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C-4762 - Contract for the Improvement of Public Streets for Fabrication and Installation of New Speed Limit Signs at Various Locations in the City of Newport Beach
CONTRACT FOR THE IMPROVEMENT OF PUBLIC STREETS WITH CHRISP COMPANY FOR FABRICATION AND INSTALLATION OF NEW SPEED LIMIT SIGNS AT VARIOUS LOCATIONS IN THE CITY OF NEWPORT BEACH THIS CONTRACT FOR IMPEMENT PUB IC STREETS ( "Contract ") is made and entered into as of this ROVday OT 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and CHRISP COMPANY, a California Corporation ( "Contractor') whose principal place of business is P.O. Box 1368, Fremont, California, 94538, 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 install new speed limit signs. C. City desires to engage Contractor to remove existing sign posts and speed limit signs and fabricate and install new sign posts and speed limits signs at various locations in the City of Newport Beach ( "Project "). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 45 days business days commencing on March 1, 2011 or upon issuance of the "Notice to Proceed." NOW, THEREFORE, City and Contractor agree as follows: 1. TERM The term of this Contract shall commence on the above written date and shall terminate on May 27, 2011 unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1 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 work as described in the Request for Proposals dated January 13, 2011 ( "RFP "), and follow the Speed Limit Sign Installation and Removal Table, all attached hereto as Exhibits "A" and "B ", and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, 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 Contract, 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. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within 45 business days from the date of issuance of the "Notice to Proceed." Failure to complete the work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 45 business days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars and no /100 ($500.00) for each working day beyond the date scheduled for completion. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor accepts as full payment the sum of Thirteen Thousand, Nine Hundred Thirty -Five Dollars and no /100 ($13,935:00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 5) in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jason Oesterblad to be its Page 2 of 21 Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Bryan Loo or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibits "A" and "B" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 7.2 Contractor shall comply with the terms and conditions of Contractor shall perform all the work as described in the Request for Proposals dated January 13, 2011 ( "RFP "), and follow the Speed Limit Sign Installation and Removal Table, all attached hereto as Exhibits and B, and incorporated herein by this reference (the "Work" or "Services "). 73 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Services in a manner commensurate with 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, a'nd employees (collectively, the "Indemnified Parties ") from and against any Page 3 of 21 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 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 Contractors 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). 8.4 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. 8.5 Contractor shall perform all 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. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. hrisp Compa Page 4 of 21 10. 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. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. INSURANCE 12.1 Without limiting Contractor's indemnification of City, and rip or to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 12.2 Coverage and Limit Requirements. 12.2.1 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. 12.2.2 General Liabilitv. 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. 12.2.3 Automobile Liabilitv. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor Page 5 of 21 arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 12.2.4 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. 12.3 Other Insurance Provisions. 12.3.1 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. 12.3.2 General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 12.3.2.1 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. 12.3.2.2 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. 6of21 12.3.2.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.3.3 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. 12.3.4 Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (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 thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. 12.3.5 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. 12.3.6 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 Contract. 12.3.7 Waiver. All insurance coverage maintained or procured pursuant to this Contract 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. 12.3.8 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. Com 12.3.9 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 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. 12.3.10 City's Remedies. City shall have the right to order the Contractor to stop work under this Contract 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. 12.3.11 Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. 12.3.12 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 with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract 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 (5) days of the expiration of the coverages. 13. BONDING 13.1 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 Contract and in the form attached hereto as Exhibit "C" 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 Contract in the form attached hereto as Exhibit "D" which is incorporated herein by this reference. 13.2 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. crisp Compa Page 8 of 21 13.3 The Contractor shall deliver, concurrently with execution of this Contract, 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 State of California. 