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C-4583 - Agreement for Design and Installation of Balboa Village Monument Sign at the Palm Street and Balboa Boulevard Intersection
AGREEMENT FOR DESIGN AND INSTALLATION OF BALBOA VILLAGE MONUMENT SIGN AT THE PALM STREET AND BALBOA BOULEVARD INTERSECTION j WITH BRAVO SIGN & DESIGN, INC. THIS AGREEMENT FOR PURCHASE AND INSTALLATION SE VICES ("Agreement" or "Contract ") is made and entered into as of this27m— day of Gds' 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and Bravo Sign & Design, Inc., a California corporation, ( "Contractor "), whose principal place of business is 520 E. Central Park Avenue, Anaheim, California 92802 -1472, 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 requires Contractor to create design drawings for the Balboa Village Monument sign; and build and install the sign at the Palm Street and Balboa Boulevard intersection as further described in the Scope of Work. C. City desires to engage Contractor to design, build and install the Balboa Village Monument Sign ( "Project'). 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 Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: _ 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of November, 2010, unless terminated earlier as set forth herein. Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). 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 Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work 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. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement 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 Agreement by City and assessment of damages as outlined in Section 3.1. All Work shall be completed by November 30, 2010. 3.1 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 Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Two Hundred Fifty and 00/100 Dollars ($250.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on October 1, 2010 as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Two Hundred Fifty and 00/100 Dollars ($250.00) per calendar day is the minimum value of the costs and actual damage caused 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. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit A, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty -Six Thousand, Nine Hundred and 00/100 Dollars ($26,900.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project Work proceeds based on the percentage of Project Work completed. The cost of materials and equipment delivered and suitably stored for subsequent incorporation in the Project Work shall be included in progress payments. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 21 Page 5. ADMINISTRATION This Agreement will be administered by the Public Works Department. Fong Tse, P.E., or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 6.2 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 Agreement, and that it will perform all Services in a manner commensurate with highest 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. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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 performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any 31 Page breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 7.4 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. 7.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.6 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. 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 Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 9. 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. 41 Page 10. 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 Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractors bid. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. 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 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. 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. Contractors 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. • . • 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. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required.. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self - insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a N ' . e given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. -.101 1001 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°/x) of the total 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. 12. 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 sec.), 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. 13. 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. 14. 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. 15. CONFLICTS OF INTEREST 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. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement 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: Attn: Fong Tse, P.E. Public Works Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Phone: 949 -644 -3321 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Frank Fiore Bravo Sign & Design, Inc. 520 E. Central Park Avenue Anaheim, CA 92802 -1472 Phone: 714 - 284 -0500 Fax: 714 - 284 -0300 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. 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 Agreement forthwith by giving to the defaulting party written notice thereof. 101 Page Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days 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 Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement 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 Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. AMENDMENTS This Agreement 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 Agreement 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. 24. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 111Page 25. 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. 26. WARRANTY Contractor agrees that the monument sign installed pursuant to this Agreement shall be covered by a one -year wear warranty as outlined in Section 6 -8 of D Section 6 — Prosecution, Progress and Acceptance of the Work of the 2003 Edition of the Greenbook, attached hereto as Exhibit D and incorporated in full by this reference. 121 Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Myra- to aiuc amp Assistant City 06rney ATTEST: dm� _V 1�0'_ Leilani I. Brown City Clerk �crFoa �' CITY OF NEWPORT ACH, A California Munrporation SV'phen G. Badum Director of Public Works BRAVO SIGN & DESIGN, INC. By: eg" Korporaje Offic r) Title: /��P.�.'a�B,✓� Print Name: FiP.o,✓,f Z 'Oe"o%?e- By: — L' aw (Financial Officer) Title: Sed ePli4R Print Name: ,�%Gi,Q,¢ 1,%io.Ne Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. Attachments: Exhibit A - Scope of Services and Schedule of Billing Rates Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond Exhibit D - Warranty Information FORM Maintenance and or Repair Services Agreerneot 2010 131 Page B vo SIGN DESIGN www.bravosign.com BRAVO SIGN & DESIGN, INC. 520 S CENTRAL PARK AVE E ANAHEIM CA 92802 -1472 Ph: 714 - 284 -0500 • Main Fax: 714 - 284 -0300 Lic.# 641391 exp.4/30/2012 California DGS Certified Small Business # 0039163 TO: Fong Tse City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 EXHIBIT "A" Design/Build Budget Estimate August 2, 2010 Phone: 949 - 644 -3324 Fax: 949 - 644 -3318 JOB NAME & LOCATION: Balboa Village Entry- NB Our standard Certificate of Insurance will be provided, upon acceptance ofjob estimate (2 million Occurrence /2 million Aggregate). Please Note., Some additional Insured endorsements or specific requirements will Incur additional charges to be quoted upon your request TERMS: lease read careful) JOB DESCRIPTION: Entry monument wall CONDITIONS: ITEM# CITY DESCRIPTION • We will honor this price quote for 30 days. Please call to confirm price thereafter. EST.COST 1 1 Create design drawings; build sign for radius entry wall at back of walk. Approx sign dimensions are 18' long x 5' tall. Intent is to match specs and materials used on entry monuments- sails, logo, bronze letters, texture finish, anti-graffiti sealer "r ®" 1 Build full concrete wall, with tex -coat finish, w /sign elements attached- this model would be the most durable in the pedestrian area. ±$24,000.00 D 1 Option to add conduit, wire and 4 sign up lights, set in concrete. Elect oc is apgrox 60' away at box. ±$2,500.00 If required- Engineering Calculations $400.00 1$26,900.00 We have included the following in our quote: shop drawings and the above. We require camera -ready artwork in EPS file or vector line art for: custom fonts and logos -all on file FINAL COSTS WILL BE FIXED WHEN ALL DESIGN ELEMENTS ARE CONFIRMED Excluded are: traffic control, removal of trees /landscaping, engineering, permits and fees. Sales tax will be added at contract time. Our standard Certificate of Insurance will be provided, upon acceptance ofjob estimate (2 million Occurrence /2 million Aggregate). Please Note., Some additional Insured endorsements or specific requirements will Incur additional charges to be quoted upon your request TERMS: lease read careful) • Net 30 days from date of our invoice with re -lim information. CONDITIONS: • Submittals will be provided upon receipt of Signed Contract or Purchase Order and Deposit if required. • Please allow 8 weeks after approval of all submittals for delivery. • Sales tax will be charged as required, unless a Resale Card with valid seller's permit number is provided. • We will honor this price quote for 30 days. Please call to confirm price thereafter. • Due to the custom nature of this work, orders are non - cancelable after receipt of Purchase Order, Contract, or Order Acknowledgment. We are a licensed, bonded and insured Si n Contractor. AUTHORIZATIONS Bravo Sign &Design, INC. IS NOW ABLE TO ACCEPT "r ®" CUSTOMERACCEPTANCE DATE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. SSB 407604 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bravo Sign & Design, Inc., hereinafter designated as the "Principal," a contract for the Balboa Village Monument Sign, located at the north -east corner of the Palm StreetBalboa Boulevard intersection in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the 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, RLI Insurance Company duty 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 Twenty-Six Thousand, Nine Hundred and 00/100 Dollars ($26,900.00) 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 respectto 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. Main EXHIBIT B 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 terns 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. 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 5th day of�uayus _ 2010. Bravo Sign and Design,lnc. Name of Contractor (Principal) RLI Insurance Company Name of Surety 43391 Business Park Dr_ AC -6. Temecula. CA 92590 -- Address of Surety (951) 296 -6800 Telephone d/Ae6-'nf Sigii nature Melody L. Spaur, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i%.N" B- 21Page ALL - PURPOSE ACKNOWLEDGMENT State of California County of "4AIAI ,e } SS. On d /Alin before me, Go.