HomeMy WebLinkAboutC-4551 - Contract for Edgewater Avenue Coping Improvements ProjectCONTRACT WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC.,
FOR THE EDGEWATER AVENUE COPING IMPROVEMENTS PROJECT
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THIS CONTRACT is made and entered into as of this day of k 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City"),
and Associated Pacific Constructors, Inc., a California corporation, ( "Contractor ") whose
Cj principal place of business is 495 Embarcadero, Morro Bay, California, 93442, 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 repair the Edgewater Avenue coping.
C. City desires to engage Contractor to repair existing cracks and spall by performing
epoxy crack injection; raising the existing coping on elevations; constructing a wall on
top of the east side coping to match the west side and sacking the faces of the east and
west coping for cosmetic appearance upon completion of repairs ( "Project').
Contractor has agreed to perform the Project over a fifteen (15) working -day period,
commencing upon issuance of the Notice to Proceed.
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:
SCOPE OF WORK
City and Contractor acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. As such, Contractor shall perform all the services
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
this reference. 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.
3.
4.
5.
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 the deadline of June 8, 2010, may result in termination of this
Agreement by City and assessment of damages as outlined in Section 2.1. The term of
this Agreement shall extend to June 30, 2010, unless terminated earlier as provided for
herein.
2.1 Execution of this Agreement shall constitute agreement by the City and
Contractor that One Hundred Dollars ($100.00) 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.
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 Twenty -Six Thousand, One Hundred Thirteen and 001100 Dollars
($26,113.00). Contractor shall not receive any additional compensation unless
approved in advance by the City in writing. City shall pay Contractor no later than thirty
(30) days after approval of the final invoice by City staff.
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This Agreement will be administered by the Public Works Department. Frank Tran shall
be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his/her authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
5.1 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
Project 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 Agreement, 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
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 Agreement; (2) use of
improper materials in performing this Project including, without limitation, defects
in workmanship or materials and /or design defects; and /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 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.
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 Agreement, 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.
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.
8. 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.
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9. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
wok Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, 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 or performance of any
work. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement.
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 Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
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 Agreement, including coverage for any owned, hired, non-
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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.
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
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
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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.
14. 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.
15. 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: Frank Tran
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3040
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Mike Marchitto
495 Embarcadero
Morro Bay, CA 93442
Phone: 310 - 549 -1961
Fax: 310 - 549 -1781 Fax
16. 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.
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.
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20.
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23.
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.
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.
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.
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.
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.
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.
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.
24. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
ynet Beau "ha p,
Assistant City A or ey
for the City of Ne port Beach
ATTEST:
QhnA, YD�NV��
Leilani I. Brown
City Clerk
C'N'
►fit
CITY OF NEWPORT EACH,
A Municipal Corpo
p n adum,
ae'ctor'V Public Works
the City of Newport Beach
ASSOCIATED PACIFIC CONSTRUCTORS, INC.
By:
(Corporate ffic /r)
Title:%S�Ntr
Print Name: 4d/ G, (�'lIle-A/
By:
(Finan'cal fficer)
Title: (Y /C,,O�--
Print Name: l q L G,<�!.✓
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
Exhibit B - Labor and Materials Payment Bond
Exhibit C - Faithful Performance Bond
I
CITY OF NEWPORT BEACH
BOND NO. 58673709
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Associated
Pacific Constructors, Inc., hereinafter designated as the "Principal," a contract for the
Edgewater Avenue Coping Improvements Project, located at 495 Embarcadero in the City of
Morro Bay, 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,
WESTERN SURETY COMPANY 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 Twenty -Six Thousand, One
Hundred Thirteen and 001100 Dollars ($26,113.00) 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 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.
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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 7th day of MAY , 2010.
Associated Pacific Constructors, Inc.
