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 + '