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HomeMy WebLinkAboutC-4965 - Contract for the Improvement of Public Works for Bicycle Striping and Signage Modifcations in the Communities of Newport Coast and Corona del MarCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORKS WITH CHRISP COMPANY FOR BICYCLE STRIPING AND SIGNAGE MODIFICATIONS IN THE COMMUNITIES OF NEWPORT COAST AND CORONA DEL MAR THIS CONTRACT FOR IMPROVEMENT OF P BLIC WORKS ( "Contract ") is made and entered into as of this X day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and CHRISP COMPANY, a California Corporation ( "Contractor ") whose principal place of business is 43650 Osgood Road, Fremont, CA 94539 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 improve the bicycle striping and signage within the communities of Newport Coast and Corona del Mar. C. City desires to engage Contractor to perform modification of existing striping, relocation, fabrication and installation of traffic signs and deploy work zone traffic control in Newport Coast and Corona del Mar ( "Project'). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 45 calendar days 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 June 30, 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 Request for Proposals dated October 4, 2011 ( "RFP "), and follow the specifications outlined RFP, all attached hereto as Exhibit A and Exhibit B, and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within 45 calendar 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. 3.2 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 45 calendar 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 calendar day beyond the date scheduled for completion. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty -Eight Thousand, Three Hundred Dollars and no /100 ($38,300.00). 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 Roger Weisbrod 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. Brad Sommers, or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibits "A" and "B" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 7.2 Contractor shall comply with the terms and conditions of this Contract. 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, crisp Compai Page 3 of 22 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. 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. 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, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Chrisp Company Page 6 of 22 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. 12.3.9 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on Chrisp Company Page 7 of 22 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°/x) 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 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. !'.hrisnLGamr1-s Y-- 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: Brad Sommers, Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3326 Fax: (949) 644 -3318 E -mail: bsommers @newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Roger Weisbrod Chrisp Company 43650 Osgood Road Freemont, CA 94539 Phone: 510 - 656 -2840 Fax: 510 -490 -2703 E -mail: reisbrod@chrispco.com 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. 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 Chrisp Company Page 11 of 22 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 panties 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 Egual 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. 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. Chrisp Company Page 12 of 22 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. IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF TOE CITY ATTORNEY Date.- By ate:By Leonie Mulvihill Assistant City Attorney ATTEST: Date: By: 6LI- Leilani I. Brown City Clerk ;kj CITY OF NEWPORT BEACH, A Californi municipal corporation Date: 1��2�//I.� rn G. Badum Works Director CONSULTANT: CHRISP COMPANY, a California Corporation Date: 1 h 1 / By:Q)_.'.,,_o �i/i �% ry e Robert Chrisp, President Date: /Llc�! By: mie All n, Secretary Attachments: Exhibit A — Scope of Work Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond Chrisp Compan Page 14 of 22 EXHIBIT A SCOPE OF WORK Work on this project shall be in accordance with the Greenbook (2009), State of California, Department of Transportation Standard Specifications and Standard Plans (2006) and the following provisions. The Newport Coast Drive /SR -73 ramp locations are within Caltrans Right of Way. In addition to the provisions below, special provisions for this location are addressed in item 4. 