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C-4833 - Contract for the Construction of Public Works for Repair of Damaged Block Wall Near the Intersection of West Coast Highway and Bayside Drive
Ii CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORKS WITH SUNNY HILLS RESTORATION FOR REPAIR OF DAMAGED BLOCK WALL NEAR THE INTERSECTION OF WEST COAST HIGHWAY AND BAYSIDE DRIVE THIS CONTRACT FOR CONSTRUCTION OF PUBLIC WORKS ( "Contract') is made and entered into as of this IZrt'tlay of �� ' 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Cbfporation ( "City "), and SUNNY HILLS CLEANERS, INC., a California corporation, dba SUNNY HILLS RESTORATION ( "Contractor') whose principal place of business is 1999 South Richey Street, Santa Ana, California, 92705, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to repair a city -owned block wall. C. City desires to engage Contractor to obtain all permits and perfom all work necessary to remove and replace damaged section of city -owned block wall near the intersection of West Coast Highway and Bayside Drive ( "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 fifteen (15) business days commencing on April 4, 2011 or upon issuance of the "Notice to Proceed." NOW, THEREFORE, City and Contractor agree as follows: TERM The term of this Contract shall commence on the above written date and shall terminate on May 23, 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 Scope of Work, to remove and replace damaged section of city -owned block wall near the intersection of West Coast Highway and Bayside Drive 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 fifteen (15) 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. 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 Seven Thousand, Five Hundred Dollars and 99/100, ($7,500.99). 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 William Roy to be its 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. Tom Sandefur, P.E., Project Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or Hills Cleaners, Inc., dba Sunny Hills Restoration Pape 2 of 21 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 the Request for Proposal. 7.3 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, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 3 of 21 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. 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. Hills Cleaners, Inc., dba Sunny Hills Restoration Page 4 of 21 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. 1221 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 Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 12.2.3 Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this 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. 12.2A 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. Hills Cleaners, Inc., dba Sunny Hills Restoration Page 5 of 21 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. 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. 12.33 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. Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 6 of 21 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. 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. Hills Cleaners, Inc., dba Sunny Hills Restoration Page 7 of 21 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. 12.312 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. 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 Hills Cleaners, Inc., dba Sunny Hills Restoration Page 8 of 21 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. 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. Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 9 o(21 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: Tom Sandefur, P.E., Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3316 Fax: (949) 644 -3318 E -mail: tandefur@newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: William Roy Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration 1999 S. Richey Street Santa Ana, CA 92705 Phone: 714 - 259 -9999 Fax: 714 -619 -2468 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 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 Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 10 of 21 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. 22. 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. 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. Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 11 of 21 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 of 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. Hills Cleaners, Inc., dba Sunny Hills Restoration 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: () / (Y' Le 'e Mulvihill Assistant City Attorney ATTEST: Date-- By:/ ate: By:�/ — py Leilni . Br n City Clerk 0 s °'QFOW" CITY OF NEWPORT BEACH, A Californ'a rdunicipal corporation Date: 14�7//'Z�- t6phen G. Badum ublic Works Director CONSULTANT: SUNNY HILLS CLEANERS, INC., a California corporation dba SUNNY HILLS RESTORATION Date: 9J16AI By: z�' ' Williarrf oy President Date: B : Y Phil Vasquez Vice President Attachments: Exhibit A — Scope of Work Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond f:luserslpbwlsharedlcontractslinformal contracts 12011Vock wall repair - pch at baysidelsunny hills restoration. dotx Sunny Hills Cleaners, Inc., dba Sunny Hills Restoration Page 13 of 21 EXHIBIT A Scope of Work THIS PAGE LEFT BLANK INTENTIONALLY EXHIBIT A CITY OF NEWPORT BEACH r PUBLIC WORKS DEPARTMENT �ticpaNsP Stephen G. Badum, Director January 20, 2011 SUBJECT: COAST HIGHWAY AT BAYSIDE DRIVE WALL DAMAGE REPLACEMENT QUOTE. To Whom It May Concern: Thank you for meeting me at the site and discussing the proposed project. As we discussed, a car accident at this location in June of 2010 resulted in damage to the block wall that separates Coast Highway from Bayside Village. We are soliciting quotes to construct a repair of the facility. Your quote should include the following information: 1. Cost to replace approximately 45 -feet of damaged 7' -6" high Slumpstone Wall. 2. Brickwork for the cap of the wall to match the existing cap. 3. Traffic control for the pedestrians that utilize the sidewalk. 4. Any necessary permits to work in CALTRANS Right -of -Way Should you have any questions, please contact me at (949) 644 -3312. Sincerely, Torn Sandefur, P.E., Associate Civil Engineer CAOccuments a,d$eaunpsVt nde(vgOCAmp \WRFP tar PCM WAM Ooc 3300 Newport Boulevard Post Office Box 1768 Newport Beach. California 92658 -8915 Telephone: (949) 644 -3311 - Fax: (949) 644 -3318 • www.newportbeachca.gov EXHIBIT B PROPOSAL THIS PAGE LEFT BLANK INTENTIONALLY e �a Sunny Hills Restoration 1999 S. Ritchey St. Santa Ana, CA 92705 714 - 259 -9999 Ext.25 Tax 1D: 33 -0239378 Lic#: 721661 Wall CARL- W -PCH- BAYSIDE DESCRIPTION ONTY UNIT COST TOTAL 1. R&R Slumpstone block - 10" width 350.00 SF @ 14.34 = 5,019.00 2. Brick -cap 50.00 LF @ 2.51= 125.50 3. Dumpster load - Approx. 20 yards, 4 tons of debris 1.00 EA @ 551.67 = 551.67 4. Taxes, insurance, permits & fees (Bid item) 1.00 EA @ 353.15 = 353.15 Grand Total Areas: 0.00 SF Walls 0.00 SF Floor 0.00 SF Long Wall 0.00 Floor Area 0.00 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length Coverage Dwelling Other Structures Contents Total 0.00 SF Ceiling 0.00 SY Flooring 0.00 SF Short Wall 0.00 Total Area 0.00 Exterior Perimeter of Walls 0.00 SF Walls and Ceiling 0.00 LF Floor Perimeter 0.00 LF Ceil. Perimeter 0.00 Interior Wall Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Hip Length Amount % Grand Total % 6,049.32 100.00% 7,500.99 100.00% 0.00 0.000/0 0.00 0.000/0 0.00 0.000/0 0.00 0.000/0 6,049.32 100.000/0 7,500.99 100.00% CARL- W -PCH- BAYSIDE 1/1712011 Page:2 1� Sunny Hills Restoration 1999 S. Ritchey St. Santa Ana, CA 92705 714 - 259 -9999 Ext.25 Tax ID: 3 3- 023 9378 Lie. #:721661 Line Item Total Summary for Dwelling Material Sales Tax @ 8.750% x Subtotal Overhead @ 10.0% x Profit @ 10.00/6 x Replacement Coat Value Net Claim 6,049.32 2,303.00 201.51 6,250.83 6,250.83 625.08 6,250.83 625.08 $7,500.99 $7,50099 CARL- W- PCH- BAYSIDE 1/17/2011 Page:3 Bunn 1115 Sunny Hills Restoration 1999 S. Ritchey St. Santa Ana, CA 92705 714- 259 -9999 Ext.25 Tax ID: 33-0239378 Lic.4: 721661 Insured: Carl Warren - PCH/Bayside -NPB Property: Pacific Coast HWY. Hewport Beach, CA Claim Rep.: Larry Mullen Company: Carl Warren Estimator: Bill Roy Business: 1999 S. Ritchey St. Santa Ana, CA 92705 Reference: Company: Carl Warren Business: Larry Mullen Contractor: Company: Sunny Hills Restoration Business: 1999 Ritchey Street Santa Ana, CA 92705 EXHIBIT B Business: (714) 948 -0749 Business: (714) 259 -9999 x 27 Business: (714) 259 -9999 x 25 Claim Number: Policy Number: Type of Loss: REPAIRS Coverage Deductible Policy Limit Dwelling $0.00 $0.00 Other Structures $0.00 $0.00 Contents $0.00 $0.00 Date of Loss: Date Received: Date Inspected: Date Entered: 1/14/2011 7:33 AM Price List: CAOG5B_JANI1 Restoration/Service/Remodel Estimate: CARL- W- PCH- BAYSIDE Rebuild estimate INITIAL FINDINGS/ SERVICES Initial Report Stated : Damage block wall from auto A� � CERTIFICATE OF LIABILITY INSURANCE