✓,✓ ;� �• Gh.4F��✓� ljof,vv /%ud,� e, , DATE personalty appeared 1-'Ipww✓ e who proved to me on the basis of satisfactory evidence to be the persons) whose name(g) is /are - subscribed to the within instrument and acknowledged to me that he /A rerikey executed the same in his/hef /tliir authorized capacity(io, and that by his /hef/thetr signature(,) on the instrument the person(S), or the entity upon behalf of which the persons acted, executed the instrument. N 4�10M_ZCONINOII;E: L. C FN S Comm.# 1752182 'C NOTARY PUBLIC- CALIFORNIA N ORANGE COUNTY MY Comm. Ear. JUNE 19, PW PLACENOTARY SEAL INABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S I RE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ® CORPORATE OFFICER /riAPS �if�� ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(TES) DESCRIPTION OF ATTACHED DOCUMENT "940/2 /a yD'0`Crr� UMENT T TITLE OR PE DOC TY NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA 0112008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP : / /WWW.VALLEY- SIERRA.COM 02005- 2008VALLEY- SIERRABNSURANCE ® RLI Surety P.O. Box 3967 Peoria, IL 61612 -3967 Phone: (800)645-2402 1 Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: John A Ruiz, Timothy C Baker. Melody L Spain Karen A Eby, Jointly or Severally in the City of Temecula , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys 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 RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 16th day of June 2010 ' ice m0. co', RLI Insurance Company =�,= ooavoraarF ":9�= State of Illinois - t•• S E A L By' SS Roy C. Di Vice President County of Peoria "• „zt L p pd p \S,o`d CERTIFICATE On this 16th day of June 2010 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: bd/L(R. /! 1 !JI'UGIA7l0�iL� Cherie L. Montgomery Notary Public auk "OFFICIAL! EAL” CHERIE L. MONTGOMERY 'sr rea iwxss COMMISSION EXPIRES e2/02l11 I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereupw set my It an th eal of th I Insurance Company this ,y) dayof� (ii. RLI Insurance Company .- By: Roy C. Di Vice President 0447854030110 A0059207 W- 11A1;161 ilZIT_1 State of California County of ��,,/�;;�� SS. ��Ql��'6(.r K On Si AgU&t X iV Before Me Personally Appeared ,a Notary Public Proved to me on the basis of satisfactory evidence To be the person(&) whose nam is -are subscribe o the within instrument and acknowledged to me that-he-(!he executed the same In - theEr authorized capacity4es) and that by er l signature(s) on the NAM4"a � www►N instrument the person*, or the entity upon behalf K. A. EBY of which the person{sjacted, executed the instrument. COMM. # 1804042 M z NOTARYPUBLIC- CALIPORNIAM I certify under PENALTY OF PERJURY under the laws of the RIVERSIDECOUNTY My Comm. Expires June 25, 2012 State of California that the foregoing paragraph is true and correct. aywae WITNESS my hand a d off ' al. Notary Stamp Signature of Note Pu61Ic License Number Expir OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our, Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Individual: to Officer- Tida(s): - FiLimited general or Conservator Signer is Representing Right Thumb Print of Signer 1 Right Thumb Print q EXHIBIT C CITY OF NEWPORT BEACH BOND NO. SSB 407604 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 673.00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bravo Sign & Design, Inc., hereinafter designated as the "Principal," a contract for the Balboa Village Monument Sign, located at the north -east comer of the Palm Street/Balboa Boulevard intersection In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and RLI Insurance Company ' duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty -Six Thousand, Nine Hundred and 00/100 Dollars ($26,900.00) 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 specked 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. C- 1IPaga EXHIBIT C 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. 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 5th day of August , 2010- Bravo Sign and Design, Inc. Name of Contractor (Principal) RLI Insurance Company Name of Surety 43391 business Park Dr. # -6. Temecula. CA 92590 Address of Surety (951) 296 -6800 Telephone Melody L. Spaur, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETYMUST BEATTACHED iJeN f C -21 Page ALL - PURPOSE ACKNOWLEDGMENT State of California County of I SS. On 09 �Qio , before me, I DATE personally appeared //014 4 1/1 lorll®rPe_ who proved to me on the basis of satisfactory evidence to be the person( whose name ( s}is /are subscribed to the within instrument and acknowledged to me that he /5helfhe3r executed the same in his /Jr~r authorized capacity( ), and that by his /.hc-r/,theCr signature,(o on the instrument the ._� CONNIE L. CNAFFINS Comm.# 1752182 MA NOTARY RELIC- CALIFORNIA ORANGE COUNTY MY COMM. EXP. JUNE 19, 1011 r PLACENOTARY SEALINABOVE SPACE personks); or the entity upon behalf of which the personksj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. NOTARY'S)P URE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL � ® CORPORATE OFFICER �iPe,9 Ie4,1- PARTNER(S) TITLE(S) ATTORNEY-IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT A �'W'x ol 14Pir159.f'W4' .fie- I&BiVOc TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER a, r 0. E a a F APA 01/1008 NOTARY BONDS, SUPPLIESAND FORMS ATHTTP : / /WWW.VALLEY- SIERRA.COM 0 2005- 2008VALLEY- SIERRAINSURANCE o RLI Surety RU P.O. Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645-2402 1 Fax: (309)689-2036 w .dicorpxom Know All Men by These Presents. POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: John A. Ruiz. Timothy C. Baker, Melody L. Suaur, Karen A Eby. Jointly or Severally in the City of Temecula , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys 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 RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 16th day of June 2010 yJ?gt:�Fno "'.,, RLI Insurance Company ?