1. STRIPING a. Final striping for shall be sprayable reflectorized thermoplastic. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines, which shall be 0.90 mm minimum thickness. b. Striping to be removed shall be considered to be thermo plastic for bid purposes. Contractor shall propose the removal method for approval by the City. Removal method shall be chosen to have minimal impact (scaring) to roadway surface. c. Striping shall conform with the latest MUTCD and State Standard Plans. d. Striping within Bike Lane areas, including Detail 37B shall be installed without raised pavement markers. 2. SIGNS a. Installed signs shall be furnished new with 3M Type IV reflectorized sheeting (min.). b. Unless otherwise specified, sign sizes and shapes shall conform with the latest MUTCD and State Standard Plans. c. New sign posts shall be 2 inch square Unistrut into a 2 -1/4 inch square Unistrut base. The base shall be installed at a depth of 12 inches. d. Signs mounted to street light or traffic signal poles shall be installed with stainless steel, Band -it style straps and mounts. e. All mounting hardware shall be stainless steel. f. Signs located within pedestrian pathways shall be mounted at a height of seven feet (clear). g. Bike Route signs shall be posted perpendicular to the roadway. Signs installed on existing posts with NO PARKING signs may require brackets to rotate signs 45 degrees. h. Dig alert shall be called prior to installing new sign post bases. 3. TRAFFIC CONTROL and PHASING a. Contractor shall deploy and maintain traffic control per the attached traffic control plans and the California MUTCD. Traffic Control for locations not shown on the Traffic Control Plans shall be per California MUTCD and WATCH. b. Contractor shall phase the project to remove and install striping within that phase within the same day. c. Changes to the traffic control plans shall be approved by the City prior to deployment. d. Work hours are 8am to 5pm, Monday through Friday. Lane Closures on Bonita Canyon, Coast Highway, and Newport Coast Drive are limited to 9am and 3pm. 4. CALTRANS LOCATION — NEWPORT COAST DRIVE AT SR -73 RAMPS a. Work at this location requires a Caltrans "double' encroachment permit. The City has applied for the Caltrans permit. The contractor will be required to pull their copy. b. Work and materials within this area shall conform to the State of California Standard Plans and Specifications. c. Signs shall be installed on wood posts per the State Standard Specifications. d. Traffic control shall be per Caltrans Standard Plan T -14 for the ramp closure and T -11 for the arterial closure. A CMS sign shall be place prior to the previous off ramp. e. Daytime work shall limited from 9am to 3pm. Night work hours are 10pm to 5 am. Night work must be approved by Caltrans and the City. The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, site preparations to accommodate improvements, preparing and updating construction schedule, providing submittals, attending all construction meetings, demobilization, completing all reporting documents, and all other related work as required by the Contract Documents. This item excludes costs required to obtain a Caltrans Permit for work at Newport Center Drive /SR -73 Ramps. Item No. 2 Coast Highway Signing and Striping Modifications: Work under this item includes all equipment, materials and labor required to modify striping and signage on Coast Highway per the plan. Item No. 3 Coast Highway Traffic Control: Work under this item furnishing and deploying traffic control for work on Coast Highway per the plan. Item No. 4 Bonita Canyon Signing and Striping Modifications: Work under this item includes all equipment, materials and labor required to modify striping and signage on Bonita Canyon per the plan. Item No. 5 Bonita Canyon Traffic Control: Work under this item furnishing and deploying traffic control for work on Coast Highway per the plan. Item No. 6 Newport Coast Drive at SR -73 Ramps Signing and Striping Modifications: Work under this item includes all equipment, materials and labor required to modify striping and signage per the plan. This item includes costs required to obtain a Caltrans Permit for work at this location. Item No. 7 Newport Coast Drive at SR -73 Ramps Concrete Path Installation: Work under this item includes all equipment, materials and labor required to install the concrete bike path per the plan. Item No. 8 