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HomeMy WebLinkAboutC-3892 - Mobile Command Post911 VEHICLE 2130 E. WINSTON RD. ANAHEIM, CA 92806 GV W YCii 17 \► \i.Z\ N i d:b` 'T as K SOND Exc GEG Asnu Erv'.1Vxnt^�< ;ae Aa:urvc�r Z"Oom"i T" Orhma ,Suits !60 MWW*n VWJC6 CA 826VI Mefm 1-lrte;, (9499) 4CA -7000 Toll Free: ("M 764 -7233 Face (969)487 -7723 INVOICE BOND # 70173446 INVOICE # EFFECTIVE DATE October 6,2006 EST.COMPLETION DATE October 6,2007 PRINCIPAL 911 VEHICLE OBLIGEE CITY OF NEWPORT BEACH FIRE DEPT. CARRIER WESTERN SURETY COMPANY BOND DESCRIPTION AIA - A312 - P &P BOND SAA CODE JOB STATE PROJECT DESCRIPTION INSTALL ELECTRICAL UPGRADES TO FIRE BC UNIT CONTRACT AMOUNT $54,018.00 PREMIUM DUE $1,621.00 FEE DESCRIPTION FEE +FEE AMT. $200.00 PAYMENT DESCRIPTION October 10, 20061 CREDIT - PAY AMT. $1,821.00 Net Due $0.00 PLEASE REFERENCE BOND AND /OR INVOICE NUMBER ON CHECK Final Premium will be adjusted based upon the final contract price. INVOICE DATED: October 6,2006 PLEASE MAKE CHECK PAYABLE TO THE BOND EXCHANGE THANK YOU FOR YOUR BUSINESS 0 0 CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE BONE) NO. 70173448 FOUL PERFORMANCE BOND The premium chi as on this Bond tis $ 1,021'°° being at the rrlte op $ �� thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the `Principal," a contract for the installation of 911 vehicle equipment for a mobile command post in strict conformity with the Contract on fries with the office of the Fire Department of the City of Newport Reacti, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; Westem Surety Company NOW, THEREFORE, we, the Principal, and ,duty authorized to transact buSlness under Via Lam of the State of California as Surety rhereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum d_ Filly Four Thousand, Eighteen and 01100 lawful money of the United States of America, said sum being equal to 100% of the estlmatad amount of the Contract, to be paid to the City of Newport Beach, as successors, and assigns; for which payment wen and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Prfncipai's heirs, executors, administrators, successors, or assigns, fail to abide by, and wen and truly keep and perform any or all the worts, 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 meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety wllf faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void, As a part of the obligation secured hereby, aril in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, Stipulates and agrees that no change, extension of time, afterations or additions to fire terms of the Contract or to the work to be performed thereunder shall In any way affect its obligations on this Boni, and it does hereby walve notice of any such change, extension of time, elteratlons or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal sha11 not exonerate the Surety from its obligations under this Bond_ IN WITNESS WHEREOF, this instrument has been duly executed by the Pl*clpal and Surety above named, on the 8th day of Detob a 2006_,---� 911 Vehicle �--' Name of Contractor (Principal) Authorize Western Surety Company lei Name of Surety Auttlortzed an Ig 24600 Chrlsanta Dr. Suite 160, Mission Viejo, CA 92691 Yung T. M i , Attorney -In -Fact Address of Surety POM/7 Print/7 and We (949) 481-7000 . Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY' MUST BE ATTACHED CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE BOND NO. 70173448 LMORAND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of.Caiifornia, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the 'Principal," a contract for the Installation of 911 vehicle equipment for a mobile command post, in strict conformity with the Contract on file with the office of the Fire Department of the City of Newport Beach, Which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors. shall fall 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 done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: Western Surety company NOW, THEREFORE, We the undersigned Principal, and duty authorized to transact business under the laws of the State of Caliifomis, ae Surety, (referred to herein as "Surety°) are held finely bound unto the City of Newport Beach, in the sum of Fifty Four Thousand, Eighteen Dollars and 01100 lawful money of the United States of America, said sum 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, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies. Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemploymbrit 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 and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code With respect to such work and tabor, then the Surety will pay far the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in arty suit brought upon this $ond, as required by and in accordance with the provisions of Seollons 3247 et. seq. of the Civil Code of the State of Cardomia. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terns of fie Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terns of the Contract or to the work or to the specifications. 0 0 In ttva event that any princjpat above named executed this Bond as an individual, It Is agreed that the death of any such principal shall not eaonerete the Surety from its dbligetlons under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal end Surety, on the 6th daY ofoctoher , 2006. 911 Vehicle Name of Contractor (Principal) Western Surety Company Name of Surety 24800 Chrisante Dr. Suite 160, Mission Viejo, Ca. 92691 Address of Surety (949) 461 -7000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Moe By These Presanm, That VI MTERN SURETY COMFANY, a South Dakota corporation. is a duly organized and existing corporation having its principal Ware in the City of Simuc Faits, and state of South Daltdra, and that it does by virtue of the signanu t and real herein offixed hereby make, weusdtum and appoint James W Mollanen, Yung T Mullick, Jennifer Glboney, Individually of t.agm a Hills, CA, its true smi lawful Atmmeyla }in -Face with Poll power and authority hereby conferred m sign, seal and execute for and on its behalf bonds, Undertakings and other obligaWry instruments of Similar nature, - In Unlimited Amounts - aad m bind it thereby es tirtly and to the same exteat es if suet inamunme, was signed by a duly authorised offico* of the eotlporatlon srd all the acts of mid Attorney, Pins term to the authority hereby given, sm hereby ratified and confirmed- This Power of Atromay is made and executed pureumrtto and by authority of the %,Law pruned no the reverse hen d . dub adopted, as indicated by the shareboldera of the corporation an Witom Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Screw Vice President and its corporate seal an be bmroto affixed on this 22nd day of March. 1005. C) WESTERN SURETY COMPANY Poul . Brufiar. Senior Vice President Stem of south Dakota a County of Minnebefia On this 22nd day of March, 2065, before me personally come Paul T. Wallet, to me krwwe, who, being by> duly swore, did depoae and saY* . than he resides In the City of Sioux Palls, State of South Dakota; that he is the Senior Vice Preaideot of WESTERN SURETY COMPANY desaibed in and which executed the above instrument; that he knows the seal of said corporation; dust the rest affixed to the said insnumad is such eorpnrane seal; that it was an affixed pursuant to mosa ty given by the Board of Directors of said corporation and that he signed his name therein pursuant to like authority, and acknowledges same to be the art and deed of said armoratioa My cameraman expires ihY \.A44MAA444Y,4Yr. "%I . ± D.KRELL ; November 347006 jam" PUEM�� 60VM WKflfA�yJ�; / ��4YMSS�M4MM\bM4�M P D. Kroll, Notary Public CERTMCATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby ratify that the Power of Attorney 31111eimbow set forth is still in force, and furtber certify that the BY-Law of the corporation printed on the teyerse bare tf is still in Toros. to testitrrony whereof 1 have hereunto mbsonibed my name and affixed Ou red ofthe mid corporation No stn gay of October 2005 WESTERN SURETY COMPANY a* 0 L, Nelson, ASSislant secretary Fo.F4260-0142 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On LOA f 6- before me, JENNIFER K. SMITH, Notary Public NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. K, (SEAL) NO Y PUBLIC MGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT �gE6��Y� JENNIFER K. SMITH,' N �• COMM.01479028 ® u NOTARY PUBLIGCAUFORNUI N • ' ORANGE COUNTY N My Canm E><M" IAAR 26, 2008 • • CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE BONE) NO. 70173446 