(Principal)
WESTERN SURETY COMPANY
Name of Surety
6300 CANOGA AVE., STE. 115OW
WOODLjJ= WjT.t.c rA 91167
Address of Surety
818 713 -2031
Telephone
AuthAriz S' na v�� /Title
Authorized Age t Signature
SHIRLEY LITTELL- ATTORNEY IN FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE
ATTACHED
11
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On May 7. 2010 before me, ,tudith a {;_pn;tes- toatary Public
fate Here Insert Name and m.. he wer
personally appeared S h i r l Py I i t t a 11
Names) 01 Signega)
JUDITH & BENITES
Commlaalon a 1671051
Notary Public - Calffornia Z
VYmun Coany
Comm. = Nor 20.2013+
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he /she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatu e:
Plana Notary Seal a.&or Stamp Above Signa re of blip
OPTIONAL
Though the information below is not required by law, it may prove uable to persons relying on document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Att"hed DeoumoM
Title or Type of Document: Labor and Materials Payment Bnnd
Document Date: May 7. 2010 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
Cl Partner — ❑ Limited ❑ General Top of thumb here
U Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety Compa y
M08 National NoMN
❑ Corporate Officer — Title(s):
• Individual
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
913132402 • rww.NationalNOlarv.ara
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Itemp5907 ReomerU11T01-Free14WM78fi827
ACKNOWLEDGMENT
......................................... ............................... a.... a.
State of California
County of !,%—j 1b/5 136!$6_1 S&
On /??.a. s /3. ?cY0 before me, i _ A�l/t✓ /C Notary
Public, persoKally appeared /*.&,I %-
- _ - - - - - -- who
proved to me on the basis of satisfactory evidence to be the person(*} whose name(q) is /ara-
subscribed to the within instrument and acknowledged to me that he /s4elthey executed the
same in his /hey /their authorized capacity(", and that by his /k -Kt"r signatures(*) on the
instrument the person(*, or the entity upon behalf of which the person(e) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
................. ............................... .....................one.......
OPTIONAL INFORMATION
Date of Document
Type or Tide of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
ZOO 0_
Awl
Capacity of Signer.
_ Trustee
Power of Attorney
CE !COO
eside de ice-President / Secretary lTreasurer
er.
Other
Thumbprint of Signer
E] Check here if
no thumbprint
or fingerprint
is available.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Shirley Littell, Individually
of Oxnard, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2010.
w�Tre WESTERN SURETY COMPANY
�OVpaR9l.
Paul . Bmflat, Senior Vice President
State of South Dakota
County of Minnehaha I ss
On this 23rd day of March, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seat affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires ` \hh•h1YtiM1ti \ ♦V�iVrNV4YrY;
D. KRELL
November 30, 2012 i�NOTARY PUBLIC 022
BOUTN DAKOTA L i
♦4r4�4Yrti�4rrtiY ♦vtilw�y���
D. Krell, NoUry Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this 7th day of May . 2010
*00. WESTERN SURETY COMPANY
N 4p�paA9" v
CYY
L. Nelson, Assistant Secretary
Fomr F4290 -09 -06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. 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, and 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.
CITY OF NEWPORT BEACH
BOND NO. 58673709
FAITHFUL PERFORMANCE BOND
The premium charbges on this Bond is $
being at the rate of $ 14
376.00
thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Associated
Pacific Constructors, Inc., hereinafter designated as the "Principal," a contract for the
Edgewater Avenue Coping Improvements Project, located at 495 Embarcadero in the City of
Morro Bay, 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 NESERN SURETY 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, One Hundred Thirteen and 001100 Dollars
($26,113.00) 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 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 7TH day of MAY �, 2010.
/PZ't-A 4u,
Associated Pacific Constructors, Inc. Authorized Si n ur itle ns1 e-tL
(Principal)
WESTERN SURETY COMPANY
Name of Surety Authorized Agent ignature
6300 CANOGA AVE., STE. 1150W
o"Monragn Hy r -c
Address of Surety
818 713 -2031
Telephone
SHIRLEY LITTELL - ATTORNEY IN FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE
ATTACHED
13
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On May 7, 2010 before me, Judith A. Benites, Notary Public
Dale Hare Insert Name and Tllle of the Officer
personally appeared Shirley L i t to l l
JUDITH A. BERITES
Commission # 1871651
= Notary pumit - California i
Ventura Conrrty
Comm. E Tres Now 212013 +
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/hedtheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of Cal'domia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature `
Place Notary Seal and/or Stamp Above Slgn um d I of ry u I-
OPTfONAL
Though the information below is not required by law, it may prove v le to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Deseriptien of Att&~ Doouffmm
Title or type of Document: Faithful Performance Bond
Document Date: May 7, 2010 Number of Pages: 2
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
0 xAttomey in Fact
• Trustee
• Guardian or Conservator
❑ Omer:
Signer Is Representing:
Signer's Name:
• Corporate Officer — Title(s):
• Individual
• Partner — ❑ Limited ❑ General Top at thumb here
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer is Representing:
u
02003 National Notary A990claton -9350 De Soto Ave., P.O. Sax 2402 - Chatsworth, CA 913132402 -.w+ H.NownaiNOtary.org Item #W7 Reatler. Cell To1Wm 1- 8008768827
ACKNOWLEDGMENT
................................................ ...............................