Newport Coast Drive at SR -73 Ramps Traffic Control: Work under this item furnishing and deploying traffic control for work on Coast Highway per the plan. Item No. 9 Corona Del Mar Bike Route Sign Installation /Modification: Work under this item includes all equipment, materials and labor required to modify and install signage within Corona Del Mar per the plan and table. EXHIBIT B PROPOSAL THIS PAGE LEFT PLANK INTENTIONALLY PROPOSAL BICYCLE SIGNING AND STRIPING IMPROVEMENT PROJECT INFORMAL CONTRACT NO. C4965 Brad Sommers City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he /she has carefully examined the location of the work, has read the letter to the Contractor, has examined the Location Map and understands the proposed work, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Informal Contract No. 4965 in accordance with the provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 3. 4. Lump Sum Mobilization aka 0F0z1 NVSt,& �0 Dollars and Ucu Cents Per Lump Sum Lump Sum Lump Sum Lump Sum Coast Hwy. Signing and Striping Modifications @1ft\ �%AUSOLAI Dollars and Ssk �J�t1�td L(r0 Cents Lump Sum Coast Hwy. Traffic Control @ bv\< 1-�tuV S&J Dollars and Sin �vw�rra ?4(jents Lump Sum $yi $ -AVQ ✓ $ Bonita Canyon Dr. Signing and Striping Modifications @ �'Of 1 d � jQS& -� Dollars and — V1 4 W 2UOCents Lu p Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Bonita Canyon Dr. Traffic Control @ hj nMd S Dollars 00 y and hh Six l�t�. t� 7-M Cents $ bU� Lump Sum 6. Lump Sum Newport Coast Dr. /$R -73 Signing and Striping Modifications d @ Aft Q f 6%64,4' Dollars o and in) U �tl y� rej M cents $ 4 Lump Sum 7. Lump Sum Newport ppC��oast Dr. /SR -73 Concrete Path Installation @ 01\k t�rw'&4 Dollars p and d° �WO `\v -�W Ze4'0 Cents $ 12q� Lump Sum 8. Lump Sum Newport Coast Dr. /SR -73 Traffic Control @ yv A0jSQ)4 Dollars and 00 Six 64pd 7 Cents $ 1W U Lump Sum 9. Lump Sum Corona Del Mar Bike Route Sign Installation /Modification @ ��1C ��bll Dollars and V( �vA Ltv.) Cents Lump Sum $ 54o (bb PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS 14,-i e(a k, E 16u� and ze ro Cents 10 Date 510 io5� -a8'to sro�'�go -� ?�3 Contractor's Telephone and Fax Numbers ST-160 4 v,,s e -3Z 11-(3 Contractor's License No(s). and Classification(s) Contractor's email address: Me, ft4 1\11JAJ Dollars 3g,3aot Total Price (Figures) Iimo os,%4 Contractor's Address moo fr�fwii 1 Qt�°1 ts C0.sugl Sure rCQF�Qr D) 0q Q�tt EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 105650367 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to CHRISP COMPANY hereinafter designated as the "Principal," a contract for the BICYCLE STRIPING AND SIGNAGE MODIFICATIONS located in the communities of Newport Coast and Corona del Mar, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the., terms thereof require the furnishing of a bond, providing that if Principal or any of. Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of THIRTY-EIGHT THOUSAND, THREE HUNDRED DOLLARS AND N01100 ($38,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly, to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail. to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 16th day of NOVEMBER , 2011, CHRISP COMPANY Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 100 CALIFORNIA STREET SAN FRANCISCO, CA 94111 Address of Surety (415) 732-1482 Telephone Auth'&rized Signature/Title By: Authorized gent Signature BETTY L. TOLENTINO, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED ACKNOWLEDGMENT State of California County of I ss. On Public, personally appeared before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) whose na (s) islare subscribed to the within instrument and acknowledged to me that helshelthey xecuted the same in his/her/their authorized capacity(ies), and that by his/her/their sign res(s} on the Instrument the person(s), or the entity upon behalf of which the person(s) a ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sta of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of }ss. On Public, personally appeared proved to me on the basis of subscribed to the within instru same in his/her/their authorize instrument the person(s), or fh, instrument. / I certify under PENAL foregoing paragraph is WITNESS my hand Signature MENT me, Notary / ,who itisjActory evidence to be the person(s) whose name(s) islare t and acknowledged to me that he/she/they executed the capacity(ies), and that by his/her/their signatures(s) on the entity upon behalf of which the person(s) acted, executed the OF PERJURY under the laws of the State of California that the and correct. official seal. (seal) CALIFORNIA • •ACKNOWLEDGMENT _ State of California County of San Francisco On NOVEMBER 16, 2011 before me. Janet C. Rojo, Notary Public Date Here insert Name anti Titie of the Officer personally appeared Betty L. Tolenti no . JANET C� ROY) is 7590 V `�tlx ?dO7A t`(1't-9t t`ALls+�tl.