� e oonPOeaa re o�?t= State of Illinois ))) �d :` By: } SS ; • Roy C. Di Vice President County of Peoria J " "o LLtno�50� CERTIFICATE On this 16th day of June 1 2010 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Cherie L. Montgomery I # CIT Notary Public I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereur TW set my h J seal of th I, nsurance Company this ,'L day of �A"[�, �. RLI Insurance Company auk "OFFICIAL SEAL" By: ° PHOTUeu�c CHERIE L. MONTGOMERY Roy C. D Vice President 9i a �' COMMISSION EXPIRES 02/02/72 0447854030110 A0059207 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of ,� } SS. On ,Jm a v io Before Me Personally Appeared ,a Notary Public Qx Proved to me on the basis of satisfactory evidence To be the person* whose nam is -are subscribe o the within instrument and acknowledged to me that -Me she executed the same in . er authorized capacity(tes) and that by ' er / signature(s) on the instrument the persorft or the entity upon behalf K• A EBY of which the person(e)-acted, executed the instrument. COMM. # 1804047 "" "' " "'" al vEaslo -E CO I certify under PENALTY OF PERJURY under the laws of the urm My Comm. Expires June 25, 201 21 State of California that the foregoing paragraph is true and correct. wi.�ua�.wsea:wan�a,r�t WITNE S my hid a d ef#icIat seal. /Rn�o � Notary Stamp Signature of N ry P Ilc License Number ExKr 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 our Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name; nindlvidual: Corporate Partner - OAttorney -ir n Trusts , Officer - Tille(s): E] Limited General Guardian or Conservator Other: Signer is Representing Number of Pages Right Thumb Print of Signer f Right Thumb Print N EXHIBIT "D" Greenbook 2003 27 6 -7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6 -8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance, it will so certify to the Board, which may accept the completed Work. The Engineer will, in its certification to the Board, give the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date the Work was completed. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6 -9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for the completion of Work, as adjusted in accordance with 6 -6, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $250, unless otherwise provided in the Specifications. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 per day is the minimum value of the costs and actual damage caused 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. 6 -10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance_ The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. . 1. O CERTIFICATE OF LIABILITY INSURANCE L.� D /29 //010 7/29/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Va1er].e Cadi.le NAME: PHONE t9e]gj 261 -5335 AX No: (949)261 -1911 eXU. ic_ Tutton Insurance Services 2913 S. Pullman St. "MAIL ADDRESS: PRODUCER 90000248 US MER ID k INSURER(S) AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURED INSURERA:Peerless Indemnity Ins. Co. X COMMERCIAL GENERAL LIABILITY CLCLAIMS-MADE OCCUR INSURERe:Golden Eagle Insurance Co 10836 BP9517579 Bravo Sign S Design, Inc. 520 East Central Park INSURERc:Delos Insurance Company DAMAGE TO RENTED PREMISES Ea occurrence INSURER D: MED EXP(Any one person) INSURER E: PERSONAL B ADV INJURY Anaheim CA 92802 INSURER F: COVERAGES CERTIFICATE NUMBER:10 /11 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE KDOIL INSR SUER WVO POLICY NUMBER POLICY EFF MWOD/YYY POLICY EXP MMIDD^/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLCLAIMS-MADE OCCUR BP9517579 /1/2010 /1/2011 DAMAGE TO RENTED PREMISES Ea occurrence # ,000 $ 500 MED EXP(Any one person) $ *10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GMT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 1,000,000 X POLICY F PRO - ECT LOG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT I (Ea accident) $ 1,000,000 X BODILY INJURY (Per Perscn) 8 B ALL OWNED AUTOS AS167372 /1/2010 /1/2011 BODILY INJURY (Per acadent) $ SCHEDULED AUTOS X PROPERTY DAMAGE (Peraaitlent) $ HIRED AUTOS X NON -OWNED AUTOS Uninsuretl motorist combined $ 1,000,000 Medical payments $ 2,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 X AGGREGATE S EXCESSLIAB CLAIMS-MADE DEDUCTIBLE $ X $ B RETENTION $ 0 9888766 11/2010 /1/2011 c WORKERS COMPENSATION ANDEMPLOYERS'LUIBILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/ME BEN EXCLUDED? (Mandatory IM n NH) 4escdhe under D yes, RIPTION a OPERATIONS belax DESC NIA 2DERM12007137 /1/2010 71112011 WC STATU- OTH- IER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - FA EMPLOY $ 11000,000 EL. DISEASE - POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Oasis Balboa Village 10 -3524 City of Newport Beach, its elected or appointed officers, agents officals, employees 6 volunteers are named as additional insured per attached GECG602 09/04. Primary applies per attached CG0001 10 /01. WC Waiver applies per attached WC040306 4/84. *30 days notice of cancellation for non - payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Newport Blvd. Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Stanley Tutton /MARY ACORD 25 (2009109) ©1988 -2009 ACORD CORPORATION. All rights reserve) INS025 powag) The ACORD name and logo are registered marks of ACORD COMMENTS /REMARKS Revised A/I information 8/5/10. MA Amend Prim & WC waiver 8 /12 /10 -VP I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ' POLICY NUMBER: CBP9517579 COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTIONI - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following., 2.9. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added. 