State of Cayl Drnia -
County of AJ ,L✓is 80A40- 1 ss
On 101&.d �3, ZD /o fore me, /f�dl� /.+ �✓ /�', Notary
Public, perso ally appeared
proved to me on the basis of satisfactory evidence to be the person(&) whose name(rv) is /a"&
subscribed to the within instrument and acknowledged to me that he/she /they executed the
same in his /heritheir authorized capacity(ie&), and that by his/her /their signature$(* on the
instrument the person(e), or the entity upon behalf of which the person(&) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
„
Signature
.................. ............................... I . . . . . . . . . . . . . . . . . . . . a 0.......
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer.
Trustee
_ Power of Attorney
_CE ICOO
_ P side 7l ice- President I Secretary I Treasurer
Oth
Other Information:
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Shirley Littell, Individually
of Oxnard, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2010.
wat�� WESTERN SURETY COMPANY
Paul 1.Bruflat, Senior Vice President
State of South Dakota 1
Jj ss
County of Minnehaha
On this 23rd day of March, 2010, before me personally came Paul T. Brufiat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires a +. ++++ ++cow++ +wwwr.rr+.rr a
D. KRELL '+
November 30, 2012 iy-�- NO PUBLIC
a XSOUTH DAOTA t
+
arrrwrwrrrwrrrrrrrrrrrww a
D. Krell, No ry Public
CERTIFICATE
1, L. Nelsen, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this 7th day of May 2 0 10
e`" WESTERN SURETY COMPANY
( y ISIyC�[L(y�
4ry�.dR v r
L. Nelson, Assistant Secretary
Form F4280 -09-06
Authorizing Bylaw
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. 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, and 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.
Cliant#: 216769
PACQNSTR2
AWED- CERTIFICATE OF LIABILITY
INSURANCE 5! 312010
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Darren D. Caesar (805) 682 -2571
HUB Int'I Insurance Serv. Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
40 East Alamar Avenue
POLICY NUMBER
POLICYEFFECTNE
Santa Barbara, CA 93105
INSURERS AFFORDING COVERAGE
NAIC 8
INSURED
INSURER A: Northern Assurance CO Of AmeNC
38369
Associated Pacific Constructors, Inc.
INSURER B: National Union Fire Ins Co Pitt
19445
Pacific Constructors, Inc.
INSURER D: Netherlands Insurance Company
24171
495 Embarcadero
Morro Bay, CA 93442
NSURER D:
INSURER E
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
CATS THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'L DAYS WRITTEN
TYPE OF INSURANCE
POLICY NUMBER
POLICYEFFECTNE
POLICYEXPIRA I
LIMITS
IMPOSE NO OBLM.ATION OR LUUMLRY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
A
GENERAL LIABILITY
NSJH70596
10/18/2009
10/1812010
EACH OCCURRENCE
$1000000
X COMMERCIALGENERALLIABIUTY
DAMAG TO RENTED
PRE
$100000
CLAIMS MADE FRI OCCUR
-
$54000•"
MED UP An ono pereon)
PERSONALS ACV INJURY
4,609'060
X BI1PDDed:5.000
P8:1w /Crewlncl
X
See Remarks Section
GENERALAGGREGATE
$2,000,000
Pollution Liab
GENLAGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOPAGG
$1000000
POLICY PRO -
E LOC
C
AUTOMOBILE
LIABILITY
ANY AUTO
BA8331570
10118/2009
1011812010
COMBINED SINGLE LIMIT
(Ea modem)
$1,000,000
X
BODILY INJURY
(Perpmm)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BOOBY INJURY
(Per accident)
$
HIRED AUTOS
NON-OWNED AUTOS
X
PROPERTY DAMAGE
(Per ac6rlwt)
$'
GARAGE LIABILITY
AUTO ONLY• EA ACCIDENfJ
C •T1Jn'tN1.
