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HomeMy WebLinkAboutC-4853 - Contract for the Improvement of Public Beaches for Sand Groin Repairs at Little Balboa IslandAMENDMENT NO. ONE TO THE INFORMAL CONTRACT FOR THE IMPROVEMENT OF PUBLIC BEACHES WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. FOR SAND GROIN REPAIRS AT LITTLE BALBOA ISLAND THIS AMENDMENT NO. ONE TO THE INFORMAL CONTRACT FOR THE IMPROVEMENT OF PUBLIC BEACHES ( "Amendment No. ONE "), is entered into as of this 29 day of February, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ASSOCIATED PACIFIC CONSTRUCTORS, INC. a California Corporation, whose address is 495 Embarcadero, Morro Bay, California 93442 ( "Contractor"), and is made with reference to the following: RECITALS: A. On December 2, 2011, City and Contractor entered into an Informal Contract ( "Contract ") for the improvement of public beaches for the Sand Groin Repairs at Little Balboa Island ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Contract, extend the term and to increase the total compensation. C. City and Contractor mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Contract shall be amended in its entirety and replaced with the following: The term of this Contract shall commence on December 2, 2011, and shall terminate on July 31, 2012. 2. SCOPE OF WORK Section 2 of the Contract, shall be supplemented to include the Scope of Services dated January 24, 2012, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION Section 4 of the Contract shall be amended in its entirety and replaced with the following: City shall pay Contractor for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Contract. Contractor's total amended compensation for all work performed in accordance with this Contract, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Six Thousand, Six Hundred Seventy -One Dollars and no /100 ($86,671.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Contract without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Contractor's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Nine Thousand, Seven Hundred Thirty -Nine Dollars and no /100 ($9,739.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Contract shall remain unchanged and shall be in full force and effect. ASSOCIATED PACIFIC CONSTRUCTORS, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATT017EY'S OFFICE Date: z� 117, By: /� Aaron C. Hai City Attorney ATTEST: S 3D')Z Date CITY OF NEWPORT BEACH, A California municipal corporation Date: G) zsl i`r By: C_ It /I Dave Riff City Manager CONSULTANT: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California Corporation Date: InxZLIf A9, Zd/ Z By: Paul E. Gillen President and Secretary Attachment: Exhibit A — Additional Services to be Performed ASSOCIATED PACIFIC CONSTRUCTORS, INC. Page 3 o Associated Page 1 of 1 Now Pacific W ® ®Constructors, Inc. ® • Offshore • Nearshore • Onshore January 24, 2012 Grand Canal Public Access Platform City of Newport Beach, CA Public Works Department Associated Pacific Constructors, Inc. is pleased to provide our proposal for the work required to construct a new access platform at the Grand Canal location Overview: New public access platform to be constructed on beach side of wall located at the end of the Balboa Ave. off Grand Canal on Balboa Island. Platform to be self supporting, not attached to wall. Platform to be built per plan dated 9/27/11 with the exceptions authorized by Tom Sandefur using 2x6 top railing and 2x4 pickets in lieu of that shown on the plans. All timber to be exterior pressure treated Douglas fir with type 316 stainless steel hardware. Scope: • Mobilize, supply install labor, materials and supervision to construct new access platform. • Setup traffic control. • Setup excavator operating platform for post embedment. • Excavate the beach enough to embed the planned 6x6 posts with approximately 6' embedment. • Construct support post columns to support platform. • Embed post into the sand secure in place per plan allowing one tide cycle for sand to secure and stabilize the embedded post. • Construct platform, and secure to post with 5/8" type 316 SS bolts. • Construct railing to per plan with 3" maximum spacing using 2x4 pickets and 2x6 top railing. • Construct stairway with 4 ea. stringers across the 5' wide stairway and 2x4 cleats below treads. • Stairway railing picketing with 2x4 center rail. • This proposal allows up to 10 ea. treads with a minimum of 8 ea treads depending on the sand elevation at time of construction. TOTAL LUMP SUM FOR SCOPE OF WORK Time of Completion: $9,739.00 Associated Pacific Constructors Inc. anticipates the total scope of this work to take three consecutive working days with and anticipated start date as soon at the type 316 SS hardware can