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The lase paragraph of 2. Exclusions is replaced with the follovurng: Exclusions c. through n. do not apply to damage by tire. explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTION I - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. OW0602 (W,04) Includes copyrighted material of insurance sanices OWIces Inc. with its pw,nnissi>n Page t of 1 The following is added. COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses' incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage "; and b. The "product recall notification expenses' are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic later violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit' including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 503'% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity_ Coverage underthis provision is afforded only until the end of the policy period, orthe twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you; or occupied by you with the permission of the owner. GF.CCi Ed12(fY.b1)i Includes copyrightodmaterial of Insurance S.Mccs(lffi,xs Inc. with its pr-mmmiis ion Page oft Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of anyone fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replace d with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence ", offense, claim, or "suit ". Knowledge of an 'occurrence ", offense, claim or "suit' by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the 'occurrence", offense, claim or "suit". Item 4. b. I) bj is replaced wirth: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner: or Item 6. is amended to include: S. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 6. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impairthem. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 0t.C6 x912 (W.-N) Includes copyrighted matcriai of Insurance Services Ot}iws Inc. with its rz�ission Pap 3 of 3 b. If required by a written "insured contract ", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products completed operations hazard ". Item 10. andltem 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 are added- 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway Or right -of -way of a railroad_ 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily inured in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. (A.00 ri02 (W.'04i lnoludes copyrighted material of Insurance Sa"iccs MwA Inc. with its p.• ission Page 4 of With respect to provision i.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does riot apply: a. Unless the written contract or agreement has been executed. or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury% b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury ordamage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including; but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare orapprove, maps; shop drawings, opinions, reports, surveys, Feld orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To `bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED— VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor ") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded underthis policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement_ This exclusion does not apply to liability for damages that the vendorwould have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; MCQ 642 (M-04) Includes copyrighted maturial of Insurance Scn•iccs OffiocA Inc. with its pemtission Page 5 of d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer; and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; E Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or In. To 'bodily injury" or `property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (i6CG 602 (QM)4) Includcs copyrighted matcrial of lnsivancc Seniccs (Iffiwa Inc. with its prmmission Pago 6 of POLICY NUMBER: GBP9517579 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit' (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance . This insurance is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work", (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement, CG 00 0110 01 © ISO Properties, Inc., 2000 Page 11 of 16 ❑ WORKERS ION AND EMPLOYERS LIABILITY INSURANCE P WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver Minimum Premium $500 SCHEDULE Job Description All California Operations 2% of the total classification This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2010 Policy No. 02DKRM12007137 Endorsement No.1 Insured Bravo Sign & Design, Inc. Insurance Company: Delos Insurance Company - 35408 DBA: Bravo Sign & Design A - "4. Countersigned By: 07998 by the Workers' Compensation Insurance Rating Bureau of California. All right: reserved. From the WCIRB's Califomia Workers' Compensation Insurance Forms Manual ©2001. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 08/05/2010 Dept.lContact Received From: Shauna Oyler Date Completed: 08/11/2010 Sent to: Shauna Olyer By: Michelle Ross Company /Person required to have certificate: Bravo Sign & Design I. GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Indemnity Ins. Co. B. AM BEST RATING (A-: VII or greater): "A"XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes N No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance Corp. B. AM BEST RATING (A -: VII or greater) "A"XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $1,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Delos Insurnace Company B. AM BEST RATING (A-: VII or greater): "'A-"VIII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Michelle Ross August 13, 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ❑ Yes [K No