14. 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 Contract shall be paid to all workmen employed on the Work to be done according to the Contract 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 Contract. 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. 15. 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. 16. 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. crisp Compa Page 9 of 21 17. CONFLICTS OF INTEREST 17.1 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. 17.2 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. 18. NOTICES 18.1 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Bryan Loo, Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3324 Fax: (949) 644 -3318 E -mail: bloo @newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jason Oesterblad 2280 South Lilac Avenue Bloomington, CA 92316 Phone: 909 - 746 -0356 Fax: 909 - 746 -0354 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably Chrisp Company Page 10 of 21 required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. STANDARD PROVISIONS 21.1 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. 21.2 Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 21.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. hrisp Compar Page 11 of 21 21.5 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 21.6 Effect of Contractor's Execution. Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 21.7 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 21.8 Notice of Claims. Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 21.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 21.10 Interpretation. The terms of this Contract 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 Contract or any other rule of construction which might otherwise apply. 21.11 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Chrisp Company Page 12 of 21 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: OFFICE Of THE CITY ATTORNEY Date: rI 11 By:\ /I !� Leonie Mulvihill Assistant City Attorney ATTES Date: JAA �Brown "ity 2rk �. CITY OF NEWPORT BEACH, A Califor ya paunicipal corporation Date: -0;/// afien G. Badum lic Works Director CONTRACTOR: CHRISP COMPANY, a California Corporation Date: B:., Dat Dave Morris Vice President Kdoer YVeisbrod Vice Pr sident Attachments: Exhibit A — Request for Proposal & Sign Installation Table Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond f'Itempltemplateslcontractslform informal contract for public works projects under 30k 2010 drop downs.dotx Chrisp Compar Page 13 of 21 :*A:I1:111r_1 Request for Proposal to Remove and Replace Speed Limit Signs on City Streets and Speed Limit Sign Installation and Removal Table PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard Newport Beach, California 92663 January 13, 2011 EXHIBIT A SUBJECT: Request for Proposal to Remove and Replace Speed Limit Signs On City Streets The City of Newport Beach is requesting a bid proposal to replace /modify existing speed limit signs to reflect new speed limit changes on specific streets throughout the City. The proposed modification includes removal of old speed limit signs, and fabrication and installation of new speed limit signs. The removal and install quantities, sign dimensions, and locations are included in the attached tables. Traffic control shall be per the latest edition of the Work Area Traffic Control Handbook (WATCH). The scope of work includes: 1. Fabrication and installation of 115 new speed limit signs (Reflective material to be 3M Type IV Sheeting and with new mounting assembly) 2. Removal of 101 existing speed limit signs (to be salvaged to the City) 3. Installation of eight (8) posts (Using 2" Square Unistrut OD on 2 -1/4" Base OD) 4. Removal of three (3) posts All proposals, including cost breakdown, shall be emailed to me at bfooanewportbeachca.gov no later than 5 PM on January 28, 2011. The City will review the received proposals and make a selection by the end of the month. If selected by the City, the Contractor will be required to enter into an Agreement with the City along with the required "Labor and Materials Payment Bond" and "Faithful Performance Bond ". Please refer to the attached Bond information prior to submitting your Proposal. We look forward to receiving your bid proposal. Please feel free to call me at (949) 644- 3324 if you have any questions. Thank you, Bryan Loo City of Newport Beach Traffic Engineering Attachment: Speed Limit Sign Tables City of Newport Beach - Speed Limit Signs Speed Limit Sign Installation and Removal Table (segments with missing or new sign locations a Action Street Name First DOSS Street Secoe nd Co.,, Crozz stet Distance firm clef laud Cross street Post Type Side .f Street Traffic Directian Sign ac s Sign Code Sign size Comments 1 Innall Birch St Bristol SL Quail St 2600. US East NR 802145 24,30 In"allm, new pcn 2 Remove Birch SL Quail St Dove St 252 ft 51 a4337 fast NB R02.1.40 24x30 3 Remove Birch St Dove St Corinthian Wy 240 it 5L a 4355 East NB 802140 24.30 4 install Birch St Dove St Corinthian Wy 240 It 5L 114355 E.SI NB R02 -1.45 24,30 5 Remove Birth St MacArthur Blvd Dove St 359 it SL 04326 Well 5B 1302140 24x30 6 Install birch St MacArthur Blvd Dove St 358h SL 94326 West SB R02145 2460 7 Remove Birch St dove St Quail St 110 It MU Well SB R021 -40 24x30 RemOVe a xnll.1lgnpov 8 Remove Birch St Dove St Quail St 8250. SL 94330 Well S8 R02.1 an 2440 9 Install B',ch St Dove Dt Cecil St ;75 it St. 30 West se R02 -145 24e30 10 Remove Birch St Quail St Bristol St 1340. West se ROZ -1 -40 24x30 Remove exlsrmg signpost 11 Remove Birch St MacArthur Blvd Von Karma. Ave 4231t 03 South EB ROZ 140 24x30 12 Install Birch St MacArthur Blvd Von Barman Ave 423k 03 South EB R02 -1 -45 24x30 13 Remove Birch St Von Kerman Ave Teller A. 2908 23 South EB R02 1 -40 24x30 14 Install Birch St Teller Ave Jamboree Rd 262 IT 51 South EB R02 -145 24,30 15 Install Birch St Jamboree Rd Teller Ave 433 It 48 North WB R02 -1 -45 24x30 16 lRenove BirM St Teller Ave Von Karmen Ave 3160. SL a 4522 North WB R02 -1 -40 24x30 17 Remove Birch St Von Karman Ave MacArthur Blvd 303 It SL d 4511 North we R02 -1-40 24.30 18 Install Birch St Von Karman Ave MacArthur Bbd 3030. SL a 4511 North w8 R02 -145 24,30 19 