be supplied. Mike Marchitto Southern Area Manager California Class A General Engineering Lic. #394886 Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 www.associatedpacific.ca m rf} CONTRACT FOR THE IMPROVEMENT OF PUBLIC BEACHES l WITH ASSOCIATED PACIFIC CONSTRUCTORS, INC. FOR \ SAND GROIN REPAIRS AT LITTLE BALBOA ISLAND THIS CONTRACT FOR IMPROVEMENT OF PUBLIC BEACHES ( "Contract ") is made and entered into as of this 'CA— day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California Corporation ( "Contractor ") whose principal place of business is 495 Embarcadero, Morro Bay, CA 93442 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to repair the sand groins on Little Balboa Island. C. City desires to engage Contractor to perform sand groin repairs at Little Balboa Island ( "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 120 calendar days commencing on September 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 February 29, 2012 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 i, including repair existing sand groins, attached hereto as Exhibit "A" 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 120 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 120 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 business 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 "A ", City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy -Six Thousand, Nine Hundred Thirty -Two Dollars and no /100 ($76,932.00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 6) 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 Cam Boyd 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. Associated Pacific Constructors, Inc. Page 2 of 21 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Fong Tse, Principal Civil Engineer 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 MATERIALSISTANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibit "A" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" shall not be utilized unless approved in advance by the Project Administrator. 7.2 Contractor shall comply with the terms and conditions of the Contract. Contractor shall perform all the work as described in the Scope of Work dated August 31, 2011 and replace and repair existing sand groins , all attached hereto as Exhibit A and incorporated herein by this reference. 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, Associated Pacific Constructors, inc. Page 3 of 21 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, 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. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. Associated Pacific Constructors, Inc. 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 Prior to commencement of Work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 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 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. Associated Pacific Page 5 Inc. 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. 12.2.4 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, Associated Pacific Constructors, Inc. Page 6 of 21 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. 12.3.3 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. Associated Pacific Constructors, Inc. Page 7 of 21 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 "B" which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract in the form attached hereto as Exhibit "C" 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 Associated Pacific Constructors, Inc. 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 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 Associated Pacific Constructors, Inc. Page 9 of 21 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. 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: Fong Tse, Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3321 Fax: (949) 644 -3318 E -mail: ftse @newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Cam Boyd, Project Manager Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Phone: 805- 772 -7472 Fax: 805 - 772 -5803 E -mail: cam @associatedpacific.com Associated Pacific Constructors, Inc. Page 10 of 21 19. 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.). 20. TERMINATION 20.1 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. 20.2 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. 21. 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. Associated Pacific Constructors, Inc. Page 11 of 21 22. STANDARD PROVISIONS 22.1 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. 22.2 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. 22.3 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. 22.4 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. 22.5 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. 