ANY AUTO
OTHERTHAN �
3
AUTO ONLY: FAA
A
EXCESBIUMBRELLALIABILITY
NSJH71736
10/18/2009
1011612010
E
$4000000
X
OCCUR 7 CIAIMS MADE
$4,000,000
S
$
DEDUCTIBLE
X
4EACHACCIDENT
$
RETENTION s5,000
B
WORKERSCOMPENSAWNIAND
EMPLOYERS' LIABILITY
ANYICPROPREIEL�TOEWRPARTNERIEXECUTIVE
5864828 WC
5864829 USLH
10/01/2009
10101/2010
0TH -
"
T
$1000000 "
OF ndEto yin Nn) EXCLUDED?
MPLOYEE
$1000000
N Yes, desaibe ender
SPECIAL P ROVISIONS bedm
I E.L. DISEASE - POLICY LIMIT
$1000000
A
OTHER Rented/Hired
NSJH70596
10N8/2099
10f18/2010
$500,000 Limit
Equipment
$1,000 Ded.
DESCRIPTION OF OPERATIONS I LOCATIOS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
Project: Edgewater Avenue Coping Improvements
Project Description: Repair existing coping and spalls
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 "
(See Attached Descriptions)
ACORD 25 (2009101) 1 of 3 #S7124801MS53532 ® 1988 -2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD BR43
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Newport Beach
CATS THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'L DAYS WRITTEN
Public Works Department
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 60 $O SHALL
Attn: Shauna Oyler
IMPOSE NO OBLM.ATION OR LUUMLRY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
3300 Newport Boulevard
REPRESENTATIVES.
Newport Beach, CA 926588915
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009101) 1 of 3 #S7124801MS53532 ® 1988 -2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD BR43
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance.does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon. - - -
M
M
ACORD 25 (2s0e101) 2 of 3
DESCRIPTIONS (Continued from Page 1)
Contractor Including the insureds general supervision of Contractors; products and completed operations of
Contractor; premises owned, occupied or used by contractors or automobiles owned, leased, hired or borrowed
by Contractor. The coverage shall contain no special limitations on the scope of protection afforded the
City, its elected or appointed officers, officials, employees, agent or volunteers as respects to the
General Liability and Auto Liability Policies, per the forms attached: Endorsement# 10 and GECA 701 (01/07)
Blkt. Commercial Auto Gold Endorsement
Contractors 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 Contractors 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 Contractors insurance and shall not contribute with It
under the General Liability and Auto Liability Policies, per the fors attached: Endorsement # 10 -
Includes the Primary Wording Clause and GECA 701 (01107) Blkt. Commercial Auto Gold Endorsement - Includes
Primary Wording Clause.
The insurer shall agree to waive all rights of subrogation against City; it is elected or appointed
officers, agents, officials, employees and volunteers for losses arising form work performed by Contractor
for City under the Auto Liability; General Liability and Workers Compensation Policies, per the forms
attached: Endorsement # 10 - Includes the Waiver of Subrogation Clause and GECA 701 (01107)
Blkt Commercial Auto Gold Endorsement - includes the Waiver of Subrogation Clause and Blanket Waiver of
Subrogation as respects to the Workers' Compensation Polley.
Protection & Indemnity/Hull & Machinery Coverage:
"Moe" - $10,000 BUPH Dad.
"JC Freeze" w /crane - $10,000 BUPH Dad.
"JBoat" - $1,000 BI1PH Ded.
"Whity" - $1,000 BI /PH Dad.
"CSI Skimmer" - $1,000 BUPH Dad.
"Meri" - $10,000 BI /PH Ded.
"Mani I" - $10,000 BI/PH Dad.
"Mani 1[*'- $10,000 BI /PH Dad.
"Napa Valley" - $10,000 BUPH Dad.
"Sea Quest" - $10,000 BUPH Dad.
"Brea- Tessa" - $10,000 BI /PH Dad.