Remove Campus Dr MacArthur Blvd Von Karman Ave 163 It MU South EB R021 -40 2460 20 Install Campus or MacArthur Blvd Von Karman Ave 1630. MU South EB ROZ -1 -45 24.30 21 Remove Campus Or Von Karman Ave Teller Ave 335 It SL 94533 South EB R02 -1 -40 24.30 22 Remove Campus Or Von Karman AVe Teller AVe 936 It SL a 4536 South EB R02 I40 24.30 23 Install Campus Or Von Karman Ave Teller Ave 936k SL 14536 South E8 R02 -1 -45 241 24 Remove Coast Hwy Jamboree Rd Irvine Terrace SSSIt SL#5035 South f8 ROZ-2.45 36x45 25 Ilratill Coast Al lamboree Rd Irvine Terrace 555 R SL 15035 South EB BUZ 2 -50 3608 26 Install Coast Hwy Irvine Terrace Newport Center or 413 IT US South EB R02 -2 -SO 36x48 Install on new post 27 Remove Coast Hwy Avocado Ave Corporate Plma 412 ft MU North WB R02.2.45 36x45 28 Install Coast Hwy Avocado Ave Corporate Plata 412k Mu North WB R02 -2 -50 36,48 29 Remove Coast Hwy Newport Center or lamboree Rd 656k 51,95048 North WB 0.112 -Z -45 36x45 30 Install Coast Hwy Newport Center or Jamboree Rd 656 ft SL 15048 North WB R02 -250 36x48 31 Install Coast Hwy - Newport Center Dr Avocado Avg 830 it 51,95022 South f8 802 -2.40 36x48 32 Remove Coast Hwy Dahlia Ave MacArthur Blvd 38k SL 5012 North WB 802 -2 -35 36x45 33 Install Coast Hwy Dahlia Ave MacArthur Blvd 38k SL #x012 North VVB R02 -2 -40 36x48 34 IRa..vR I Coast Ave, Morning Canyon Rd Seaward Rd 623 it SL 44283 North WB R02 -2 -35 36.45 35 Install Coast Hwy M ... IRS Canyon Rd Seawartl 0.d 623 it SL 94783 North WB W3.5 -35 48.48 36 Install Coast Hwy Seaward Rd Hazel Or 1500. US North WB 0.02 -2.35 36x48 Install on new past 37 Install Coast Hwy Hazel Or Seaward Rd 320 IT SL #4989 S.mh EB 802 -2 -45 36x48 In sta l l a hove exist; ng signs 38 Remove Coast Hwy Seaward Rd Morning Canyon Rd 328 It MU South EB are 145 36,,45 Remove existing sign post 39 Remove Dove St Scott or Westerly PI 240 It MU South EB R02 -1 -35 24x30 40 Install Dove St Scott Dr Westerly PI 240k MU South EB 0.02.1.40 24x30 41 Remove Dove St Newport Pl or Sowspirit Dr 430 It 51,94395 West 58 fl02 -1 -35 24x30 42 Install Dove St Newport PI Or Bowsprit Dr 430 0. Sl p 4395 West SB 8023 -40 24x30 City of Newport Beach - Speed Limit Signs Speed Limit Sign Installation and Removal Table (segments with missing or new sign locations) : Action Sueet Name First Cross Street Second Cross Street Distance Drum CLof First Crass Street post Type Side of Street Traffic Direction Sign Faces Sign Code Sign S'ue Conunenn 43 Remove Dove St Bowspirit Dr Quail St 476 ft SL: 4435 West SB ROZ -1 -35 2460 44 Install Dove St Bowspirit Dr Quad St 476 ft "SL 44435 West SB R02140 2400 45 Install Dove St Bristol St Quail St 277 it SL 94441 East NO Rob 140 24x30 46 Remove Dove St Newport Pl Or Dolphin Striker Wy 452 it MU East NO R02 135 24.30 47 Install Dove St Nii rl Pl On Dolphin Striker Wy 452 it MU East NO R02 140 24.30 48 Remove Dove St Scott Dr Birch St 47 ft SL: 4361 North I W3 R02135 24x30 49 Install Dove St Scott Or Birch St 47 ft SL: 4361 North WB R02.1 -40 24x30 50 Remove Dover or Coast Harry Cliff Or Ssoft SL:1326 fast NO fal 2,160 51 Install Dover Or Coast HwyE Cliff Or SSOft SL: 1326 East NB P02145 2400 52 Remove Dover Or Cliff Or 16th St 241 it MU East N8 R02 -140 24x30 53 Install Levi Cliff Or 16th St 241 ft MU East NO R02 -145 24x30 54 Remove Dover Or Castaways LB Westdiff IT 215 ft SL: 2205 East NO R021 -40 24x30 55 Install Dover Or Castaways In Westdiff Dr 2158 SLp 2205 Ea" NB R02 -1 -45 24x3o 56 Install Dover Or Wei or 16th St 563 ft SL %1342 west 58 R02 -1 -45 24.30 57 Remove Dover Or 16th St Cliff Or 240 ft SL :1336 west S8 R02140 24.30 58 Install Dover Or 16th St Cliff Or 240 it SL :1336 West SB R02145 24.3 0 59 Install Dover Or Cliff or Coast Hwy ISO ft US West 5B R02 -1 -45 2400 Install on new Dnst 60 Install Dover Or Irvine Ave Mariners Or 183 ft 5L: 1473 South ED R02-130 24.30 Speed Limit is not Ch a ruing 61 Remove Irvine Ave Bristol St Mesa or ' BOB 0. SL West SB R02 -1 -45 24x30 County Street Light 62 Install Irvine Ave Bristol St Mesa or - 300 1 SL West SO R023 -50 2400 County Street Light 63 Install Irvine Ave Mesa or Bristol St soft US East N8 R02 -1 -50 24,30 Install on new post 64 Remove Irvine Ave Dover Or Linda Lin 390 ft SL: 1606 East Na R02 -1 -35 24x30 65 Install Irvine Ave Dpver or _ Linda LB 390k SL 1606 East NO 8021 -40 24.30 66 Remove Irvine Ave Baycrest Rd Holiday Rd 187 ft SL 91669 East N8 R021 -35 24.30 67 Install Irvine AVe Baycrest Rd Holiday Rd 197 ft SLp 1669 E4st NB 802140 24,30 68 Remove Irvine Ave Francisco or Santiago or 395 It St. :1984 East NO 0.02-1-35 24x30 69 Install Irvine Ave francs. Dr Santiago or 395 It SL: 1984 East NB R021 -40 24x30 70 Install Irvine Ave Santiago or Windward Ln 4320. SL 41998 West s8 R02 -1.40 71 Install Jamboree Rd Back Bay on Santa Barbara on 240 ft SL 42895 East NB R02 -2 -55 72 Remove Jamboree Rd Back Bay Or Santa Barbara or low ft SL 42891 East NB R02 -1-50 73 Remove Jamboree Rd Sea Vista Or Santa Barbara Or 1570 ft SL :2877 East NB R02 -1 -50 74 Install Jamboree Rd Sea vista Or Santa Barbara or 1570 ft SL :2877 East NO R02 -2 -55 r 75 Remove Jamboree Rd Santa Barbara or Back Bay Or 173 ft SLp7 @S West SB R02 -1 -50 Made 76 Install Jamboree Rd Santa Barbara Dr Back Bay Dr 173It SL :7421 West 58 R02 -2 -55 77 Install MacArthur BNd Harbor+/ew Dr San Miguel Or 105 ft SL 47251 East NO RULb55 78 Remove MacArthur Blvd San Mlguel0r San Joaquin Hills Rd 3600. SLp 3839 East NB 0.02 -2 -50 79 Install MacArthur Olvel San Miguel Or San Joaquin Hills Rd 3601 SLp 3839 fast NB ROZ-2 -55 x so Remove MatArthot Blvd San Joaquin Hills Rd San Miguel or 315 It SLJ17235 West SB R02 -2 -50 36x45 91 Install MacArthur Blvd San Joaquin Hills Rd San Miguel Or 3151 SL :7285 West SB R02 -2 -55 36x48 82 Remove MacArthur Blvd San Miguel or Coast Hwy 3851 SL 47269 West SB R02 -2 -50 36x45 83 Install MacArthur Blvd San Miguel or Coast Hwy 385 ft SL 9 7269 West S8 Rol -2 -55 36x48 City of Newport Beach - Speed Limit Signs Speed Limit Sign Installation and Removal Table (segments with missing or new Sign locations) p Action Street Name OSS Street First Cross Second Cross Street from CLOI first Crass sweet Post Type Side of street Traffic Direction Sign Faces Sign Code 551, Size Comments 84 Remove MacArthur Blvd Jamboree Rd Van Harman Ave 