. And this shall be client's only remedy regardless of what legal theory (including without limitation, breach of contract, negligence, products liability or breach of warranty) Is used to determine that post was liable for the injury or loss. Client may obtain a limitation of liability. If client wished, client may obtain a limitation of liability instead of the liquidated damages for an additional periodic fee. If customer elects this option, Post will attach a rider to this agreement which will set forth the amount of the limitation of liability and the amount of the additional charge agreeing to the limitation of liability does not mean that Post is an insurer of client, clients property, or third parties or their property. THIRD PARTY ACKNOWLEDGEMENT: There are no third party beneficiaries to this contract. Thomas W. Tobin END of PROPOSAL G (626) 786 -0649 • CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 THIS AGREEMENT, entered into this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City,° and Post Alarm Systems, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited forbids for the following described public work- MASTER INFORMAL CONTRACT Informal Contract No. 0002 Project Description WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit Faithful Performance Bond, Labor and Materials Payment. Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for informal Contract No. 0002, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents_ B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -one thousand, six hundred and ninety -five dollars ($31,695.00) This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, ft /// • 0 0 (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lome Arcese (949) 6443034 (949) 723-0589 Fax CONTRACTOR Post Alarm Systems 610 No. Santa Anita Ave. Arcadia, Ca 91006 Attn: Thomas Tobin (626) 786 -0649 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and i will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall fumish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractors bid. 1. Minimum Scone of Insurance 0 9 Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no _%V 9 0 P • 0 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award,' so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Worts for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damages that may happen to the Work or any part thereof; 2n I'r A J� special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. All Coverages c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award,' so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Worts for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damages that may happen to the Work or any part thereof; 2n I'r A J� • 0 for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it 2. 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 Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terns of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municip rporatio By_ Warbor Tom Rossmi er, Resources Manager �� 0 0 0 APPROVED AS TO FORM: CITY ATTORNEY 0 CON7 G' gy. v4 -� /- _ Authorized Signature and Title J, pa CITY OF NEWPORT BEACH HARBOR RESOURCES DIVISION INFORMAL CONTRACT No. 0002 BOND NO. 69927919 LABOR AND MUM= PAYMEi+IT WND WHEREAS, the City Counell of the t flv of Newport Beach State of CaDomb, by motion adopted, has awarded to Post Alarm Systems. Inc. hereinafter designated as the "Principal," a contract for construction of lnfori tai Contract No. 0002 in fie City of Newport Beach, in strict conformdy with the plans, drawings, specficstlons and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are ir. arpo;zated herein by this reference, WHEREAS, Principal has executed or is about to execute Informal Contract Me. 0002 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shah 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 hereba4Eer set forth; NOW, THEREPORE, We the undersigned Principal, and, W&STERN SURF-Ty COMPANY duly authorized to transact business under the laws of the State of CalftKa, as Surety (referred to herein as `Surety'! arse held firmiy bound unto the City of Newport Beach, in the sum ofd' C Dollars {$ 31,695.00 1 lawful monoy of the United States of America, said sumFm� being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind, ourselves, our heirs, executors and administrators, successors, orassigns, jointly and severely, firmly by these present. THE CONDMON OF THIS OBLIGATION iS SUCH, that If the Principal or the Pdndpars subcontractors, fait to pay for ary materials, provisions, or othersupprre� implements orrrrachinery used In, upon, fsx, or about the performance of the work contacted to be done, or for any odmer work or tabor thereon of any bind, or for amounts due under the Ugempioymani Insura= Code with respect to such work or labor, or for any amounts required to be deducted, wfteld and paid over to the Snpioyment Development Department from time wages of employees of time Principal and subcontractors pursuant to Sermon 13020p.1 the. un m^- ;oyment lnmzanca Code with respect to such work and labor, then the Surety will pay forthe same, ban amount not exceeding Ste sum specified in this Bond and also, in case suit is btought to enforce the obligations of this Bond, a reasonable aftomey's fee, to be fixed by the Court as required by the prov situms of Secidon 3250 of the Civil Code of the State of Cafrfornh The Bond shah inure to the benefit of any and an parsons, companies, and corporations endded to file claims undw Sec5on 