"AmyBee" .$10,000 BI /PH Dad.
AMS 25.3 (2009101)
A4ft
INTERNATIONAL
MARINE O ® r9
ENDORSEMENT # 10
UNDERWRITERS
To be attached and made part of Policy Number NSJH 70596
Of The Northern Assurance Company of America
Issued to: Associated Pacific Constructors, Inc.
Effective May 13, 2010 and in consideration of the premium charged, it is agreed that the following entity is
hereby named as Additional Insured with respect to Section I, Part I — Marine General Liability, Part II —
Protection & Indemnity, and Part IV — Pollution Liability with full waiver of subrogation, as respects to
Edgewater Avennue Coping Improvements as their interests may appear:
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
It is further agreed that this policy shall be considered primary over all other coverages available to the
Additional Insured, but only with respect to their interest on project Edgewater Avenue Coping Improvements
All other terns and conditions remain unchanged.
Dated: May 13, 2010
Signature- of A rzed Representative
COMMERCIAL AUTO GOLD ENDORSEMENT _
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SECTION II • LIABILITY COVERAGE
A. COVERAGE
i. WHO IS AN INSURED
The following is added:
d Any organization, other than a. par, nership or joint venture. over which you maintain ovvnmist, io or
; majority interest on the effective date of this Coverago Farm, if there is no similar insurance
available to that organization.
Any organization you newly acquir a or form other than a parinersnip or joint venttxe. and over
which you maintain ownership of a majority interest. However, coverage under this provision
does not apply:
.41) If there is similar insurance or a self- insured retention plan available to that organization; or
(2) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
I. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow
+n your business or your personal affairs. Insurance provided by this endorsement is excess over
any other insurance available to any volunteer or employee.
g. Any person, organization, trustee, estate or governmental entity with respect to the operation,
maintenance or use of a covered "auto" by an insured, it:
('I 1 You are obligated to add that person, organization, trustee, estate or governmental entity as
an additional insured to this policy by:
(a) an expressed provision of an "Insured contract ", or written agreement; or
(b) an expressed condition of a written permit issued to you by a governmental or
public authority.
(2) The "bodily injury" or "property damage" is caused by an "accident' which takes to I sce :3he!
(a) You executed the "insured contract' or written agreement; or
(b) the permit has been issued to you.
;EC:. 701 (0741:.1 Includes copyrighted material of Insurnntt Services Olfecz, Jac. ,014 ifs permission F.., I or 4
2. COVERAGE EXTENSIONS
a. Supplementary Payments.
Subparagraphs (2) and (4) are amended as follows:
(2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning
up to $500 a day because of time off from work.
SECTION III • PHYSICAL DAMAGE COVERAGE
A. COVERAGE
The following is added:
S. Hired Auto Physical Damage
a. Any "auto" you tease, hue, Ter11 or borrow from someone other than your employees or partners
or members of their household.ls a covered "auto" for each of your physical damage coverages.
b. The most we will pay for "loss" in any one "accident" is the smallest of:
(1) $50,000
(2) The actual cash value of the damaged or stolen property as of the time of the 'loss ": or
(3) The cost of repairing or replacing the damaged or stolen property with otter property of like
kind and quality.
If you are liable for the "accident', we will also pay up to $500 per "accident" for the actual loss of
use to the owner of the covered "auto ".
c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by
an amount that is equal to the amount of the largest deductible shown for any owned "auto" for
that coverage. However, any Comprehensive Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.
d. For this coverage, the Insurance provided is primary for any covered "auto" you hire without ,a
driver and excess over any other collectible insurance for any covered "auto' that you hire with a
driver.
S, Rental Reimbursement Coverage
We will pay up to $75 per day'for up l0 30 days, forrenial reimbursement expenses incurred by you
for the rental of an "auto" because of "loss" to a covered "auto'. Rental Reimbursement will be
based on the rental of a comparable vehicle, which in many cases may be substantially less than $75
per day, and will only be allowed for a period of time it should take to repair or replace the vehicle
with reasonable speed and similar quality, up to a maximum of 30 day=_, We will also pay up to $500
for reasonable and necessary expenses incurred by you to remove and replace your materials and
equipment from the covered "auto'.