565 it SL n 4466 East N8 R02 -2.50 36,45 85 Install MacArthur Blvd Jamboree Rd Von Korman Ave 565 fl 5Jt 4466 East NB R02255 36,48 86 Install MacArthur Blvd Von Farman Ave Birch St 276 it SL 4487 East NS R02 -2.55 76.48 87 Remove MacArthur Blvd Birch St Campus Or 264h Ap4500 East NO R022 50 ffi0$ 88 Install MacArthur Blvd Birch St Campus 0, 264h SL a 4500 Fast NB R02 2 55 36,48 89 Remove MacArthur Blvd Campus Dr Birch St 365h SL 14324 West 56 RObb50 36.4S 90 Install MacArthur Blvd Campus Dr Birch St 365h SL a 4324 Wes SB R02 2 55 361'48 91 Remove MacArthur Blvd Birch St Corinthian Wy 248 it SL a 4371 West 5B R02 -2 -50 36x45 92 Install MazArthm Blvd Birch St Corinthian Wy 248h SL 4371 West 5B R022 -55 36,48 93 Remove MacArthur Blvd Newport PI Or Bowsprit Dr 220 ft SL a 4384 West Se 802250 36x45 94 Install MacArthur Blvd Newport Pi Or 8owspirit Dr 220 it SL p 4384 West Se R02 2 55 36x48 95 Install Mesa or Irvine Asa Acacia St 475 ft SL a 7702 South EB R02-1 45 24.30 Innaa Above Existing" No Parking Anyrine "sign 96 Remove Mesa Dr Irvine Ave Acacia St 1275h SL N 7704 South EB R02 -1 -40 24x30 97 Install Birch St Orchard Or 0risml St 125 ft MU East NO R02 -145 24x30 Install Above Existing No Slopping Mylime' xign 98 lRemove I Birch St Brlstol St Orchard or 242 ft SL 7724 West SB R024 -00 24x30 99 Install Birch St Bristol 51 Orchard Or 242 it SL 7724 West SB BUZ 145 24.30 100 Install Mesa Or Acacia St Irvine Ave 315 it SL A7736 North we R02 -145 24x30 101 Remove Newport Ridge RIC W San Joaquin Hills Rd Crestridge 353 ft SL East NB ROE 140 24x30 102 Install Newport Ridge Ch San Joaquin Hills Rd Crestridge 353 it SL East NB ROZ -1 -45 24x30 103 Remove Newport Ridge or St Michel Montserrat 109 it SL North WB R02 -140 24x30 104 Install Newport Ridge a St Michel Montserrat 109 ft SL North WB R02 -1 -45 24x30 105 Remove Old Newport Blvd Catalina or Westminster Ave 1158 MD East NB R02 -1 -30 2400 106 Install Old Newport Blvd Catalina Or Westminster Ave 1 115 ft MU East NB R02135 2030 1D7 linstall I Old Newport 8lvd Weemmster Ave Orange Ave 190 FC US East NB ROZ -1 -35 24x30 Install on new post 108 Remove Old Newport Blvd 13th St Orange Ave 9511 MU West SB R02 -1.30- 24x30 109 Install Old Newport Blvd 15th St Orange Ave 95 ft MU West SB RO2 -1 -35 24x30 110 Install Old Newport Blvd Wesminster Ave Catalina Dr 70 ft MU West SB R02d -35 24x30 Install on new post on curb island Sto Hospital Rd 111 Remove Pelican Hills Rd S Newport Coast or Pelican Hill Cir S 1585 ft SR Frames East NB R02 -105 24x30 Install in existing special framed DOSt 112 Install Pelican Hills Rd S Newport Coast or Pelican Hill Or 5 1585 It SP. Frames East NB R02 -145 24x30 Install existing special framed post 113 Remove Pelican Hills Rd S Newport coast Or stil nHill CirS W80 ft SP. Frames East NO R02 -1 -40 24x30 Install in existing speclal Pamel post 114 Install Peliom Hills Rd Newport Coast Or Pelican Hill Cir S 4080 ft SP. Frames East NB R02 -145 24x30 Install in existing special framM post 115 Remove Pelican Hills Rd 5 Pelican Hills Cir S Newport Coast Or 1 495 ft SP. Frames West 58 R021 -40 2400 Install in existing special rramatpost 116 11mvill I Pelican Hills MS Pelican Hills Gr5 Newport Coast or 495 ft SP. Frames West IS R02 -1 -45 2400 Install is existing special framal post 117 Install Pelican Hills Rd Pelican Hills Cir S Newport Coast Or 229011 SP. Frames West SB R02 -1 -45 2400 Install on new post 118 Install San Joaquin Hall Rd MacArthur Blvd Santa ROSa Or -550 ft MU North WB R02 -1 -50 2400 Install Above Existing 'No Parking Anytime' sign 119 Remove San Joaquin Hills Rd Santa Cruz Or Jamboree Rd 260 ft MU North WB Al 2430 120 Install San Joaquin Hills Rd Santa Cruz or Jamboree Rd 260 it MU North WE R02 -1 -50 24x30 121 Remove San Joaquin Hills Rd Jamboree Rd Santa Cruz or 396 it MU South EB R02 -145 24. 30 122 Install San Joaquin Hills Rd Jamboree Rd Santa Cruz or 396 it MD South EB R02d -50 2400 123 Remove San Joaquin HII15 Rd Santa ROSa Or Matfxrthur Blvd 433 it MU South ED R02.1-45 24x30 124 Install San Joaquin Hills Rd Santa Rasa Or MarAnhur Blvd 433 ft MU South EB R02 -1 -50 24x30 City of Newport Beach - Speed Limit Signs Speed Limit Sign Installation and Removal Table )segments with missing or new sign locations) p Action Street Name First Cross Street Second GOSZ Street Distance romcl of First irst Ce Crozz Street Pos[Type Side of Street Traffic Direction Sign fates Sign Code Sign Sire C.-men" 125 Install San Joaquin Hills Rd Marguerite Ave Spyglass Hills Rd 256h SLR 3751 South EB R02 -285 36.48 126 Remove San Joaquin Hills Rd Spyglass Hills Rd Marguerite Ave 240 ft SL 3767 North WB ROZ 1 -50 24x30 lU Install San Joaquin Hills Rd Spyglass Hills Rd Marguerite Ave 240 It SL53767 North WB R02255 36x48 128 Remove University Dr Jamboree Rd in Vida 350h MU South EB R021.45 24.30 129 Install University Dr Jamboree Rd La Vida 350 ft MU South Ell R02 1S0 24x30 130 Remove University Or la Vida East City firms 410 it SL 2338 South EB R02150 2430 131 Install University Dr 38 MacArthur Ramp la Vida -100 ft WD North WB R02 50 24x30 Install Above Folding No Parking Anytime' sign 132 Remove Vista Del Oro Eastbluff Dr hd Vista Umbrosa E 375 It SL R Z404 North WB R02 1 25 133 Install Vista Del Co Eastbluff Or (N) Vista UmbrosaE 375 If SL 2404 North WB R02 -1 -30 134 Remove Vista Del Oro Vista OrnadeW Vista NOblexaN 74 ft MU West SB A021 -25 13S Install Vista Del Oro Vista Dorado Vista NOblezaN 74 ft MU West SB R021 -30 136 Remove Vista Del Oro Vista Madera Vista Roma E 127 ft SL Js 2423 South E8 R02 t 25 "24t30 137 Remove Vista Del Oro Vista OrnadaW Vista SUenaw 402 ft MU South EB R02 -1 -25 138 Install Vista Del Om Vista Omada W Vista Sucna W 401 If MU South EB R02 -1 -30 139 Remove Vista Del Oro Vista Umbrosa E Eastbluff Or 45 h SLk 2405 South ER R02 -L25 140 Install Vista Del Oro Vista UmbrozaE Eastbluff or 45 it SL 2405 South ER Pohl -30 City of Newport Beach - Speed Limit Signs Speed Limit Sign Table - Segments w/ Replacements Only 4 Street Name Segment Between Existing Sign Code Replace w/ Sign Code Size of New Sign Qty of Signs to Replace Comments i Bison Ave Jamboree Rd & MacArthur Blvd R02.1 -40 R02 -1.45 24x30 2- 2 Dover Dr Westcliff Dr & Irvine Ave R02 -1 -30 R02 -1 -35 24x30 5 3 Ford Rd Jamboree Rd & MacArthur