�4++ - � „bra Ty ;C(.(O�itIN (ML. my Cs}ttsrrt. kxpires pct. 9, 21713 -��' Place Notary Seal Above Name(s) of Signer(s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/=@ subscribed to the within instrument and acknowledged to me that he/she/#W executed the same in-ft/her/tom authorized capacity(ies), and that by *�s/her/tk r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted: executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI I N y and nd official seal. ignature 1��"""� f Signature o' Notary Public QrR Tf Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent remova! and reattachmen' of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: _ ❑ Individual Corporate Officer — Title(s): Ll Partner — L Limited ❑ General El Attorney in Fact D Trustee O Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER iop of thumb here Number of Pages: Signer's Name: Individual Corporate Officer — Partner — 4 Limitec Title(s): _ ED General O Attorney in Fact Trustee Guardian or Conservator Ei Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER lop of thumb here 02007 National Noiary Association • 9350 De Soto Ave.. ^.O.3ox 2402 • Chatsworth. C.4 91313-2402 • "mm,.NationalNotay.oro (tern 1-59D7 Fiaorer:Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda J t On before me, Jennifer W. Collins Notary -Public Date `\ w, 1 ` I n dere Inserl Name and -itle of the Officer personally appeared ■IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII■ JENNIFER W. COLLINS COMM. # 1848800 r NOTARY PUBLIC • CALIFORNIA _ ALAMEDA COUNTY My Comm. Exp. May 16, 2013 ®1111111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I l l l l 11 I I I I 11111111111 ■ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and of kcial seal SignatureJAJ14ZL__0 Sign t re of No ary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AW POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220612 � 14 U Certificate No. 0 0 4 . 5 � � - � � KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan Hecker, Maureen O'Connell, Robert Wrixon, Brian F. Cooper, M. Moody, Betty L. Tolentino, Janet C. Rojo, J. M. Albada, and Virginia L. Black of the City of San Francisco , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 9th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU,��T tWp J�F10.Ea `E \�W INs•G r'�'+�IN$..gVe PTY Ary° lla SNIA �TYA� 3t' � n w�dIFDIWTED m of ,,, a ;�u roo p} I �o � V4 P e.�p RPOR,, )F.�Z' Qom'. RPORA)•' �� eP 9m J SEALioSEALi3: "3 iii. °� e� io„ o `y - tiN i 1•� i'�s � � o° bre' . � i d•.,,, : 'a ' •t` D d State of Connecticut City of Hartford ss. By: Georg Thompson,enior ice President On this the 9th day of September 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 0 G• My Commission expires the 30th day of June, 2016. �'OileUo�* 58440-6-11 Printed in U.S.A. Marie C. Tetreault, Notary Public CITY OF NEWPORT BEACH BOND NO. 105650367 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 446.00 being at the rate of $ 11.65 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to CHRISP COMPANY hereinafter designated as the "Principal," a contract for the BICYCLE STRIPING AND SIGNAGE MODIFICATIONS located in the communities of Newport Coast and Corona del Mar 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. CHRISP COMPANY NOW, THEREFORE, we',the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of THIRTY-EIGHT THOUSAND, THREE HUNDRED DOLLARS AND NO/100 ($38,300.00) lawful money of the United States of America, said sum being equal to 900% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations: under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th da of NOVEMBER , 2011. CHRISP COMPANY Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 100 CALIFORNIA STREET SAN FRANCISCO, CA 94111 Address of Surety (415) 732-1482 Telephone By: i C'VU8-?