DATE03116111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(km) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endgmamant(s). PRODUCER Eric P. Evans Insurance Agency, Inc CONTACT NAME: Eric Evans PHONE (714 464.8080 F No: (949) 271 -5002 pp.p1E a C@insumdwell.wrn 2701 Harbor Blvd. E -242 IMIUREMSI AFFORDING COVERAGE MAIC s Costa Mesa, CA 92626 INSURERA: Rockhill Insurance Company $ 1,000,000.00 Phone 714 464 -8080 Fax (949) 271 -5002 INSURED INSURERS: Fanners Insurance Group S 5,000.00 INSURERC: $ 1,009,000.00 Sunny Hills Cleaners, Inc. DBA Sunny Hills Restoration INSURER 0; Farmers Insurance Group s 2,000,000.00 1999 Ritchey St INSURER E : s 2,000,000.00 Santa Ana, CA 92705 $ B AUTOMOBILE LIABILITY ❑ ANY AUTO ALL ❑ AUTOS OWNED © SCHEDULED AUTOS NON-0WNED © HIRED AUTOS Q AUTOS ❑ ❑ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD UB POLICY NUMBER POLICYEFF MMIDD POLICY IXP MMfOD LIMITS A GENERAL LIABILITY ❑/ COMMERCIAL GENERAL LIABILITY ❑ ❑ CIAIMS -MADE J❑ OCCUR Q Pollution Liability (Claims Made) Y RPKGEOD494100 01/20(2011 01/20/2012 ENCE $ 1,000,000.00 occculrerce S 100,000.00 one person S 5,000.00 MEACKOCCURRENCE DV INJURY $ 1,009,000.00 ❑ REGATE s 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER ❑O POLICY ❑ PRO- ❑ LOC OMPIOp AGO s 2,000,000.00 $ B AUTOMOBILE LIABILITY ❑ ANY AUTO ALL ❑ AUTOS OWNED © SCHEDULED AUTOS NON-0WNED © HIRED AUTOS Q AUTOS ❑ ❑ 604157592 11/2012010 11(20/2011 COMBINED SINGLE LIMIT (Be accidem 1,000,000.00 BODILY INJURY (Per person) $ BODILY INJURY (Per AWdent ) S PROPERTY MAGE Peraccident § s ❑ UMBRELLA LIAR ❑ ❑ EXCESS LIAR ❑ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ ❑ DED ❑ RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICERNEMBER EXCLUDED? ❑ (Mandatory in NH) If Yes. describe under DE SCRIPTIONOFOPERATIONSbelm N)A B09310822 11(94(2010 11114/2011 WC STATU- OTH- ❑� TORY LIMITS ❑ER E.L. EACHACCIDENT s 1,000,060.00 E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks schedule, N more space Is required) Contractors Insurance coverage shall be primary Insurance and /or primary source of recovery as respects to the City (listed as additional insured), 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. CERTIFICATE HOLDER CANCELLATION ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2D10106) OF The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Department City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Newport Blvd AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2D10106) OF The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 site 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. RHIC 6227 (07108) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission 0 TRUCKINSURANCE ❑ FARMERS INSURANCE ❑ MID - CENTURY n EXCHANGE EXCHANGE INSURANCE COMPANY S 90268 NCCI CO. NO, 18244 NCCI CO. NO. 17744 NCCI CO. NO. 12998 CALIFORNIA 2nd Edition WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named . SUNNY HILLS CLEANERS, INC. Insured DBA: SUNNY HILLS RESTORATION 1999 RITCHEY ST SANTA ANA, CA 927055100 Effective Date 3/8/2011 Agent 97 -66 -51 M 809310822 -00 2010 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an Injury coverd by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract That requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be such remuneration. Minimum Charge: $250.00 Person or Organization CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 3 % of the California Workers' Compensation premium otherwise due on Schedule Job Description TO BE DETERMINED REPAIR OF BLOCK WALL AT WEST COAST HIGHWAY AND PACIFIC COAST HIGHWAY This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the Policy. p CounteMigned Authorized Representative WW26 2NDEDITION 744 (WC 040706 -Edition 4.84) POLICY NUMBER: R PxG E 004941 -00 COMMERCIAL GENERAL LIABILITY CG 20 1010 01 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 Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 site 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 10 01 © ISO Properties, Inc.. 2000 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section If — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 site 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. RHIC 6227 (07/08) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Commercial Certificate of Insurance FARMERS Agency Rick Hackett insurance Agency Name 11770 Warner Ave, Ste 230 Issue Date (MM/DD/YY) 04/12/11 & Fountain Valley, CA 92708 Address 714 -437 -5555 This certificate is issued as a matter of information only and confers no rights upon the certificate holier. This