3181 of the California Civil Code so as to give a right of acson to them or their assigns in any suit brought upon this Bond,-as required by and in accorda= with the provisions of Sections 3247 et seq. of the Ciofl Code of the Stale of Ca fomia And Surety, for value received, hereby sttptilatas and agrees that no change, extension of fire, alterations or additions to the terms of the Contact or to the work to be pertomred thereunder or the spedfications accompanying the same shah in any wise affect its obligations on this Bond, 33 9 0 0 and it does hemby waive notice of any such change, e-4ension of time, attentions or additions to the term of ti m Conb-ad orto the vnxic carto tie sped&nkns In thA event that any principal above named exgarEed fhis Bond as an ku9vfdtmL it is agreed that the death of any such principal shall not exonerate the Surely from its obtlgations under this Bond. IN WITNESS WHEREOF, this instrument has bven duly exrsuted by the above l Principal and Surety, on the 20th day of June . 22000,5, POST ALARM SYSTEMS, Inc. BY: Contractor Authorized SfgnaturaT&e WESTERN SURETY COMPANNIY BY: Name of Surety Authorized Agent VgnaW 101 S. Phillips Ave. Sioux Falls, SD 57104 -6703 AM,A8S'f Sec. Addrass of Surety Print Name and Title ( 605) 336 -0850 Tetepto NOTARY ACKNOWLEDGMENTS OF CONTRACTORAND SURETY MUST BE ATTACHED C THE Up. 174 W. Fo. Monrovia, CA Tele. No. 621 3u ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) County of Minnehaha SS On this 20th day of June 2005 , before me, a Notary Public in and for said County, personally appeared 8� �' A"I ger� personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o cial seal the day and year last above written. My commission expires ' GAU)N_E + y C0.M —,j i n Tres 22 G7 Fll: L' r Notary Public Fq 103 -12-98 35 E ALL-PURPOSE ACKNOWLEDGMENT State of Lon. } County of. FMS knS ss. p�2S } On ':', i�11 Q&eforeme, a `� t��dror. �._k.l e tool � Name nnC Tifk of Oficer 1 .,'Jane Ooe, Notary lick personally appeared STIDRE hill sivd. )1016 -2171 357 -7606 SHANNON BRILL Comm. A 1361846 NOTARY PUBLIC CALIFORNIA N Los Angeles County Y qPAY Comm . £rpirec June 22.2006 � Place Notary Seal Above e proved to me on the basis of satisfactory evidence to be the person(,4 whose names) is /p#e subscribed. to the within instrument and acknowledged, to me that he /slai hey executed the same in his/hesAFleir . authorized capacity {e *, and that by his/fi�ir signature(sc) on the instrument the person*, or the entity upon behalf of which the personoi� acted, executed the instrument. - WITNESS my hand a d official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another docuriwnt Description of Attached Document Title or Type of Document: Document Date: of Pages' __Signer(4..O. ther _1han. Named Above: ------ - - - - -- — - -- Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 NatbmJ Notary Assoeiation - 9350 Ce Soto Ave., P.O. Sax 2402 • ChatswoM, CA 91313.2402 Prod. No. 5907 Reorder. Call ToIFPrae 1.800.876 -6827 • 0 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas. Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint E. Arlo of SiOUX Fa11s , State of south Dakota -,its regularly elected magi stanY 4esr tart' as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, policiyes n0amnirying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and fidelity b6A s�iwo'eb ndy3 n all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waive`rs:toodify of. ctr;pore xtend any bond or document executed for this Company, and to compromise and settle any and all claims or de :1 said Company. em Surety- C6m(M9 further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety duly adopted arid'h* in force, to-wit: r Se, ctio43 n 4Z 5)1 pjtls��olides, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corpay� 91 e.of'tthe� pang by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officer�`das,�fi W ar g birectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoiniVAlfomeys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate sea! may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY he senior Vice President with the corporate seal affixed this 2005 WEST N SURET OMPANY By Paul T. Brufiat, fenior Vice President caused these presents to be executed by its 20th day of June ATTEST _L Assistant Secretary STATE OF SOUTH DAKOTA 1 l as COUNTY OF MINNEHANA ) On this 20th day of June 2005 before me, a Notary Public, personally appeared Paul T. Brullat and A. Vietor who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +444444444444444444h44h44{ d D. KRELL s X 5^EnL NOTARY PUBLIC SEAL i iSSOUTH DAKOTA �s s �44444444444444444h44444 4 Notary Public My Commission Expires November 30, 2006 Form 672-6 -2002 • 0 11 1 i i MY OF NEWPORT BEACH HAR130R RESOURCES DIVISION INFORMAL CONTRACT No. 0002 BOND NO. 69927919 FAITHFUL PERFORMANCE BOND The premium Charges on this Bond is $ 951.00 being at the rate of S per thousand of the Contract price. VVHMMEE S, the MY Council of the City of Newport Seach, Staba of California, by Motion adopted, awarded to Post Alarm Systems, hereinafter designated as the °Pdncipar, a contract for construction of Informal Contract No. 0002 in the City, of Newport Beach, in strict conrornl3ywith the plans, drawings, specfcations, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of whirlh are incorporated herein by fftis reference. WHEREAS, Prindpal has exso&d or is about to exedrte Informal Contract No. 0002 and the temss thereof require the fumishing of a Bond forthe falthful performance