22.6 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. 22.7 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. 22.9 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. 22.10 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. 22.11 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. Associated Pacific Constructors, Inc. Page 12 of 21 22.12 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 22.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] Associated Pacific Constructors, Inc. 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: D By LL - Leonie Mulvihill Assistant City Attorney ATTEST: Date: By: U `M RJV N Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: t 1 12s1''cx\ By: �-- � Dav iff City Manager ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California Corporation Date: /l/dr�.•. 6� /il zcY/ By: f Paul E. Gillen, President and Secretary Attachments: Exhibit A — Scope of Work Exhibit B — Labor and Materials Payment Bond Exhibit C — Faithful Performance Bond [END OF SIGNATURES] Associated Pacific Constructors, Inc. Page 14 of 21 EXHIBIT A Scope of Work THIS PAGE LEFT �* LANK INTENTIONALLY uul• Balboa Sand Grolm atycf 0"P"t 6.fh Amprokntli88 Fong Tse City of Newport Beach Public Works Dept. RE: Uttie Balboa Sand Groins Repairs Little Balboa Sand Groins Repairs SCOPE OF WORK & SCHEDULE OF VALUES 1.0 GENERAL BACKGROUND Associated Pacific �Q ;Constructors, inc. �.� •xU,Mf[ •w•4v. •n.w. August31,2011 The City of Newport Beach has requested that Associated Pacific provide a Scope of Work and Schedule of Values for the repair of various sand groin walls on Little Balboa Island. 2.0 SCOPE OF WORK 2.1 Mobilization — Associated Pacific will mobilize our equipment, materials, and personnel to Little Balboa (3) times to complete the Sand Groin Repair work on Little Balboa Island. APC will perform all required traffic control to complete the work safely and in accordance with the requirements of the City of Newport Beach. 2.1 Sheet Pile Installation Repair — Associated Pacific will Install new fiberglass reinforced plastic sheet plies and pile caps at (2) locations on Little Balboa Island. New plastic sheet piling will be bolted to the existing timber sheet piling In accordance with the detail on Sheet 1 of 1 on Plan H- 5200 -5. Sheet piling Installation repairs will be performed at the following locations: • Sand Groin located at South Bay Front & Grand Canal • Sand Groin located at E. Bay Front, Slots north of Balboa Ave. 2.3 Repair Existing Wooden Groins — Associated Pacific will install new timber sheet piles, walers and pile cap at (2) locations on Little Balboa Island. New timber will be bolted to existing timber sheet piling in accordance with the.detall on Sheet 1 of 1 on Plan H- 5200 -S. Timber sheet pile repairs will be performed at the following locations: • Sand Groin located in front of 1702 South Bay Front • Sand Groin located in front of 1704 South Bay Front 2.4 Partial Repair of Existing Wooden Groins — Associated Pacific will Install new timber sheet piles, walers and pile cap at (1) location on Little Balboa Island. New timer will be bolted to existing timber sheet piling in accordance with the detail on Sheet 1 of 1 on Plan H- 5200 -S. Timber sheet pile repairs will be performed at the following location: • Sand Groin located at E. Bay Front & Balboa Ave. 3.0 PRICING •xUesclipttgPi'F,:.�:y>:. t��Units fie; Cl_arYt�y.:. °.::..21t`:� __... ��._�..... �- fytoblRzatlon LS 1 $15,442.00 $15,442,00 Sheet Pile & Cap Installation Repair LS 1 $38,430.00 $38,430.00 Repair Existing Wooden Groins Ls 1 $13,410.00 $13,410.00 Partial Repair Existing Wooden Groin IS 1 $9,650.00 $9,650.00 Total Cost for Scope of Work $76,932A0 125 M -E' St. Paga 11 495 Emlxa.& e MIMInam, G 98744 a4. P 394886 Mono Buy, CA93447 Ph. 131015431961 Fap; 13101549 -1781 Ph. 1805) 772.7473 Fax; (605)772 -MM EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 58690371 FAITHFUL_ PERFORMANCE BOND The premium charges on this Bond is $ 1, 108.00 being at the rate of $ _i4. 4o i eliding scale thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to ASSOCIATED PACIFIC CONSTRUCTORS, INC., hereinafter designated as the "Principal," a contract for the LITTLE BALBOA ISLAND SAND GROINS REPAIR - 2 located at. Little Balboa Island 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 WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach,. in the sum of SEVENTY-SIX THOUSAND, NINE HUNDReD TMRTY- TWO DOLLARS AND NOYI00 ($I6;932.00) 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. T.H.E. CONDITION .OF THIS OBLIGATION IS SUCK, that. if the Principal or the Princlods:heirs," executors,. administrators, successors; or assigns, fail to abide by, and well ,arid" truly keep. and: perform ally 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 offcers,, employees and agents, as therein stipulated, then, Surety .will : faithfully perform the. same, .in an "amount" not .exceeding the sum specified in: this .Bond; otherwise this obligatlon .0hidl:becorne blRand 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 C 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 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 WHEK01F, this instrument has been duly executed by t e Pnncipai.and Surety above named, on the 10TH day of .N6v*eER 20i1. ASSOCIATED PACIFIC CONSTRUCTORS., INC. Name of Contractor {Pririeipal) WESTERN SURETY COMPANY Nam _of Surety. 