certificate does not amend, extend or alter the St. 97 Dist. 66 Agent 1M coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance ]Exchange . Sunny Hills Cleaners, Inc Late Name . DBA:Srumy Hills Restoration company B Farmers Insurance Exchange & 1999 Ritchey St cmnpary CMid- Century Insurance Company Address Santa Ana, CA 92705 }sue Company D Lour Coverages This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period Indicated. Notwithstanding any requirement, term or condition of arty contractor other document with respect to which this certificate maybe issued or may pertain, the Insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by a Co. Ltr. Type of insurance yP Policy Number Policy Effective Date (m m rrtm Policy Expiration Date ittxtITIN Polity Limits General Liability General Aggregate $ Commercial General Products- Comp/OPS Aggregate $ Liability - Occurrence Verson Personal & Advertising Injury S Contractual - Incidental Each Occurrence S Only Fire Damage (Airy one Ore) S Owners & Contractors Prot. Medical Expense (Any one person) $ Automobile Liability Combined Single All Owned Commercial Autos 60 4157592 (18/16/10 08/16/11 Lrant $ 1,000,000 Bodily Injury C Scheduled Autos NAIC #21687 I (Per person] S Hired Autos Bodily Injury $ Non -Owned Autos (Per accident) Garage Lability I Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ A Werkers' Compensation 809310822 11 1I4 110 I1 /14111 Statutory and Each Accident S 1,000,000 Employers' Liability i NAIC#21709 Disease Each Em to ee Disease - Policy Limit $ 11,t10oo(100 Description of OperationsNehicles/Restrictions /Special items: Contractor's Insurance coverage shall be primary insurance and/or primary source of recovery as respects to the City (listed as additional insured), 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. Certificate Holder Cancellation • Public Works Department Should any of the above described policies be cancelled before the expiration date Name City of Newport Beach thereof, the issuing company will endeavor to mail 30 days written notice to the & 3300 Newport Blvd certificate holder named to the left. but failure to mail such notice shall impose no Address Newpon Beach, CA 92663 e� ion or liability of any kind the company, its agents or representatives. Auth rized Representative I 56.2492 4 -94 Copy Distribution: Service Center Copy and Agent's Copy "-at ❑ EXCHANGE TRUCKINSURANCE EXCHANGE INSURANCE tINSURANCE OMPANY S 90268 NCCI CO. NO. 18244 NCCI CO. NO. 17744 NCCI CO. NO. 12998 CALIFORNIA 2nd EdlNon WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named , SUNNY HILLS CLEANERS, INC. Insured DSA: SUNNY HILLS RESTORATION 1999 RITCHEY ST SANTA ANA, CA 927055100 Effective 3/8/2011 Date Agant 97- 66 -S1M 809310822 -00 2010 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an Injury coverd by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall t such remuneration. Minimum Charge: $250.00 Per &on or Organization CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 3 % of the California Workers' Compensation premium otherwise due on Schedule Job Deserlptlon TO BE DETERMINED REPAIR OF BLOCK WALL AT WEST COAST HIGHWAY AND PACIFIC COAST HIGHWAY This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 9 Countersigned /:"4 a P.�ad. s 1Rrg qty r Authorized Representative 9(M26 20D EOrnON 7.9a INC 040305- Edition 4.84) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Numbers POLICY NUMBER: POLICY CHANGES COMPANY: EFFECTIVE: R PKG E 004941 -00 04/13/2011 Rockhiil Insurance Company NAMED INSURED; AUTHORIZED REPRESENTATIVE: Sunny Hill Cleaners, Inc. dba Sunny Hills Restoration NECC COVERAGE PARTS AFFECTED: Commercial General Liability CHANGES IN CONSIDERATION OF THE ADDITIONAL PREMIUM OF $425.00, WHICH IS FULLY EARNED AT ATTACHMENT, IT IS HEREBY UNDERSTOOD AND AGREED THAT FORM RHIC 5022 07 08, PRIMARY (NON - CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION, NAMING PUBLIC WORKS DEPARTMENT, CITY OF NEWPORT BEACH, IS HEREBY ATTACHED TO AND MADE PART OF THIS POLICY. IT IS FURTHER UNDERSTOOD AND AGREED THAT PUBLIC WORKS DEPARTMENT, CITY OF NEWPORT BEACH IS NAMED AS AN ADDITIONAL INSURED UNDER THE TERMS AND CONDITIONS OF FORM, CG 20 37 07 04, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS, WHICH IS HEREBY ATTACHED TO AND MADE PART OF THIS POLICY. Calif State Tax'Or•�� Stamping Fee l 060 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 4 Authorized Representative Signature 4/34/2011 fora IL 12 01 11 85 Copyright, Insurance Services Office, Inc.. 