of the Contract; NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY duty authorized to transact business under the I-M of the Slate of California as Surety TM gyre Barg �rd firmly bound unto the City Hof Newport Beach, in the sum of pt, ,� a m 2 Dohm (S_ 31, 695.00 lawisat money of the United States cf Amefica, said sum b6hq equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment welt and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, cr assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, orthe Pfindpai's heirs, executors, adtninisl a successors,.or assigns, fag to abide by, and well and truly keep and perform any or an the work, covenants, conditions, and agreements in the Contract Documents- 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 rnear.ng, or farts to indem�-,ity, defend, and save hamiiess.the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will falthfutty perform the same, in an amount not e)=ed1ng the sum cpedfted in this Bond; otherwise fhis ohggadon shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount spedired in this Performance Bond, there shat be included costs and reasonable axpenses and fees, inducing reasonable attorneys f er, incurred by the City, only in the event the City is required to bring an 2cftl in law or equity ag2lhst Surely to enforce the obfigallons of Nos Bond Surety, for value received, stipulates and. 2arees that no dtange, edension of time, alterations or 2ddiit;ons to Ste terror of the Contract or to the work to be performed #;arermder or to the specifications accompanying the same shag in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, etdension of time, alterations or adcrftris of the Contract or to the work or tD the specirkatioris. • This Faithful Perfarrrante R. ^. ^.d Shag be eAended and rnwb fined by the Principal in M force and effect for are (1) yearfoitcwing the date of fwtw accepjar= of to Pmjed by the Cfty . to the event that ft Pfindpat executed this bond as an kKUdEW, it is agreed that the death of any such Prinapa(sW not exonerate the Surety front its obl(gdcns underthts Bond. IN WITNESS UUIiEREOF, this lnstrurttw' has been duty executed by the noipai and $uety above named, On the 20th day of June . 2005. POST ALARM SYSTEMS, INC. Contmetor WESTERN SURETY COMPANY Name of Sumt, 101 S. Phillips Ave. Sioux Falls SD 57104 -6703 Address of Swety (605) 336 -0850 Teiephane BY: !� B. Alp, AWt &M Print Name and Tale NOTARYACKNOMEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED 0 .0 Monro, Tele. 0 L STATE OF SOUTH DAKOTA County of Minnehaha SS ACKNOWLEDGMENT OF SURETY (Corporate Officer) On this 20th day of June 2005 , before me, a Notary Public in An't i and for said County, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my o ml seal the day and year last above vnitten. My commission expires Notary Public Farm 10.3 -12 -98 0 0 L-, o .r • ALL - PURPOSE ACKNOWLEDGMENT State of } ss. County of Los, 2. i� �\QS On 2co S , before me, ��r �anROr. i5r���r ��te r'A ��.1���c Date WWI Name and Tile of OKwr (e.g., Jane Dae, Notary P 7 personally appeared W�����c� � �S� UPS STORE V. Foothill Blvd. >, CA 91018 -2171 026.357 -7606 y SHANNON BRILL Comm. A 1361846 rA V! NOTARY PUBLIC - CALIFORNIA N Los Angeles County My Comm. Expires June 22, 2006 `s Place Nalary Seat Alaw. ' Name(s) W signar(s) Lk-proved to me on the basis of satisfactory evidence to be the person (44 whose name(B)-is /aiee subscribed. to the within instrument and acknowledged to me that helskeAl* -_y executed the same in hisll �if . authorized capacity(a ), and , that by his /heir signature(sO,on the instrument the person(4 or the entity upon behalf of which the person(, acted, executed the instrument. WITNESS my hand and official seal. signature o1 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer — Trtle(s): • Partner -❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: 0 L ®1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - ChaLsw dh. CA 91313 -2402 Prod. No. 5907 Reorder. Cali 7oN -Erne, 1.800- 876.6527 I� 0 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint B. Arp of Sioux Falls State of South Dakota its regularly elected Anai Brant Secretary as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, poligcie?jW?mnifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and Fidelity b0"ndsc,;lndernArity �in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waiveisSOnoddytor'.yh3s}gg or extend any bond or document executed for this Company, and to compromise and settle any and all claims or denim mAde -VEPe i5b�ngiApinst said Company. Surety 06mIiany further certifies that the following is a true and exact copy of Section 7 of the by -laws of Western Surety adopted andrjw in force, to -wit: %1 �' ton 1 %1 o- bc, , c .rolicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corpbe3�- `?e.o�f• . pony by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officer's�ra3d{,fird' oat r`niEirectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoinlrAtfoyn�2ys -in -Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 20th day of June , 2005 ATTEST WEST N SURET OMPANY r.Gl 5.11 By Assistant Secretary Paul T. Bruflat, Anlor Vice President STATE OF SOUTH DAKOTA as COUNTY OF MINNEHAHA On this 20th day of June 2005 before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }4h4b44h444hhh4hhb4h4h4h4} s D. KRELL s X SF�L NOTARY PUBLIC EAS s a �� X i SOUTH DAKOTA�B „(I i A }4h44b4444h444444hbhh444 } '�/1�/ y Notary Public My Commission Expires November 30, 2006 Form 072-4 -2002 + '