6300 CANOGA ".AVM..; STB"..115oN. WOODLAND HILLS, CA 41967 Address of:Surety Authorized. Sin rem e ALIT or ed:Agent. ignature :SHIRLSY LITTELL- ATT©RNSY "RN FACT Prinf Name and Title State of California County of yENTORA ACKNOWLEDGMENT ss. EXHIBIT C On NOVEMBER 10TH. 2011 before me, .JUDITH A. BENITES , Notary Public, personally appeared SHIRLBY LITTELL ,who "proved to me on the basis of satisfactory " evidence to'be the person(s) whose name(s) Ware 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I:ce.rtify 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. - SEB.NOTARY Signature ATTACHED" ACKNOWLEDGMENT State of California Countyof SAq Wis Qb3 sseo im (seal) On A6emdxL "jlj ;[o11 before me; Jot L. FocdleC Notary. Pub ►ic, personally appeared Paul E. ';;ten..' who proved to. me: ca the. basis of satisfedto y.evidence to be the .persona. 'whose name isla subscribed to the "within" instrument and acknowledged .to me that hetsJ a cuted: the same :in his /h�cftGe au#horized. *. atjt�arid that by hislh.. �gnatures(s} btt the instrument the perse , or tkte:entity upon behalf of which the persoact®cl; executed the instrument: I certify under PENALTY "OF.PERJURY undeTthe "laws of. the State of California that the foregoing paragraph- Istrue "and correct. q, J= Lt FOWLtH Cotomist<loo • 1857468 notary FUW - Cowan San Luis 061W Cft* I (seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Crva. CODE 5 I tae State of California County of Ventura On 1111012011 before me, Judith A. Benites, Notary Public Date Here Insert Ns and Title of V* OlRrar personally appeared Shirley L i t t e 11 Name( B) of signer(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in hisfher/their authorized capachy(ies), and that by JUDITH A. 6fNiTft his/herAheir signature(s) on the instrument the Comntlaslan s 1671651 person(s), or the entity upon behalf of which the LOM Nota ry Public • Calnomla persons) acted, executed the instrument. Ventura County Comm. Tres Nov 20, 2013 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. pp w Signatur . 1 Place Notary set Above signs d Rub OPTIONAL Though the information below is not required by law, it may prove va 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: Faithful Performance Bond Document Date:_Nnvpmhpr 10, 2011 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer— Tile(s): _ • Individual ❑ Partner — ❑ Limited ❑ Genen XX Attorney in Fact • Trustee • Guardian or Conservator ❑ Other. Signer Is Representing: Western Surety Compa Signer's Name: ❑ Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ General Top of thunb here • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: NOTARY (1. 800$766627) Item #3907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to die same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made end executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seed to be hereto affixed onthis 1st day of December, 2010. rre WESTERN SURETY COMPANY N Paul 7 Bmflat, Senior Vice President State of South Dakota 1 ss I County of Minnehaha On this 1st day of December, 2010, before me personally came Paul T. Bruflat, to me known, who, being by nit duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires fM44 \M444444444444444441; r D. KRELL r November 30, 2012 r. /v DAWrA �S SOUTH f44444444444444444M4444� D. Krell, NdMry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation prnted,on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 10 t h day of N o V e m b B r : 2011 .e WESTERNS SURETY COMPANY v L. Nelson, Assistant Secretary Form F4290.