FAITHFUL PERFORMANCE BOND The premium shames on this Bond is $ 1'611'00 , bung at the rate of $ thousand of the Contract price_ WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the "Principal," a contract for the installation of 911 vehicle equipment for a mobile command post in strict conformity With the Contract on file with the office of the Fire Department of the City of Newport Beach, which is incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furfrishing of a Bond for the faithful performance of the Contract; Western Surety Company NOW, THEREFORE, We, the Principal, and duly authorsed m transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Fifty Four Thousand, Eighteen and 0/100 lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, no successors, and assigns; for which payment well and truly to be made, we bind ourselves. our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's haws, executors, administrators, successors, or assigns, fall to abide by, and Well and truly keep and perform any or off the worts, 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 meaning, or falls to indemnify, defend, and save harmless the Gty of Newport Beach, Its officers, employees and agenfs, as therein stipulated, then, Surety Will faflhfully perform the Santa, in an amount not exceeding the sum Specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Perfomtanoe Bond, there stall be included costs and reasonable expenses and fees, including , reasonable attomsys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Band. Surety, for value received, stipulates and agrees that no change, eudensfon of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. aIn the event that the ny such Principal hall not axone ate the Surety from its obligations t under this Bondi. �B death of IN WITNESS WNFREOF, this instument has been duly executed by the PrinC and Surety above named, on the 6th day of jjWw , 200 911 Vehicle Name of Contractor (Prindpal) Western Surety Company Name of Surety 24900 Chrisanta Or. Suite 160, Mission Viejo, CA. 92991 Yung T. Mu Attomey -In -Fact Address of Surety Print N e and Title (949) 461 -7000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) On ' (A <_Q 10(p before me, JENNIFER K. SMITH, Notary Public NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L_15'w'r K, (SEAL) N _r PUBLIC IGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT JENNIFER K. SMITH COMM. # 1479028 N NOTAWPUBLIC•GWFMNIA N ORANGE COUNTY N My (:0MM- ErOree MAP 26, 2006 • 0 CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE BOND NO, 701734" LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of.Callfomia, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the "Principal," a contract for the installation of 911 vehicle equipment for a mobile command post, in strict conformity with the Contract on file with the office of the Fire Department of the City of Newport Beach, which iE tnoorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furrilshing of a bond, providing that if Principal or any of Principals subcontractors, stall 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 Wit pay the same to the extent heralnatter set forth- NOW, THEREFORE, We the undersigned Principal, and Western Surety company duly , authorized to transact business under the laws of the State of &Komie, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, In the sum of Fifty Four Thousand, Eighteen Dollars and 01100 lawful money of the United States of America, said sum 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, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the Principal or the Principals subcontractors, fail to pay for any materials, Provisions, or other supphas, implements or machinery used in, upon, for, or about the performance of the wont oentracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employmem Development Department from the wages of employees of the Princlpal and subcontractors pursuard to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surely vulli pay for the same, in tan amount not exceeding the sum Specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the CMI Code of the State of Carrfornle. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fle claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Cavil Code of the Shute of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shell in any wise affect its obligations on this Bond, and it does hereby waive nodes; of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. the In the eatheof any such uch priridpal shall not exonerate the Surety from its 6b lgationsl under this Flondt named Lxecuted this Eloncl as an RS WITNESS WHEREOF, this instrument has been duly executed by the above named Prncipal and Surely, on the 6th day afQ - oh r , 2006. 911 Vehicle Name of Contractor {prindpal) Western Surety Company Name of Surety 24300 Chrisanta Dr. Suite too, Mission Viejo, Ca. 92691 Address of Surety (949) 461 -7000 Telephone NOTARY ACXNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED a a CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE On 1p/01!0 before me, JENNIFER K. SMITH, Notary Public NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT N R K. SMTH 0 1479028 BU C•CALIFORNIA N E COUN N PIM MAR Z8, 3008 0 0 Western Surety Company POWER OF ATTORNEY APPOINTING RMWMUAL ATTORNEY -IN -FACT Know All Men liy Time Presents, That WESTERN SURETY COMPANY, s South Dakota corporation, is a duly orgeniaed and existing torporatoo having its ptinei eal office in the City of Sioux Felt -, and Smte of South Dakota, sod that It does by virtue of the signature, and seal herein affixed hereby make, consti nta and appoint James W Moilanen, Yung T Mullick, Jennifer Giboney, Individually of Laguna Hille, CA, its etbe and lawful Anomey(s }in -Fan with full power and atdhorhy hereby conferred to sign, seal W execues for and on its behalf bonds, undertakings and other Obligatory Instrutimns of similar uabve - In Unlimited Amounts - and to bind it thereby as fully and m the same extern as if web instmmenb were signed by a duly authorised oft ofthe corporation and all the sets of mid Attorney, Pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made nod exemnad poreourtta and by authority of the By -Law printed on the reverse bereot duly adopted, as indicated, by the shareholders of the mrporativn. In Wifeless WhemL WESTERN SURETY COMPANY bas caused these preseats to be signed by its Sctdor Vice President and its corporate seal to be hereto affixed on this 22nd day of Match, 2005. �pr� WESTERN SURETY�y COMPANY 0 &,.ifs' 'Fi _._ �J�._... Peal !. Bernet, Senior Vim Preaident State of South Dakota SS County ofMinneheha On this 22nd day of Moab, 2005, before me personally come Paul T. aruflat, w ter. known, who, being by ma duly sworn, did depose and my. that he mides in the Cory of Sioux Fells, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which examoad the show iunwreant; that he knows the seal of said corporation; that the seal affixed m the said instrument is such corporate seal; that it was w tdTrxed Pursuant to authority given by the Board of Directors of said corporation and that he sigtid his name theft pursuant to like authority, and acknowledges same to "a act and deed of said corporation. My eommtmion expires ±vu4M44NMShM4M5F4Y qY+ . a 0.KRELL + November 30, 7006 41OtxogaY PU8NC1:^v! 80UTx 6A}CO7A + 41 \YM*r4ti�4t,MMhBY11YN �� D. F44L Notary Public CER7MC.ATB L L. Nelson, Aasima $cwel ry of WESTERN SURETY COMPANY do hmby certify that the Power of Atturney heoelnabove set forth is still in farce, and fiuther certify that the By-Law of the corporation Primed on the reverse hereof is soil in force. In testimony whereof i have hereunto subscribed my atone and affixed the seal of the said corporation this 6th day of October 2005 WESTERN SURETY COMPANY L. Ndwn, Ju;*tanr Secir ry Fare F42a0-01-02 E 0 C-3` qq , CONTRACT WITH 911 VEHICLE FOR PURCHASE AND INSTALLATION OF 911 VEHICLE EQUIPMENT FOR MOBILE COMMAND POST- THIS CONTRACT is made and entered into as of this _ day of , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and 911 VEHICLE, whose principal place of business is 2130 East Winston Road, Anaheim, California, 92806 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to purchase and install equipment for a mobile command post. C. City desires to engage Contractor to install and test all equipment. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall install all electrical, lighting, sirens, radios, computers and associated equipment as set forth in the proposal dated April 10, 2006, attached as Exhibit A and incorporated into this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 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 necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Contract by City and assessment of damages as outlined in Section 2.1. 0 Contractor shall complete all work no later than 150 days after receipt of command box and approval of same by City. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Contract on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of TW,9 undred Si€ky-Dollars and 001100 for each calendar day beyoTd the date scheduled for completi ed above in this Agreement. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred 5445s Dollars and 001100 ($2460.00) per calendar day is the minimu%%Iue of the costs and actual damage a sed by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty Four Thousand Eighteen Dollars and 04/100 ($54,018.04). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. 4. ADMINISTRATION This Contract will be administered by the Fire Department. Ralph Restadius shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials in performing Contract Services. Any deviation from the materials shall not be installed unless approved in advance by the City Administrator. 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the 2 performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 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. 6.3 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 damage, 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 performing this Project; including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractor's subconcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 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. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 3 Q 0 0 COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Contract. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. W iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total 5 0 0 amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty, The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. PREVAILING WAGES. Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts.found to have been improperly withheld. U. 0 14. CONFLICTS OF INTEREST 11 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 15. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Terry Ulaszewski Fire Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Phone: 949 -644 -3352 Fax: 949 -644 -3120 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at: Attention: Dave Nielsen 911 Vehicle 2130 E. Winston Road Anaheim, CA, 92806 Phone: 714 -808 -0911 Fax: 714 -808 -0916 16. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days II 0 0 prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 17. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 18. WAIVER A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 20. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 22. AMENDMENTS This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract 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 taken into consideration these factors in submitting its Project Proposal and Scope of Work. Q 0 9 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. Rt.�,1 _1:7:7-11Z 11Q 25.1 Contractor agrees that the 911 vehicle equipment installed pursuant to this Contract shall be covered by a 1 year labor warranty and manufacturer's warranty on parts. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. TO FORM: CITY OF NEWPORT B , A Municipal S rp rat' By: Don Webb Assistant City Attorney for the City of Newport Beach ATTEST: Bcyd��Inx)� LaVonne Harkless, City Clerk Mayor for the City of Newport Beach 911 VEHICLE: By. Name: / yy��" Title: Js p l %a_:S tAl"40 qE 911 VEHICLE: By: Name: Title: Attachments: Exhibit A — Scope of Work Exhibit B — Labor and Materials Payment Bond Exhibit C — Faithful Performance Bond Flusers\catlshared64gW11 vehide.doc N vehic% nomw 2130 E. WINSTON ROAD, ANAHEIM, CA. 92806 Your Single source rrovicer tor emergency veriwe sounions DOTE SHEET # to: Ralph Restadius From: Dave Nielsen Company: Newport Beach Fire Date: April SO, 2006 Fax # 949 - 644 -3367 Phone n 949 -644 -3363 Regarding: Fire B.C. Unit Number of Pages sent including cover sheet PARTS LABOR EXTENSION Qty Breakdown