GECA 701 f011m) includes copprfghled material orinsumaee services Offices. fnasvi;b its penni5sian Page 2 nCI
If "loss' results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not
already provided under paragraph 4, Coverage Extension.
Lease Gap Coverage
If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -
Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any
difference between the actual cash value of the "auto" at the time of the loss and the "outstanding
balance" of the lease.
"Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts
representing taxes; overdue paymenls;,penalties, interest or charges resulting from overdue
payments; additional mileage charges; excess wear and tear charges; and lease termination fees.
B. EXCLUSIONS
The following is added to Paragraph 3
The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not
apply to the accidental discharge of an airbag
Paragraph 4 is replaced with the following:
4. We will not pay for'ioss" to any of the following:
a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with
audio, visual or data electronic equipment
b. Equipment designed or used for the detection or location of radar.
c. Any electronic equipment that receives or transmits audio, visual or data signals.
Exclusion 4.c does not apply to:
(1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by
use of the power from the "auto's" electrical system, in or upon the covered "auto "; or
(2) Any other electronic equipment that is:
(a) Necessary for the normal operation of the covered "auto" or the monitoring of the
covered "auto's °operating system; or
(b) An integral part of the same unit housing any sound reproducing equipment described in (1)
above and permanently installed in the opening of the dash or console of the covered "auto,
normally used by the manufacturer for installation of a radio.
D, DEDUCTIBLE
The following is added: No deductible applies to glass damage if the glass is repaired rather than
replaced.
GECA 701 (01/(n) inciudu copyrighted material of Insurance Servicu offices, Lac. M(h its permission Pacge3 or
SECTION IV. BUSINESS AUTO CONDITIONS
A. LOSS CONDITIONS
Item 2.a. and b, are replaced with:
2, Duties In The Event of Accident, Claim, Suit, or Loss
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 accident, claim,
"suit ", or loss. Knowledge of an accident, claim, "suit ", or loss, by other employee(s) does not
imply you also have such knowledge.
b. To the extent possible, notice to us should include:
(1) How, when and where the accident or loss 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 accident or loss.
The following is added to S.
We waive any right of recovery we may have against any additional insured under Coverage A. 1.
Who Is An Insured g„ but only as respects loss arising out of the operation, maintenance or use of
a covered "auto" pursuant to the provisions of the "insured contract', written agreement, or permit.
R. GENERAL CONDITIONS
9. is added "
9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Your unintentional failure io disclose any hazards existing at the effective date of your pot icy will not
prejudice the coverage afi"ad. However, Am have th=- ricgh`: to collect UUOIicv?al premium for any
such hazard.
COMMON POLICY CONDITIONS
2.b, is replaced by the following:
b. EO days before the effective date of cancellation if we cancel for am,, other reason.
GECA 701(01177) Fncludes copyrightedtnaterini orin sarance Services OlTaes. iu permission P6 age4 of
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is Issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 10/01 /2009 forms a part of Policy No. WC 005 -86 -4828
Issued to ASSOCIATED PACIFIC CONSTRUCTORS, INC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against any person or organization with whom you have a written contract that requires you to obtain this
agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium
for this policy.
W
re
1rtX ,.
WC 04 03 61 Countersigned by _____._.__
-----------------------
(Ed. 11190)
Authorized Representative
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 05/1312010 Dept. /Contact Received From: Shauna Oyler
Date Completed: 05/14/2010 Sent to: Shauna Oyler By: Michelle Ross
Company /Person required to have certificate: Associated Pacific Constructors, Inc.
Service(s) Provided:
GENERAL LIABILITY
A. INSURANCE COMPANY: Northern Assurance Co. of America
B. AM BEST RATING (A -: VII or greater): "A "(XIV)
C. ADMITTED Company (Must be California Admitted)
Is Company admitted in California?
E Yes
❑ No
$1,000,000 plus
D. LIMITS (Must be $1M or greater): What is limit provided?
$4,000,000 Umbrella
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
E Yes
❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes
❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes
❑ 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
E 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.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: National Union Fire Insurance Co. of Pitt.