^06 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58690371 LABOR ANDMATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to ASSOCIATED PACIFIC CONSTRUCTORS, INC., hereinafter designated as the "Principal," a contract for the LITTLE BALBOA ISLAND SAND GROINS REPAIR - 2 located at Little Balboa Island, 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 -thol. undOgnad Principal; and, WESTEPX SURMY COMPANY. duly authorized to irians-66t business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firnily. bound unto the City of Newport Beach, in the sum of SEVENTY-;SIX THOUSAND, NINE HUNDRED. THIRTY-TWO DOLLARS AND NO1100 1$76AS2.00) 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 ft:Contract. -for which payment well and truly to be made, we bind oum.elves, our heirs, execirtors and administrators, successors, or assigns, jointly and severally, firmly by., these, present. THIECONDITION OF THIS OBLIGATION 1S SUCH; that if the Principal or the PrincipaN subcontractors, fail to pay for any: materials, provisions; or other supplies, implements of machinery used in upon, for, or about the performance of the work contracted to be done, odor any other work orlaboir thereon of any kind, or for amounts due.under the. Unemployment. Insurance Code with respect pect to such work or labor, or for any amounts requkect to be deducted, wit held.,md aid: over to the -Employment Department ::from - the wages :of employees: � ees: 61'' the '-Principal and y subcon tradorsl:pursuant.A6 Seclion-lMd 6fJhe-UnenpIoynent Insurance G ode wAh :th,6 Oadt to suc; h: wo rk arid! lab or,: -then. the Surety wiff� 4y.for. me, in an amount- not ekeeeding1he turn . specified d I - in the Bond,• and, als6, 'in _ rasa suit is to:enforoe the obligatidi ns. of'this Bond, a reasonable ,attotney's flee; .to be fixed 'by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California, EXHIBIT B The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or .their assigns in any suit brought upon this Bond, as required by and in. accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the 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 theterms of the Contract tor to the work or to the specifications: In the eventthat: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. M IN: WITNESS WHEREOF, this instrument.has been duly executed by the above named Principal and - Surety, on the .10TH day of . � ; 20 ". ASSOCIATED PACIFIC coNS'ucTORS; INc: Name of'Contractor (Principal) ^^^Auth�oli2le6 i47Yt�iureti WUSTMM SMT.Y COMPANY Name:of Surety, : Authorize¢ Agent. ignature 6300 CANOGA AVE.,'STH, 1150w WOQB.LAND MUS, CA 91367 SMRLRY. kITTH L- ATTORNEY IN FACT Address of Surety' Print, Name and Tits ACKNOWLEDGMENT State of California County of vENTuRA }:Ss On NOVSrmaR 10TH, 2011 before me, JMITH A. asNITRS Notary Public; parsonaly "appeared SHIRLEY LI'1TSLL 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 helshe/they executed the same in hislher %their authorized capacity(ies), and that by his/her/their signatures(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 fore .9ping.paragraph is true and correct: WITNESS my hand and :offiaalseat "SSS 'NOTARY ACKNOWLSGEMENT ATTACHED- Signature AC.M. OWLEDGMENT State ounty.f "California"�"' .County On %jovpm e I .i fl ,, . be ore me jODt L rOC�e f. Notary Public, personally appea' rest Tau 1 tai ljeN proved to me on the basis of satisfactory evidence to be the persot' W Whose. name subscribed - to. the within ineryment and. acknow dged to:.me that he/�g ex uted the same in hW auth c4pscitjr ' and that by _his/ s1 tares bn the .. instrument t 1e, " or: the entity upon b"f of which the perso 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 officdal seal. J" JoOl L. FOWLER Cgmrd:sbn # 1957458 Rmfy pine - caunift . Sad LaliOt W 0"* tb+ CMS eon fseaq Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Mm By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to end by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I st day of December, 2010. man WESTERN SURETY COMPANY Paul . Bmflat, Senior Vice President State of South Dakota County oCMburehaha I ss On this 1st day of December, 2010, before me personalty came Paul T. Bruflat, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges Sam to be the act and deed of said corporation. My commission expires ��y���MN \ \444yyti4.,o.,�V��♦ ` D. KRELL November 30,2012 ;rI NOTARY PUlaxa: -s SOUTH DAKQfA a i o'' e����MVV44MM4Mh�,�.,N� - M..L� k�u& D. Krell, Nullity Public CERTIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 n t h day of N o y pmh P r � .2011 WESTERN SURETY COMPANY �gv-t0ftsr �'� I CERTIFICATE OF LIABILITY INSURANCE i1�24�a 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the polky(tes) must be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Jordan Harrison Insurance Brokers, Inc. 500 Sansome St., suite 408 San Francisco CA 94111 NCAOW"IACT Connie C. Cabangis PNONE (415)398 -5911 F .1415)398.6157 E4MIL INSURE E ) AFFORDING COVERAGE NAIC d INSURER :RLI Starr Indemnity & Liability UMn3 INSURED Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay CA 93442 1 INS RERB:PMA Insurance Group INsunitc- American Lon shore Mutual Asan mSURERRD: INSURER E: S 11000,000 INSURER F: S 100,000 COVERAGES CFRTIEN:ATF NIIMIRFR•2011 GL/WC 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. LTR TYPEOFINSURANCE mn POU NUMBER