with labor: EACH EXT HRS TOTAL TOTAL Base Electrical_ Conversion 1 Engineering and Product Layout $ - $ - 4.0 $ 340.00 $ 340.00 1 Dual Battery system w/ (2) 1200 amp batteries $ 480.00 $ 480.00 4.0 $ 340.00 $ 820.00 1 200 Amp Alternator $ 525.00 $ 525.00 1.0 $ 85.00 $ 610.00 1 Dual Battery Isolation System $ 60.00 $ 60.00 2.0 $ 170.00 $ 230.00 1 Fast Idle Actuator System $ 270.00 $ 270.00 3.0 $ 255.00 $ 525.00 1 911 Vehicle Power House Manager $ 925.00 $ 925.00 5.0 $ 425.00 $ 1,350.00 1 Main DC Power/ Ground Electrical Buss System $ 300.00 $ 300.00 10.0 $ 850.00 $ 1,150.00 1 911 Vehicle Spec. Multiplex Sys. $ 3,650.00 $ 3,650.00 15.0 $ 1,275.00 $ 4,925.00 Emergency Liahting and Siren Package 1 Unitrol TM4 -1 Siren 6 Lighting Controller $ 595.00 $ 595.00 8.0 $ 680.00 $ 1,275.00 2 Speakers Behind Grill $ 195.00 $ 390.00 4.0 $ 340.00 $ 730.00 2 Front Fender LED Surface Mount $ 289.00 $ 578.00 6.0 $ 510.00 $ 1,088.00 1 LED Light Bar $ 3,898.00 $ 3,898.00 7.0 $ 595.00 $ 4,493.00 4 Hide -a -way Strobe tubes mounted in factory lights $ 35.00 $ 140.00 4.0 $ 340.00 $ 480.00 1 Strobe Power Supply $ 495.00 $ 495.00 5.0 $ 425.00 $ 920.00 2 LED Hatch Door Flush Mount R/A $ 95.00 $ 190.00 5.0 $ 425.00 $ 615.DO 1 SLX20 Flashlight W /DC Charger $ 165.00 $ 165.00 1.0 $ 85.00 $ 250.00 1 Headlight Flasher $ 85.00 $ 85.00 2.5 $ 212.50 $ 297.50 1 Back -up Alarm w/ Override Switch $ 70.00 $ 70.00 3.0 $ 255.00 $ 325.00 1 Auto shut off battery saver. $ 80.00 $ 80.00 1.0 $ 85.00 $ 165.00 1 Opticom $ 1,983.75 $ 1,983.75 0.0 $ - $ 1,983.75 Radios and Computers 1 800 MHZ Radio C/5 $ - $ - 12.0 $ 1,020.00 $ 1,020.00 1 911 Vehicle Overhead Console $ 825.00 $ 825.00 5.0 $ 425.00 $ 1,250.00 3 HT Radio Charger single unit mounted on module $ 255.00 $ 765.00 4.0 $ 340.00 $ 1,105.00 1 911 vehicle Custom Metal Command Box $ 9,997.77 $ 9,997.77 6.0 $ 510.00 $ 10,507.77 1 Maxrad NMO roof mount ant. Coax $ 135.00 $ 135.00 2.0 $ 170.00 $ 305.00 10 Roof Mount Ant. $ 75.00 $ 750.00 6.0 $ 510.00 $ 1,260.00 1 Metal Center Console Other Equipment $ 985.00 $ 985.00 1.5 $ 127.50 $ 1,112.50 1 Misc. Parts and Materials $ 2,223.50 $ 2,223.50 0.0 $ - $ 2,223.50 1 Full Rear Seat Area Custom Enclosure $ 888.00 $ 888.00 6.0 $ 510.00 $ 1,398.00 3 Aircraft Overhead Lights $ 85.00 $ 255.00 5.0 $ 425.00 $ 680.00 1 Prosine 2000 Watt 100 Amp. invert. /Charger $ 1,995.00 $ 1,995.00 6.0 $ 510.00 $ 2,505.00 1 Interior Command Lighting Sys. $ 495.00 $ 495.00 5.0 $ 425.00 $ 920.00 1 Fax/Sran/Prtnter $ 499.50 $ 499.50 3.0 $ 255.00 $ 754.50 1 Magelien 760 GPS $ 1,397.77 $ 1,397.77 1.0 $ 85.00 $ 1,482.77 1 Auto -Elect Sys. $ 695.00 $ 695.00 4.0 $ 340.00 $ 1,035.00 1 15° Foldown Monitors $ 645.77 $ 645.77 4.0 $ 340.00 $ 985.77 SUBTOTALS $ 37 432.06 161.0 $13,685.00 $51L117.06 SALES TAX $2,900.98 CS = customer supplied TOTAL $54y018.04 PRICES ARE PER VEHICLE / ALL QUOTES ARE GOOD FOR 30 DAYS CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE 1 t8I9BIRE411 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the "Principal," a contract for the installation. of 911 vehicle equipment for a mobile command post, in strict conformity with the Contract on file with the office of the Fire Department of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of lawful money of the United States of America, said sum 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, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. K11] In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 2006. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 11 9 CITY OF NEWPORT BEACH FIRE DEPARTMENT 911 VEHICLE BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 911 VEHICLE hereinafter designated as the "Principal," a contract for the installation of 911 vehicle equipment for a mobile command post in strict conformity with the Contract on file with the office of the Fire Department of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of lawful money of the United States of America, said sum being 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 well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all 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 meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. 12 In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 2006. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 13