Blvd R02 -1 -45 R02 -1.50 24x30 4 4 Hospital Rd Superior Ave & Newport Blvd R02.1 -30 802 -1 -35 2400 2 5 Irvine Ave Westcliff Dr &Dover Dr R02 -1 -35 R02 -1 -40 24x30 1 6 Jamboree Rd Ford Rd & San Joaquin Hills Rd R02 -1 -SO R02 -2 -55 36x48 2 7 Jamboree Rd Bison Ave & Ford Rd R02 -1 -50 R02 -2 -55 36x48 2 8 Jamboree Rd University Dr & Bison Ave R02 -1 -50 R02 -2 -55 36x45 2 9 Jamboree Rd University Dr & MacArthur Blvd R02 -1.50 R02 -2 -55 36x48 3 10 Jamboree Rd Campus Dr& MacArthur Blvd R02 -1 -50 R02 -2 -55 36x48 1 11 San Joaquin Hills Rd MacArthur Blvd & Marguerite Ave R02 -1 -45 R02 -1 -50 24x30 6 Do not replace 25 MPH School sign 12 San Miguel Dr Ford Rd &San Joaquin Hills Rd R02 -1 -45 R02 -1 -50 24x30 6 13 Santa Barbara Dr Jamboree Rd & Newport Center Dr I R02 -1 -40 I R02 -1 -45 1 2400 2 Total 38 EXHIBIT B eamp Rialto i6p � REVISED 2280 South Lilac Ave Bloomington Ca 92316 Phone: (909) 746 -0356 Fax: (909) 746 -0354 EXHIBIT B Contractors License No. 374600 A General Engineering C -13 Fence, Wire, wood C -32 Highway Improvement Quotation Union Contractor / No minority Status TO: Current Date: 2/312011 For the intended use of the General Contractor Bid Date: 1/28/2011 JobName: Speed Limit Sign Replacement Location: NEWPORT BEAC Bid #: 11284 0 Phone: ( ) - Fax: ( ) - Contract#: Job# Contact: Working Days: email: Liquidated Damages ITEM NO. DESCRIPTION ;QUANTITY UNIT UNIT PRICE TOTAL 1 Install Speed Limit Signs (Installation and Fabrication) 115 EA 90.000 $10,350.00 2 Remove Existing Speed Limit Signs 101 EA 25.000 $2,525.00 3 Install New Sign Post 8 EA 110.000 $880.00 4 Remove Sign Post 3 EA 60.000 $180.00 Notes Please not that the signs on Pelican Hills Rd will be mounted on existing special framed post Written Authorization Is Required Prior to Proceeding With Work ACCEPTED BY: P.O. Number TITLE: Job Number This quote includes all stipulations found on page 2 Page 1 of 2 Bond Rate 1.5 Addendums $13,935.00 QUOTE PREPARED BY Jason Oesterblad CHRiSP COMPANY Mario urrice 2280 South Lilac Ave Bloomington Ca Phone: (909) 746 -0356 Quotation 92316 Fax: (909) 746 -0354 Contractors License No. 374600 A General Engineering C -13 Fence, Wire, wood C -32 Highway Improvement Union Contractor/ No minority Status COMMENTS, EXCLUSIONS, AND STIPULATIONS The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated January 26, 2011 for the following project Speed Limit Sign Replacement . NO RETENTION TO BE TAKEN . 1 Move- In(s) included. Additional Move- Ins $2,500.00 . Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date . EXCLUDE: Installation or removal of temporary delineation • Clean, clear and unobstructed access required for Chrisp Co, work • Final PAY QTYS presented by owner MUST be agreed by Chrisp Co. • Changeable Message board if required to be provided by General Contractor for Chrisp Co. Use at no Charge to Chrisp Co. EXCLUD =: frar% ='.e Con'irot amen EXCLUDE: Removal of Existing Striping & Markings o EXCLUDES Installation of Mast Arm Signs Traffic Control INCLUDED for Chrisp Company work ONLY After receiving contract 10 working days written notice required prior to scheduling of work • EXCLUDE: Special Insurance Requirements,(i.e. Railroad Insurance, • EXCLUDE: ALL Solar Powered LED Signs to be Done By Others • EXCLUDE: Construction Area Signs • This quotation excludes Primary Liability Insurance greater than $2,000,000. • This quotation excludes all work associated with the project SWPP and WPCP. • EXCLUDE: Encroachment Permit (If required to be provided at No Cost to Chrisp Company) Page 2 of 2 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 105540331 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Chrisp Company, hereinafter designated as the "Principal," a contract for the Fabrication and Installation of New Speed Limit Signs located at various locations 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, Travelers Casualtv and Suretv Company of America dilly 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 Thirteen Thousand, Nine Hundred Thirty -Five DOLLARS AND N01100 ($13,935.00) 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 arnounts required to be deducted, withheld and pard 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 Cade of the State of California EXHIBIT C 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 tPrrns 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_ Inthe 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 1,;tb day of February 2011, David L. Morris &VV V, . . . . . . . .............. ................. ........... . .... . . ..... Chrisp Company (Principal) �Authorized Sig - n I a . t . u ". r 1. e 1. 1 . Title Travelers Casualty and Surety, Company of America ..... . Travelers............ .............. --- -- .............. . . ..... Name of Surety 100 California Street, Suite 300 San Francisco, CA 94111 Address of Surety 4115-732-1482 Telephone Lit origent ent §iqni—ati�WW"' rg 2 e Betty, L. Tolentino, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHEI-) CALIFORNIA ALL-PU RPOSE-ACKNOWLEDGM ENT State of California County of San Francisco On 2/15/2011 before me, Janet C. Rojo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino Names) of Signer(s) JANET C. ROJO 0 ' COMM. #1867590 '9 0 s� NOTARY PUBLIC -CALIFORNIA SAN FRANCISCO COUNTY My Comm. Expires Oct. 9, 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. LSignature— Signature my han and official seal. Place Notary Seal Above ofNotary Public 0' Though the information below, is not required by lat1; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact . a - LI Trustee Top of thumb here i I ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I _I Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General LAttorney in Fact - Trustee Top of thumb here Guardian or Conservator L Other: Signer Is Representing: a' v� U a, dG�, ✓e'U e�d a- � d e� tv - a ,d a a, e+ as CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - ��'.