POLICI'EFF POLICY IXP UMn3 GENERALUASILTTY EACH OCCURRENCE S 11000,000 PR5MISES IF, m,,l S 100,000 A X COMAERCIAL GENERAL UABELKY CLAMS -MADE O OCCUR X 4LP0500148 (SO%)/ 0/18/2011 0/10/2012 MEDEXP(A wn Pe, $ 10,000 PERSONAL S AM INJURY S 1, 000, 0 D 0 X SELL /NOLL with PEI CkSILSF00012311 (509) GENERAL AGGREGATE S 2, 000, 0 D 0 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG S 11000,000 $ T POLICY PM, LOC AUTOMOBILE LIABILITY N Ilia IN GM LIMIT BODILY INJURY (Pa pwswq S ANY AUTO ALL GVMED SCHEDULED AUTOS NON -OWNED HIRED AlJTO& AUTOS BODILY INJURY (Per ecd"rq $ ROPERTY DAMA E $ f UMBRELLA LIAR EACH OCCURRENCE $ HOCCUR AGGREGATE $ E %C648 UAB CLAMS-MADE DED RETENTIONS IS B C., WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR(ETORPARTNERIE%ECUTIVE YIN OFPICEo,y in NH) IXCLUDEDT ff ne SaieNM 8yee tlesakg OF O DESGrRIPT10N OF OPERATIONS bekw "IA 391755Y (STA'TS ACT NC) 00765 -1 IOSL &8) 0/1/2011 0/1/2021 0/1/2012 0/1/2012 X V40 A V• 0714 El. EACH ACCIDENT f 11000,000 E.L DISEASE-EA EMPLO S 1 Q00 ODO E.L DISEASE - POLICY LIMIT E 1 000 000 DESCRIPTION OF OPERATIONSILOCATIONS! VeNI CLES IAHaCh ACORD101,Addillomi Remmts ScMe ."morn SPA "ISmgWMd) Project: Sand Groin Repairs at Little Balboa Island, Newport Beach, CA It is understood and agreed that the City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are named as an additional insured under the General Liability policy. The General Liability Insurance underwriter and the workers Compensation Insurance underwriter agree to waive subrogation in favor of The City of Newport Beach, its officers, agents, Officials, employees, and volunteers and Newport Pier and Balboa Ocean Pier. These policies are primary and (949)644 -3330 City Of Newport Beach Public Works Department Attn: Fong Tae 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 ACORD 2612010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED R EE'��PPRRRESS�SE/N•JTA�_TTIVIEE ], Beverly Main /BAN W INS025 (2ol0o5).oI The ACORD name and logo are registered marks of ACORD /_1If'IRilT:1 COMMENTS /REMARKS non - contributory to any other insurance maintained by The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers and Newport Pier and Balboa Ocean Pier. Should it become necessary, notice of cancellation will be provided by Jordan Harrison Insurance Brokers, Inc, per the attached Provision for 30 Days Notice of Cancellation. Ten days notice of cancellation for non - payment of premium. ' OFR &MARK COPYRIQNT 2000, AM8 88RVIC88 INC. Client#: 218769 PACONSTR2 ACORDTa CERTIFICATE OF LIABILITY INSURANCE 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 DATE q CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 11!17T !2011 I2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eerliffcato holder is an ADDITIONAL INSURED, the poliey(ies) must be ondomed. 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 endomement(s). PRODUCER NAl/1Ee Blanca Rodriguez Darren D. Caesar P N , 805 879 -9531 Arc N,; 806 617 -1762 HUB Infl Insurance Serv. Inc. ?,DRESS: Bianca. rod rig uez@hubintern ationo1.corn 40 East AlamarAvenue OCCURRENCE Santa Barbara, CA 931D5 - mSURE 5 AFf-0ROING COVERAGE kAIC4 INSURERA: Golden Eagle Insurance Corporat 10836 INSURED Associated Pacific Constructors, Inc. INSURER B: ��EpApCCMHHq pRENI fl lien® $ MED EXP ma pe Pacific Constructors, Inc. INSURER C: $ 495 Embarcadero INSURER D: Morro Bay, CA 93442 INSURER E: GENERALAGCREOATE $ 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 CONTRACTOR 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. IN TYPEDFINSURANCE -1 ADO U POLICY NUMBER h MM10 CCY BIT DNYYY) � UNITS GENERAL LIABILITY OCCURRENCE $ COMMERCIAL GENERAL UASIUTY CLAIMSMADE D OCCUR ��EpApCCMHHq pRENI fl lien® $ MED EXP ma pe § PERSONAL a ADV INJURY $ GENERALAGCREOATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMMOP AGO § POLICY 9R M LOC $ A AUfO"10a1LEu^BOJT'r BA8331570 10/1812011 101181201, EA�em G IT 1000,000 SODILYNJURY(PerpWtoe) $ X ANY AUTO ALL ESULED BODILY INJURY (Pr =klwd) $ PROPERTY E $ X HIRED Aln05 X AIUTOSWNEO § UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS-0.1ADE DELI RETENTION$ $ COMPENSATION WC STAN- FWORKERS AND EMPLOYERS' LU Ea11Y FFIGGEEWMEIMEER EXXCCLUDEREXCU ❑ N/A E.L EACH ACCIOEIJT S E.L. DISEASE -EA EMROYEE $ (Nlnndataryln NH) If yyeess tleeait»wtla pESGRIPTiON�OPERATXJN3 eerow E.L. DISEASE - POLICY LIMIT $ DESCRIF'nON OF OPERATIONS I LOCATIONS / VEHICLES (AHack ACORD IN, AddRbnal Remark, Sclredats, Hmoms ea )s requved) Job: Sand Groin Repairs D, Little Balboa Island - Newport Beach, CA. Evidence of insurance is provided to the certificate holder listed below. "Should the policies be cancelled beforethe expiration data, Hub International Insurance Services Inc. (Hub), Independent of any rights which may be afforded within