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc , 1983 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY /NON - CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANt2ATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART PRiMARY1NON-CONTRIBUTORY — If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self - insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. Ali other terms and conditions remain unchanged. SCHEDULE Name of Person or Organization: Public Works Department City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 But Solely in respect to operations performed by or on behalf of the Named Insured at Project Location: 3994 West Coast Hwy, Newport Beach, CA 92663 RHIC 6022 (11109) includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission POLICY NUMBER: R PSG a 004941 -00 COMMERCIAL GENERAL LIABILITY CG 20 37 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the foiiowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Public works Department City of Newport Beach m this 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 liability for "bodily injury" or "property darn age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additions insured and included in the "products- completed operations hazard Location And Description Of '3994 west Coast Hwy (!Newport Beach, CA 92663 S I Fire /water damage repair and restoration CG 20 37 07 04 9 ISO Properties irc., 2004 Page 1 of t EXHIBIT C CITY OF NEWPORT BEACH BOND NO. Jtd �- 6 '72 - LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Sunny Hills Cleaners, Inc., a California corporation, dba Sunny Hills Restoration hereinafter designated as the "Principal," a contract for the repair of city -owned damaged wall located near the intersection of West Coast Highway and Bayside Drive, 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. OW,THE EFORE, We the undersigned Principal, and, l Ny/LZ �r `' duly authorized to transact business under the laws of the Sta e of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND 991100 {$7,500.99} lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 terms of the Contract or to the work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the Z day of Mti,��.� , 2011. sem_ - ,U/'`Z I. / + /'9 hF V Sunny H'itts"tleaners, Inc. (Principal) dba Sunny Hills Restoration Name of Surety Address of Surety r 5-7 % Telephone Authorized- ignature/Title a�c�" Authorized Agent Signature &7' iii ��� � Af, r Z - Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED %'Ro"VI Western Surety Company PERFORMANCE BOND Bond Number: 71076372 KNOW ALL PERSONS BY THESE PRESENTS, That we Sunny Hills Cleaners, Inc, dba Sunny Hills Restoration of 1999 S. Ritchey, Santa Ana, CA 92705 hereinafter referred to as the Principal, and Western surety Company as Surety, are held and firmly bound unto city of Newport Beach of 33Q0 Newport Blvd New_gort ]Beach, CA 92658-8915 hereinafter referred to as the Obligee, in the sum of Seven Thousand Five Hundred One and 00/100 Dollars ($ 7, 5 01.00 ____), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of • - . . .. S.- _ .. NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 11th day of March 2011 . Sunny Hills Cleaners, Inc. dba Sunny Hills Restoration (Principal) By _ (Seal) CORPORATE = Western Surety Company SEAL surety) By ' AN ONY BARTHOLOMEW (Seat) DE SANTIS Attorr:ey-in-Fact Form Fa597 State of California County of colla On JV I n'ruk. �Sl Public, personally a ACKNOWLEDGMENT 5S. before me, Notary who proved to me on the basis of satisfactory evidence to be the person(64 whose namel s) re subscribed to the within instrument and acknowledged to me that "h�/th y execute the same inMO�AhNr authorized capacity(i4), and that byVe v/tl`r �Ir sign tures(} on the instrumenperson(), or the entity upon behalf of whicherson() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TIFFANYVAISANEN NOTARY PUBLIC -CALIFORNIA ! COMMISSION # 19010.98 ORANGE COUNTY My Comm. Ex fres Aup. 22 2014 Signature (seal) ACKNOWLEDGMENT State of California County of OqLyl-)�e __} ss. On % V" Q /, Z(/ before me, % U cJ , Notary Public, personally 6ppeared w ,who proved to me on the basis of satisfactory evidence to be the person(} whose name(') is/a subscribed to the within instrument and acknowledged to me that he/s' f� ey executed the same in his/ter/their authorized capacityQgs), and that by his/h`&T/tl*r signatures{} on the instrument the person(o), or the entity upon behalf of which the person*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ;. KIRK DEROSE r Commission # 1739368 z�_,;t.rq;, Notary Public - California �:; ;;'��'' Orange