�. State of California County, of Alameda On c ` 1 before me, Jennifer W: Collin� No ar�r Pub] ; r - Date Here Insert Name a title of the Officer ' t personally appeared. A, L Name(s) of Signer(s) v 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 �IllBllnpppppppJENIFER .INS a instrument the person(s), or the entity upon behalf of = JENNIFER W. COLLINS = COMM. # 1848800 $ which the person(s) acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA to LL ` ALAMEOA COUNTY = MyComm.Exp.May 16,2013= I certify under PENALTY OF PERJURY under the laws ®1111 VIII VIII IIIIIIII VIII I I IIIIIIIIIIIII Illi I Itllllllllll IIIIIIIIIII® of the State of California that the foregoing paragraph is true and correct. WITNESS hand and off'ial sea . Place Notary Seal Above Signatu Signal a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form, to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nal ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 EY POWER OF ATTORNEY J Farmington Casualty Company St. Paul Mercury Insurance Company TRAVELERS Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220612 Certificate No. 003646405 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan Hecker, Maureen O'Connell, Robert Wrixon, Brian F. Cooper, M. Moody, Betty L. Tolentino, Janet C. Rojo, J. M. Albada, and Virginia L. Black of the City of San Francisco , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of May 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pASU,( � ��F1RE p4WW 'Os�' 3° a 19.'°8Rf2�jb(" (�.e ;.n a��id1�'�- 9pvo7,,• 17 •�•0 g WC1d9{PJ5RA1TfDG� 3„4ry�2 J' 9 -V j0"^�re; or��a �>A9c zm € N� ela9 1.o,,m_ n dj�j„�Q4o';.�,e •.�.P•:SEAL q.I•.f'.9x;a':2y:.`km3 ck,; l W° p OyJHPA�cRtOTYFHAOHHR. OD s Ga 9�o 3t7a�l/•%HNACa"H.�,aT,_S'Frv V.OH.g\FW.•r7�r��\,��1 �`� �"`7�tlO\ o�E�1iT 8Y9�6� �C ,vgt � State of Connecticut City of Hartford ss. By: GeorgThompson, enior ice President On this the 4th day of May 2010, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ertin In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. WARNING: TH Marie C. Tetreault, Notary Public IS INVALID WITHOUT THE RED BORDER CITY OF NEWPORT BEACH BOND NO. 105540331 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is S 162.00 -- -----....._._ , being at the rate of $ 11.66 P<., thousand of the Contract price. WHEREAS, the City of Newport Beach; State of California, has awarded to Chrisp Company hereinafter designated as the "Principal," a contract for the Fabrication and Installation of New Speed Limit Signs located at various locations 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 •I;raveiers Casuri!H and „tiurety Company of America 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 sure 'of Thirteen Thousand, Nine Hundred Thirty -Five DOLLARS AND N01100 ($93,935.00) 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, fait 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 sura 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 EXHIBIT D 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 pet -formed 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 15th --_-'day of February 2011. David L. Morris ........ .............. . ............... .111 .. ...... . ... . ............ .. Chrisp Company (Principal.) Travelers Casualty and Surety Company of America I .. ......... I . . ...... . .............. Name of Surety 100 California Street, Suite 300 San Francisco, CA 94111 Address of Surety 415-732-1482 Telephone u� PA, Authorized Signature/Title AAuthortz5ed Betty L. Tolentino, Attorney -in -Fact Print Name and Title NO FAR Y ACKNOWLEDGMENTS OF CONTRACTORAND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT State of California County of San Francisco On 2/15/2011 before me. Janet C. Rojo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino, Name(s) of Sioner(s) JANET C. ROJO V- COMM. #1867590 M 0 •► NOTARY PUBLIC -CALIFORNIA 0 SAN FRANCISCO COUNTY -► Niy Gnmm. �cpir�� Oct. 9.2 , 201 Place Notary Seal Above 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. WITmy hand nd/official seal. Signature Signature of Notary Public OPTIONAL Though the information below, is not required by lath, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): U Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: — — i ^c—nc cnc Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee Top of thumb here Guardian or Conservator ❑ Other: Signer is Representing: I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County f Alameda On Date Personally appeared 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 �uuuuuuuununmunuuunnuunnuuuuulllllnllllll� capacity(ies), and that by his/her/their signature(s) on the JENNIFER 1848800 48800 = COMM. # 1instrument the person(s), or the entity upon behalf of H � NOTARY PUBLIC • CALIFORNIA ` ALAMEDA000NTY _ which the person(s) acted, executed the instrument. My Comm. Exp. May 16, 2013 �Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllle I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS!R;Signa4-1 offiseal. Place Notary Seal Above Signature f Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 7QF HUMBPRINT SIGNER humb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org fltem #5907 Reorder: Call Toll -Free 1-800-876-6827 2/22/2011 21:03 Remote ID Imprint ID D 2/10 - CERTIFICATE OF LIABILITY INSURANCE 02/2M/2011V) oz /zz /a011 PRODUCER LIC #0726293 1- 925- 299 -1112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher a Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3697 Mt. Diablo Boulevard, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Lafayette, CA 94549 SFBAYAREA CERTS @AJG.COM INSURED Chrisp Company INSURERA OLD REPUBLIC GEN INS CORP 24139 EACH OCCURRENCE $ 1,000,000 NSURER B: X COMMERCIAL GENERAL LIABILITY 43650 Osgood Road INSURER C. INSURER D: $ 100,000 Fremont, CA 94539 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. INSR TR DD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/1'YYV I POLICY E%PIRATION DATE MI LIMITS • X GENERALLIABILITY AICG99131000 12/01/10 12/01/11 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurrenre $ 100,000 CLAIMS MADE ITI OCCUR MED EXP (Anyone Person) $ 51000 PERSONAL &ADV INJURY $ 1,000,000 X BI /PD: $10,000 DED /OC GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO LOC JECT • AUTOMOBILE LIABILITY MY AUTO AICA99131000 12/01/10 12/01/11 COMBINED SINGLE LIMIT (EaavJdeni) $ 1,000,000 X BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILYINJURV (Per accident $ HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (Peracc1den0 $ COMP DED: $1,000* X COLL DED: $1,000* GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ • WORKERS COMPENSATION AND EMPLOYERS'LIASILITY YIN ANY PROPRIETORIPAWNEWENECUTIVE❑ AlCW99131000 - 12/01/10 12/01/11 X I WCSTATU- OTH- LMTS E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? - E.L. DISEASE - EA EMPLOYEE $1,000,000 (ManialoryinNH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Chrisp Job #2N.1502; RE: Speed Limit Sign Replacement, Newport Beach. ADDITIONAL INSURED (9): City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers. Note: Installation Floater certificate to follow under separate cover. IOn nL.1r I� nvw In - ie -usx rv`Lil icc evn r. rnnmuum Chrisp Job #2N.1502 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP I RATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL FNN I4XMAIL 30* DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MRT.XKNR9X%109 l7$e1WXXX Box 1766 port Beach, CA 92658 -8915 AUTHORIZED REPRESENTATIVE USA All rights reserved. 19855843 The ACORD name and logo are registered marks of ACORD 2/22/2011 21:03 Remote ID Imprint ID 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 This 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. AGUKU ZJ (ZUUWU "I) ❑ 3/10 2/22/2011 21:03 Remote ID Imprint ID D 4110 SUPP (05104) DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 02/22/2011 NAME OF INSURED: Chrisp Company Addifional Descrintion of Onerafions/Remarks from Page 1: Additional Information: GENERAL LIABILITY: • Additional Insured if required by written contract per attached Form CG2010 0704 • Additional Insured if required by written contract per attached Form CG2037 0704 • Coverage is Primary /Non - Contributory if required by written contract per attached CGENGN0029 0906 • Waiver of Subrogation if required by written contract per attached Form CG2404 1093 AUTOMOBILE LIABILITY: * Waiver of Subrogation if required by written contract per attached Form CAENGN0021 0906 WORKERS' COMPENSATION: • Covered States: California, Nevada, Oregon • Waiver of Subrogation if required by written contract per attached Form WC990315 0906 SUPP (05104) 2/22/2011 21:03 Remote ID Imprint ID POLICY NUMBER: AICG99131000 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to Iiabilityfor "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage 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. CG 20 10 07 04 9 ISO Properties, Inc., 2004 D 5/10 2/22/2011 21:03 Remote ID Imprint ID POLICY NUMBER: AICG99I3I000 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY _ WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the" prod uGts-com pleted operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 D 6/10 2/22/2011 21:03 Remote ID Imprint ID OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured CHRISP COMPANY Policy Number A1CG99131000 Endorsement No. Policy Period 12/01/10 to 12/01/11 Endorsement Effective Date: 12/01/10 Producer's Name: ARTHUR J. GALLAGHER & CO. INSURANCE BROKERS OF CA, INC. Producer Number: LICENSE #0726293 CG EN GN 0029 09 06 D 7/10 2/22/2011 21:03 Remote ID Imprint ID NAMED INSURED: Chcisp company POLICY NUMBER: AlCG99131000 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 r 2/22/,2011 21:03 Remote ID Imprint ID ❑ 9/10 OLD REPUBLIC GENERAL. INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL! IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING, BUSINESS AUTO COVERAGE FORM The following is added to Section IV — Business Auto Conditions, A_ — Loss Conditions, 6. — Transfer of Rights of Recovery Against Others to Us: However, we will waive any right of recovery we have against any person or organization whir whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or lase" it (1) The "accident" or "toss" is due to operations undertaken in accordance with a Written contract existing between you and such person or organizatiom and (2) The contract or agreement was entered into prior to any "accident" or "loss." No waiver of the right of recovery wig directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Named Insured CHRISP COMPANY Polrcy Number A1CA99131000 Endorsement No. Policy Period 12/01/10 to 12/01/11 Endorsernent £#%ctive Date: 12/01/10 Producer's Name: ARTHUR J. GALLAGHER & CO. INSURANCE BROKERS OF CA, INC. Producer Number: LICENSE #0726293 CA EN GN 002109 06 2/22/2011 21:03 Remote ID Imprint ID OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE B 10/10 We have the right to recover our payments from anyone liable for an Injury covered by this.policy. We will not enforce our right against the person or organiza0on 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule_ Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured CHRISP COMPANY Policy Number Al CV Endorsement No. Policy Period 12/01/10 to 12/01/11 Endorsement Effectiva Date: 12/01110 Producer's Name: ARTHUR J. GALLAGHER & CO. INSURANCE BROKERS OF CA, INC. Producer Number: LICENSE #0726293 WC 99 03 15 (09/06) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/23/2011 Dept. /Contact Received From: Joel Date Completed: 2/23/2011 Sent to: Ruby By: Joel Company /Person required to have certificate: Chrisp Company I. GENERAL LIABILITY A. INSURANCE COMPANY: Old Republic Gen Ins Corp B. AM BEST RATING (A-: VII or greater): A, IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes r7X No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes FXJ No 0 F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes OX No 0 G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes FXJ No 0 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 0 No 0 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. Will mail II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic Gen Ins Corp B. AM BEST RATING (A-: VII or greater) A, IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes FX No 0 D. LIMITS (Must be $1M min. Bl & PD and $500,000 UM, $21VI min for Waste Haulers): What is limit provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes n 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. Will mail Ja0110 "I fr.P A. INSURANCE COMPANY: Old Republic Gen Ins Corp B. AM BEST RATING (A-: VII or greater): A, IX C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes 0 No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Yes EK] No NOTES: Received ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS CG 20 37 07 04 2123/11 Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Requires approval /exception /waiver by Risk Management Comments: Approved: Risk Management Date February 23, 2011 Date B &B initials ACTION OF THE BOARD OF DIRECTORS OF CBRISP COMPANY The undersigned, being all the directors of Chrisp Company, a California corporation (the "Corporation") do hereby consent to the adoption of the following resolutions without a meeting of the Board of Directors, pursuant to the California Corporations Code Section 307(b) and the Bylaws of the Corporation: APPOINTMENT OF DIRECTOR WHEREAS, pursuant to Section 1.2 of Article I of the Corporation's Bylaws, the authorized number of directors constituting the Corporation's Board of Directors is four (4); WHEREAS, the Board of Directors has received the resignation of Tom Fannin as a director of the Corporation effective December 31, 2007, leaving the Corporation with only three (3) directors currently in office; WHEREAS, pursuant to Section 3.10 of Article III of the Corporation's Bylaws, a vacancy on the Board of Directors created by resignation of a director may be filled by a majority of the directors then in office, though less than a quorum; NOW, THEREFORE, BE IT RESOLVED, that the remaining directors hereby appoint Rabi Joseph to serve as a director of the Corporation to hold office until the next annual election and until his successor is duly elected and shall qualify, unless sooner displaced in accordance with such Section 3.10; and RESOLVED, FURTHER, that the officers of the Corporation are authorized and empowered to take all actions, and to execute such further instruments, as they shall deem necessary, appropriate or expedient to carry out the terms of these resolutions. ELECTION OF OFFICERS RESOLVED, that the following persons be, and they hereby are elected and appointed as the officers of the Corporation, to serve in the offices designated below, and to serve at the pleasure of the Board of Directors of the Corporation until the next annual organization meeting of the Board of Directors, or until their successors are elected and qualified: MMB:7042- 002:850020.1 NAME OFFICE ROBERT P. CHRISP PRESIDENT DAVID MORRIS VICE- PRESIDENT ROGER WEISBROD VICES- PRESIDENT TAMMIE ALLISON SECRETARY, TREASURER IN WITNESS WHEREOF, the undersigned directors have executed this Action of Board of Directors, effective as of December 31, 2010. ROBERT CHRTSP, Director 0)"'0eM-, DAVID MORRIS, Director 9719 S. Santa Fe Springs Road Santa Fe Springs, CA 90670 Phone 213-798-7024 Customer: City of Newport Beach Attention: Mr. Bryan Loo Quotation DATE January 28, 2011 Quotation # 1777 Fax 562-9414643 Purchase Order # Thank you for the opportunity to submit the following quotation. Quotation valid until. March 31, 2011 Prepared by., Barry McGrath ritilty 81 Fabricattion and installation of new speed limit signs. $135.91 $11,008.71 (R2-1 .080" x 24" x 30" 1 MPH as specified / 3930 HIP) 34 Fabricattion and installation of new speed limit signs. $185.39 $6,303.26 (R2-1 .080" x 36" x 48" / MPH as specified / 3930 HIP) 101 Removal of existing speed limit signs (salvage by city) $31,25 $3.156.25 8 Installation of new 2" x 2" perforated post With anchor in $667.97 $5,343.76 ground. Estimate includes 12" core in sidewalk with a 12" x 301' footing with anchor in concrete 3 Removal of existing sign post - cut flush to grade and fill $187.50 $562,50 2" square sleeve with non-shrink grout. Sub-Total $26,374,48 Sales Tax Total .48 THANK YOU FOR YOUR BUSINESSI Proposal Submitted to: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIF. 92663 -3816 ATTN: BRYAN LOO Phone: 949- 644 -3324 (Date: 1 -28 -11 FAX: 949 - 650 -0747 We hereby submit specifications and estimates for: PROPOSAL ORANGE COUNTY STRIPING SERVICE, INC. 183 N. Pixley Street Orange, Calif. 92868 Contractors License No. 346095 C -32 (714) 639 -4550 FAX (714) 639 -6353 AND REPLACE SPEED LIMIT SIGNS ON CITY STREETS of Plans: ITEM DESCRIPTION ESTIMATED UNIT EXTENDED QUANTITY UNIT PRICE AMOUNT FURNISH AND INSTALL 24 "X30" SIGN PANEL 81 EA $152.000 $12,312.00 FURNISH AND INSTALL 36 "X48" SIGN PANEL 33 EA $246.000 $8,118.00 FURNISH AND INSTALL 48 "X48" SIGN PANEL 1 EA $325.000 $325.00 FURNISH AND INSTALL 2" UNISTRUT POST 8 EA $150.000 $1,200.00 REMOVE & SALVAGE TO CITY, EXISTING SIGN 101 EA $45.000 $4,545.00 REMOVE & SAVAGE EXISTING SIGN POST 3 EA $85.000 $255.00 TOTAL $26,755.00 ATTACHMENT: O.C.S.S. TERMS AND CONDITIONS INCLUDES: 1 MOVE -IN / $660.00 EA. ADDITIONAL TRAFFIC CONTROL FOR OUR WORK ONLY WE PROPOSE hereby to fumish material and labor- complete in accordance with above specifications, for the sum of: TWENTY -SIX- THOUSAND SEVEN- HUNDRED FIFTY -FIVE DOLLARS"*""""*"'"" " " " " "'.. "' " " "` " "' "` " " " " " " " " " " "` «00/100 Payment to be made as follows: NET 30 DAYS ORANGE COUNTY STRIPING Authorized Signature 6P,,,, Ms, RON WILCOX NOTE: This proposal is void if not accepted within 60 days. ATTORNEYS FEES: If an action is fled by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover a reasonable attorney's fee in addition to any other relief granted by the court. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Print Name Title Signature of Acceptance Date ESTIMATE Gra ®lla & Sons Construction Co., Inc. P.O. Box 949 Gen Ctr: City of Newport Beach Azusa, CA 91702 Traffic Engineering (626) 334 -6634 3300 Newport Boulevard, Newport Beach, CA 92663 Fax: (6266) 334 -5591 Attn: Bryan Loo License #514132 -A Ph: (949) 644 -3324 Email: bloo @newportbeachca.gov drioolia(a2ver zon.net Notes: This estimate is base on prevailing wages Offsite Date: 01/25/11 Project: R &R Speed limit Signs on City Streets Various Locations Newport Beach, CA Ouan Fontana Amount Total N/G Install 115 new speed limit signs @ various locations w/ reflective material & hardware @ 115 ea. $ 175.00 $ 20,125.00 N/G Remove & Salvage 101 existing speed limit signs @ 1 I.S. $ 5,050.00 $ 5,050.00 N/G Sawcut, Remove, Grind flush & Concrete patch 3 existing sign posts @ 3 ea. $ 125.00 $ 375.00 N/G Supply & Construct 8 new sign posts w/ 2" square post & 2" 1/4 sleeve @ 8 ea. $ 165.00 $ 1,320.00 Sub Total $ 26,870.00 N/G Bid Bond @ $ 950.00 Grand Total $ 27,820.00 Grigolla Sons Const., Co., Inc. 1