the policies to the certificate holder named (See Attached Descriptions) City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3300 Newport Blvd ACCORDANCE WITH THE POICY PROVISIONS, Newport Beach, CA 92653 AUTHORGED REPRESENTATIVE Attn: Angola Liu ) _ —„ ® 1988 -2010 ACORD CORPORATION. Ail right$ reserved. ACORD 25 (2010)05) 1 of 2 The ACORD name and logo are registered marks of ACORD #51410304/M1375471 BR43 below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non - payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date." SAGrrTA 25.3 (2010105) 2 of 2 __________________ ___zap_ ENDORSEMENT TWO — EFFECTIVE NOVEMBER 14, 2011 Named Insured: Associated Pacific Constructors, Inc. Policy No: MEP0500148 — 50% Participation through RLI Insurance Co. MASILSF00012311— 50% Participation through Starr Indemnity & Liability Co. Effective November 14, 2011, it is hereby understood and agreed that the following entity is hereby named as Additional Insured under Marine General Liabilities, as their interest may appear with respect to work performed by the Named Insured on the project described as "Sand Groin Repairs Little Balboa Island — Newport Beach, CA The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers 3300 Newport Boulevard Newport Beach, CA 92663 It is further agreed that the Additional Insured is hereby granted full waiver of subrogation with respect to said projects, and that this policy shall be considered primary and non- contributory with respect to all other coverages available. WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective 12:01 a.m. October 1, 2011, , forms part of Certificate No. LM 00765 -01 issued to Associated Pacific Constructors. Inc., by the American Longshore Mutual Association, Ltd. ("Association "). The Association waives its rights of subrogation against other individuals, films, organizations or corporations but only when required by written contract and only to the extent required by that contract. This waiver shall apply only in respect to the specific contract existing between the Member and such other individual, firm, organization or corporation and shall not be construed to be a waiver in respect of other operations of such individual, firm, organization or corporation in which the Member has no contractual interest. Nothing herein contained shall be held to vary, alter, waive or change any of the terms, limits or conditions of this Coverage Agreement, except as hereinabove set forth. Foam No. ALMAws (Ed. 02/02) Jordan Harrison INSURANCE BROKERS, INC. 500 Sansome Street, Suite 408 San Francisco, CA 94111 PH: (800) 699 -5911 — FX: (416) 398 -6167 Provision for 30 Days Notice of Cancellation: It is hereby understood and agreed that in the event of cancellation, non - renewal or changes in coverage, Jordan Harrison Insurance Brokers, Inc. will advise certificate holder(s) of said change. Ten days notice of cancellation will be provided for non - payment of premium. It will not be the responsibility of the insurers listed on the certificate(s). Ak °R CERTIFICATE OF LIABILITY INSURANCE 11 /14/ o 1' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the polky(ies) must be endorsed. B SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Jordan Harrison Insurance Brokers, Inc, 500 Sansome St., Suite 408 San Francisco CA 94111 ME. Connie C. Cabangis PHONE (41$)396 -5911 FAX .1115139$ -61ST EanAIL INSURERS AFFORDING COVERAGE NAIC4 INSURER A:RLI Starr indemnity & Liability GENERALUABILITY INSURED Associated Pacific Constructors, Inc. 495 Embarcadero Morro Day CA 93442 INS RERa:PKA Insurance Group wsuaERt:American Lon shore Mutual Assn INSU ERD: S 11000,000 INSURER E: $ 300,000 INSURER F: X COMMERCIAL GENERAL LIABILITY D CLAMS-MADE ® OCCUR rnvcloAGES CERR ICATENUMBER :2011. r.L /WC 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 VITH 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 TYPEOFINSURANCE N MBE POLICY F POL E P LIMITS GENERALUABILITY EACH OCCURRENCE S 11000,000 PREMISES Ma e $ 300,000 A X COMMERCIAL GENERAL LIABILITY D CLAMS-MADE ® OCCUR X 0500148 (509)/ 0/18/2011 0/18/2012 MEDEXP( a mnn ) S 1D,000 PERSONAL &ADV INJURY $ 11000,000 X BELL /NOLL with Paz ILSPOOO12311 (50%) GENERAL AGGREGATE S 2,000,000 OENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 11000,000 S X POLICY PR0. LOC AUTOMOBILE LIABILITY (E2 LIMIT a Mf ANY AUTO BODILY INIVRY(Peryd8W S BODILY INJURY (P. a aldNa) $ ALL OVeNED SCHEDULED HIRED NON-OWNED HIRED AUTOS AUTOS PR OPERTY D AMA S 3 UEAMRLLA LIAB OCCUR EACH OCCURRENCE 5 AGGREGATE $ EXCESS LOS CLAIMS -MADE RETENTIONS $ B `. WORNERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERRAEMBER EXCLUDEDT (MendaW,V In NH) NIA D391755Y (BTAT ACT WC) 00765 -1 (VSL&R) 0/1/2011 1D /1/2011 0/1/2012 0/1/2012 X WC STA U- OTH- E.L