County ' My Comm. Expires Apr 17, 2011 CITY OF NEWPORT BEACH BOND NO. -710 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Sunny Hills Cleaners, Inc., a California corporation, dba Sunny Hills Restoration hereinafter designated as the "Principal," a contract for the repair of city -owned damaged wall located near the intersection of West Coast Highway and Bayside Drive, 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. b NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND 99/100 ($7,500.99) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sure 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 performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been my executed by the Principal and Surety above named, on the _LBf`day of f�,�� 2411. Sunny Hil s Creaners, Inc, (Principal) dba Sunny Hills Restoration Name of Surety Address of Surety�- l- koe) _ 33/ ' (a s3 Telephone Authoriz d_Si nature/Title �'V)M& Authorized Agent Signature Print-- t Nameand Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED OD% Western Surety Company PAYMENT BOND Bond Number: 71076372 KNOW ALL PERSONS BY THESE PRESENTS, That we Hills l s Cl Qaners, Inc Sunny_ Hi310__.8e#torar ; on - --- Of 1999 S Ritchey, Santa Ana, CA 92705 , hereinafter referred to as the Principal, and western surety Company - - as Surety, are held and firmly bound unto City of Newport Beach of 3 i o o Np:mnrt Blvd Ne38Vort Beach.SA .92658-8915 hereinafter referred to as the Obligee, in the Sum of Seven Thousand Five Hundred one and 00/100 Dollars ($ 7, 501.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of eWest Coast JJiqbwAy..;;ne3 Pac-i f i c, roast High.ay , for Repair of Block Wall. - copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shalt, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this . 11th day of March —2011 . Sunny Hills Cleaners, Inc. dba Sunny Hills Restoration (Principal) By (Seal) Western Sur�ty.Company �pRPORATE = ? SEAL By(�2Z _. (Seal) ANTHONY BARTHOLOMEW Attorney -in -Fact DE SANTIS ACKNOWLEDGMENT State of California County of b rei Iss. On i before me,7�?'L � ' 2 Notary Public, persondlly appeared A ,who proved to me on the basis of satisfactory evidence to be the person{ whose name* Q� subscribed to the thin instrument and acknowledged to e that 1 /thin executed the same in ire hhO authorized capacity(ks), and that by ('h—is/ k//t elr signatures( ) on the instrument th� person(} or the entity upon behalf of which the person(.$) acte�, 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. 'nFFAW VAISANEN WITNESS my hand and official seal.E0110V -* �oi� ORANGE COUNTY I Corrin 2D14 Signatur (s6al) ACKNOWLEDGMENT State of California County of J._ �'),WWLC �} ss. On yyyy � ill before me, �7IP—k- %ke _ Notary Public, personally appeared_ -4,Akr� ,who proved to me on the basis of satisfactory evidence to be the person(k) whose name(,) islarpe subscribed to the within instrument and acknowledged to me that he/slt/ t# ey executed the same in hisIffier/t'rW authorized capacity(i"), and that by hislh4r/tlai�tr signatures(B) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) KIRK DEROSE :�'' • Commission # 1739368 Z v,, Notary Public - California z Orange County u MyComm. ExpiresApr 17, 2011 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4/19/2011 Dept./Contact Received From: Shari Date Completed: 4/19/2011 Sent to Company/Person required to have certificate: I. GENERAL LIABILITY A. INSURANCE COMPANY Shari By: Joel Sunny Hills Cleaners, Inc. DBA: Sunny Hills Restoration Rockhill Insurance Co. B. AM BEST RATING (A-: VII or greater): A+; XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F—] No FX $1,000,000 Yes FX No 0 Yes �X G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes 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 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. New Acord Wording AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Farmers Insurance GI'oUU: NA1C 21687 B. AM BEST RATING (A- : VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Yes F $1,000,000 No = No = No 0 No Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Farmers Insurance Group: NAIC 21709 B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: G/L insurer is non -admitted insurer Yes F—] No FX Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach --------------------------------------------------------------------------------------------------------------------------------------------- 0 Requires approval/exception/waiver by Risk Management B&B initials Comments: App oved: w, Risk NnagemeWt Date