B. AM BEST RATING (A-: VII or greater) "A" XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): $1,000,000 plus
What is limits provided? $4,000,000 Umbrella
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? E Yes ❑ No
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: Netherlands Insurance Company
B. AM BEST RATING (A-: VII or greater): "A "(XV)
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:
A/ 4& ,ease Iffy 14'r 2010
Agent of Brown & Brown Date
Broker of record for the City of Newport Beach
❑ Requires approvallexceptionlwaiver by Risk Management B&B initials
Comments:
Approved:
Risk Management Date
❑ Yes ❑ No
= ` Associated Page 1 of
Pacific
t , Constructors, Inc.
Offshore • Nearshore • Onshore
May 3, 2010
Proposal
Contract No. 4320 Edgewater Avenue Coping Improvements Project
City of Newport Beach, CA Public Works Department
Associated Pacific Constructors, Inc. is pleased to provide our proposal for the work required on the
Edgewater Avenue Coping Improvements Project,
Overview:
Coping Repairs:
Repair existing cracks and spall. This work includes the repair of the existing coping by performing epoxy
crack injection repairs of approximately 80 LF in the existing coping and concrete spall repair of approximately
5 CF on the east wall at the north end.
Coping extensions:
Raise the existing coping elevations to +10.00' MLLW on three sides. This work includes raising the existing
wall on top of the existing coping on the west side to the planned +10.00' elevation. Extend the existing
battered wall at Undo Ave. Street end to the planned elevation. Construct a similar wall on top of the east side
coping to match that of the west side wall and sack the faces of the east and west coping for cosmetic
appearance upon completion of repairs. The prevailing wage rates will be paid for work performed.
Scope:
• Mobilize, supply install labor, materials and supervision to repair the existing coping and extend the
coping on three sides.
• Pressure clean the existing coping, and cleaning out all cracks.
• Prep cracks with v- grooves for epoxy crack injection.
• Remove loose concrete for spall repairs.
• Form work on spalls using pour method of repair.
• Construct new extensions over existing coping with concrete epoxy bonder for adhesion to new
extension.
• Drilling and epoxy anchoring #4 epoxy coated rebar vertical dowels 24" O.C. minimum 8° embedment
on all 3 wall extensions.
• Extend existing wall extension on top of existing west side coping using 5 ea. #4 horizontal bars.
Form to lose the existing chamfered edge at top of the wall other than that of the beach side. The new
wall extension to be chamfered at the top.
• Construct Undo Ave end wall extension with 2 ea. #4 horizontal bars. Wall to be approximately 8°
thick formed straight up transitioning from the battered wall, losing the existing chamfer and
chamfered at the top of new wall extension.
• Construct the east side wall similar to the wall on the west side matching the chamfered seam
between the existing coping and extension on the beach side. Construct wall using 7 ea. #4
horizontal bars and chamfered at the top of the new wall.
• Sack the existing faces of the east and west coping completing the improvements.
Associated Pecft Constructors, Inc.
495 Embarcadero
Morro Bay, CA 93442
www.assodatedpac fk.com
� Page 2 of 3
I%,-7 AL
Pricing:
Coping Repairs: $10,200.00
Wall Extensions: $15,913.00
TOTAL LUMP SUM FOR SCOPE OF WORK $26,113.00
Time of Completion:
Associated Pack Constructors Inc. anticipates the total scope of this work to take 15 consecutive working
days. The anticipated start date will be May the 17th.
Deadline date to perform work will be June 8'".
Liquidated damages:
For each consecutive calendar day after the specified deadline date for the performance of work liquidated
damages shall be the daily sum of $100 per day.
Thank you for this opportunity to provide you a proposal.
If you have any questions please feel free to contact Mike Marchitto, (310) 549 -1961
Sincerely,
Mike Marchitto
Southern Area Manager
Associated Pacific Constructors, Inc.
California Class A General Engineering Lic. #394886
Associated Padac Constructors. Inc.
495 Embamadem
Morro nay, Calitamia, 93442
www.assoGatedpacW9=Dm
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EDGEWATER AVENUE COPING EXTENSION ( @LINDO AVE. STREET END)
1. Extend existing wall on top of existing cop ng to 10' MLLW
2. Extend existing wall at Undo Ave. Street End to 10' MLLW
3. Construct similar wall to ai to 10' MLLW on top of existing coping.
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