EACH ACCIDENT S 11000,00 EL DI$FASE - EA EMPLOYE S 11000,000 DNESCtlIeM N M PERATIONS Mkw EL DISEASE •POLICY LIMB $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AOaak ACORD101,AddOfol Remarks ScMduN, NI apacefamquked) Project: Band Groin Repairs at Little Balboa Island, Newport Beach, CA It is understood and agreed that the City of Newport Beach, its elected or appointed officers, agents, officials, employees and Volunteers are named as an additional insured under the General Liability Policy. The General Liability Insurance underwriter and the workers Compensation Insurance underwriter agree to waive subrogation in favor of The City of Newport Beach, its officers, agents, officials, employees, and volunteers and Newport Pier and Balboa Ocean Pier. These policies are primary and (949)644 -3330 City of Newport Beach Public works Department Attn: Fong Tee 33DO Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 0105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. tD 1988.2010 ACORD CORPORATION. All INS02512010IBOOI The ACORD name and logo are registered marks of ACORD COMMENTS /REMARKS non - contributory to any other insurance maintained by The City of Newport Reach, its elected or appointed officers, agents, officials, employees, and volunteers and Newport Pier and Balboa ocean Pier. Should it become necessary, notice of cancellation will be provided by Jordan Harrison Insurance Brokers, Inc. per the attached Provision for 30 Days Notice of cancellation. Ten days notice of cancellation for non - payment of premium. OPREMARK COPYRIGHT 2000, ANS SERVICES INC. ' WAIVER OF SUBROGATION ENDORSEMENT This endorsement, effective 12:01 a.m. October 1. 2011, forms part of Certificate No. ALMA00765 -01 issued to Associated Pacific Constrictors Inc, by the American Longshore Mutual Association, Ltd. ('Association'), The Association waives its rights of subrogation against other individuals, firms, organizations or corporations but only when required by written contract and only to the extent required by that contract. This waiver shall apply only in respect to the specific contract existing between the Member and such other individual, firm, organization or corporation and shall not be construed to be a waiver in respect of other operations of such individual, firm, organization or corporation in which the Member has no contractual interest. Nothing herein contained shall be held to vary, alter, waive or change any of the terms, limits or conditions of this Coverage Agreement, except as hereinabove set forth. Form No. ALMAw (Ed. 02/02) Jordan Harrison INSURANCE BROKERS, INC. 500 Sansome Street, Suite 408 San Francisco, CA 94111 PH: (800) 699 -5911— FX: (415) 398 -6157 Provision for 30 Days Notice of Cancellation: It is hereby understood and agreed that in the event of cancellation, non - renewal or changes in coverage, Jordan Harrison Insurance Brokers, Inc. will advise certificate holder(s) of said change. Ten days notice of cancellation will be provided for non - payment of premium. It will not be the responsibility of the insurers listed on the certificate(s). CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11 -15 -11 Date Completed: 11 -16 -11 Dept. /Contact Received From: Shauna Sent to: Shauna By: Company /Person required to have certificate: Associated Pacific Construction, Inc. Type of contract: All others I. GENERAL LIABILITY EFFECTIVEIEXPIRATION DATE: 10 -18-12 A. INSURANCE COMPANY: RLI /Starr Indemnity (50% each) B. AM BEST RATING (A-: VII or greater): A +: XUA: X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1.000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does ADMITTED COMPANY (Must be California Admitted): not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City E. its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be F. included): Is it included? ® Yes ❑ No J. CAUTIONI (Confirm that loss or liability of the. named insured Haulers only): ❑ NIA is not limited solely by their negligence) Does endorsement G. include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No I1. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10-18-11110-18-12 A. INSURANCE COMPANY: Golden Eagle B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 CSL E. LIMITS Waiver of Auto Insurance / Proof of coverage (If individual) (What is limits provided ?) F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ❑ NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA ❑ Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 10 -18 -12 A. INSURANCE COMPANY: American Longshore Mutual Association B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 11 -18 -11 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval /exception/waiver: Approved: Risk Management * Subject to the terms of the contract.