� U� 1 Y �' ti'\ Authorized Signature/Title By: Jaz& Authorized tgent Signature BETTY L. TOLENTINO, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of ACKNOWLEDGMENT SS' On before Notary Public, personally appeared me, , ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of ACKNOWLEDGMENT SS. On before Notary Public, personally appeared me, (seal) ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT State of California County of San Francisco On NOVEMBER 16, 2011 DATE before me, Janet C. Rojo, Notary Public Here Insert Name anc Title of the Officer personally appeared Betty L. Tolentino Name(s) of Sioner(s) F. JANET C. RCJO wn "NOTARY Pt; CI_IC-t',At iFrJRf+dEA SAN FRANCISCO COUNTY -• k, >�. Nly Gnrrim. Upires 00.9`, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ subscribed to the within instrument and acknowledged to me that M/she/thW executed the same in4s/her/ft6ff� authorized capacity(ies), and that by *is/her/tkttr signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd official seal. CNAL re P4 l Place Notary Seal Above Signature of Notary PUNIC OPT! Thoughthe information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ L Partner — L Limited L General Attorney in Fact D Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUNBPRINT OF SIGNER Number of Pages: Signer's Name: L Individual D Corporate Officer — Title(s): _ ❑ Partner — E! Limited J General L Attorney in Fact LI Trustee L: Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUNBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave.. ^C. Box 2402 -Chatsworth. CA. 911313-2402 • m%mm,.NationalNotary.org Item €5907 Reorder: Call Toll -Free t-600-576-6327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County pf Alameda On 11 1 l 11\ before me, Jennifer W. Collins Notar�r Puhl-i c —DaT I 'sere Insert Name andtritle of the Officer personally appeared �\ 1 Lam— C (� h t Name(s) of Sioner(s) ®nuuutummuullltllllllumuuunnnuuununumum® JENNIFER W. COLLINS = COMM. # 1848800 w . NOTARY PUBLIC - CALIFORNIA Cn EE' ALAMEDA COUNTY = My Comm. Exp. May 16, 2013 ®Bnnwuuminlllllltllllllluuuuuuuunnnnuuunum® Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and offi �aI seal. -c� Signature —- C )\ IWO- Signalf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — 11 Partner -0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AA► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220612 Certificate No. 00452561319 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan Hecker, Maureen O'Connell, Robert Wrixon, Brian F. Cooper, M. Moody, Betty L. Tolentino, Janet C. Rojo, J. M. Albada, and Virginia L. Black of the City of San Francisco , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 9th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company JoeVF\RE•6'Wrk �RN..�NfG .•'��INSVq'•.., JP�tY AA'OwA EVtY"Yl nn J• �`i+�oax»_arW/ J p[��p�Pt'Y.• /. C) +� O i� �9� f ORPOR '� a'4:' :�(�ic � Gy •C\ \Cpp �t� C 00RIftTM 1 9 8 2 O � '� 9]% � �^ � = a [ -.•. n i a HARTFORD, < 3 • HARTF6RD, �e < � �. � J•, •�! a �'. ' o t w CONN. nl,CONM, £ N 1896 ti 'cgy�cta±S a � � ~ �SSAL,•'a 6` N� �. ttr co� o'�•........: a`t'1 n •.. a `' r '2 ........•; $' y . A .� 1• m„� �cE State of Connecticut City of Hartford ss. By: Georg Thompson,enJ-ri ce President On this the 9th day of September 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. SAN In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. n &A;,b C . Marie C. Tetreault, Notary Public 11/17/2011 3:24 Remote 1D Imprint ID D 2/7 A4'°RV CERTIFICATE OF LIABILITY +�- INSURANCE DATE PRODUCER LIC 90726293 1- 925 -299 -1112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher a Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR 3697 Mt. Diablo Boulevard, suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# Lafayette, CA 94549 SPRAYAREA CERTSMAJG.COM INSURED Chriap Company INSURER k' OLD REPUBLIC GEN INS CORP 24139 INSURERS: NATIONAL UNION PIAE INS CO 08 PITTB 19445 INSURER 0. $10D,000 43650 Osgood Road INSURER D: X COMMERCIALGENERALLIABILTY CLAIMSMADE OOCCUR Fremont, CA 94539 INSURER E: MED EXP(Any one person) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LM 4DIYL hm TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTNE POLICYEXPIRATION LIMITS A X GENERALLIABILITY AlCG99131000 12/01/10 12/01/11 EACH OCCURRENCE $ 11000,000 PREMISES aoumume $10D,000 X COMMERCIALGENERALLIABILTY CLAIMSMADE OOCCUR MED EXP(Any one person) 55,000 PERSONAL&ADVINJURY $ 1.000,000 X BI /PD: $10,000 DED /OC GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO $2,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIAS ILITY ANY AUTO AlCA99131000 12/01/10 12/01/11 COMBINED SINGLE LIMB (ES anddeld) $1,000,000 X BODILY INJURY (P�Perem) $ ALL OWNED AUTOS SCHEDULEDAUTDS x BODILY INJURY (Per acddenl) $ HIREDAUTOS NON -OWNED AUTOS • • PROPERTY DAMAGE (Per ecddenl) $ COMP DED: $1,000* • COLL DBD: I,DDD* GARAGELIABIL17Y AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ ALTO ONLY: AGE B EXCESS I UMBRELLA LIABILITY X OCCUR F-I CLAIMS MADE SE19725062 12/01/10 12/01/11 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 a $ DEDUCTIBLE $ x RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRE ,P TORARTNER�ENECUTIVE� OFFICER MEMBER EXCLUDED? AICW99131000 12/01/10 12/01/11 x I WCSTATU- OTH- LIMIT E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE" $ 1, 000,000 E.L.DISEASE- POLICY LIMB $1,000,000 Ryes. d.ob. under SPECIAL PROVISIONS Imbw OTHER DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Chriap Job #ZN.1561 / Client Job 4C4965 / R8: Bicycle Striping and Signage Modifications, Newport Beach. ADDITIONAL INSURED (S): City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers. -av -ten: - Chriap Job #2N.1561 / Client Job #C4965 SHOULDANYOF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORETHE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL RIMNEX)RO xANL 30* DAYSWRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUn7JWrKDlBID200UUU x AWPNX68�ClXtAtlNX$6'i�1X/pL9LX Igtlyy(,^,�f9C3N4X; PO Rom 1768 pg %K=X=XX]{ XXX%X XX XX XX XXXXXXXRXXXXxXXXR%XXRXXXXXXXXX; Newport Reach, CA 92658-8915 AUTHORIZED REPRESENTATIVE 4 7 USA ACORD 25 (2009101) diwakarram ©1988 -2009 ACORD CORPORATION. All rights reserved. 24120907 The ACORD name and logo are registered marks of ACORD 11/17/2011 3:24 Remote 1D Imprint ID ❑ 3/7 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 11/17/2011 3:24 Remote ID Imprint ID D 4/7 SUPP (05/04) DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 11 116 /2011 NAME OF INSURED: Chrisp Company Additional Description of OoeraicnalRemeft from Pass 1: Additional Information: GENERAL LIABILITY: • Additional Insured if required by written contract par attached Form CG2010 0704 • Coverage is Primary /Non - Contributory if required by written contract per attached COENGN0029 0906 WORKERS- COMPENSATION: • Covered States: California, Nevada, Oregon • Waiver of Subrogation if required by written contract per attached Form WC990315 0906 SUPP (05/04) 11/17/2011 3:24 Remote ID Imprint ID POLICY NUMBER: AICG9913I000 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locatio s Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 D 5/7 11/17/2011 3:24 Remote ID Imprint ID OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown In the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV— Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured CHRISP COMPANY Policy Number AIC099131000 Endorsement No. Policy Period 12/01/10 to 12/01/11 Endorsement Effective Date: 12/01/10 Producer's Name: ARTHUR J. GALLAGHER & CO. INSURANCE BROKERS OF CA, INC. Producer Number. LICENSE 110726293 CG EN GN 0029 09 06 ❑ 6/7 11/17/2011 3:24 Remote ID Imprint ID OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LJABIUTY INSURANCE 7/7 We have the right to recover our payments from anyone liable for an Injury covered by this.pollcy. We will not enfatce our tight against the person or orowhatlon named h the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obfain this agreement from us. This agreement shall not operate directly or tndirecdy to berwot anyone not named In the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured CHRISP COMPANY Policy Number AICW99131000 Endorsement No. Policy Period 12/01/10 to 12/01111 Endorsement Effective Date: 12/01/10 Producer's Name: ARTHUR J. GALLAGHER 8, CO. INSURANCE BROKERS OF CA, INC. Producer Number LICENSE #0726293 we 99 0315 (09/06) 1/17/2011 3:24 Remote ID Imprint ID Fax City of Newport Beach TO: Pax: 1- 949 - 644 -3316 Attn: Chrisp Company FROM Phone: Arthur J. Gallagher & Co. Agency: insurance Brokers of California, Inc. Phone: 1- 925 - 299 -1112 D 1/7 Subject:Chrisp Company - City of Newport Beach This document was brought to you by Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. in Lafayette, CA. via CertificateeNow. If you have questions regarding the content of this document, please contact Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Phone: (925) 299 -1112 or Certificate Fax: (925) 953 -6270 The data included in this notice and in the attached document is confidential to Bbix /CertificateeNow, and Arthur J. Gallagher & Co. Insurance Brokers of California, IUC. cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Cartificats Delivery by CertificatesNow - www.ConfirmNetcom .877.669.8600 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 -17 -11 Dept. /Contact Received From: Shauna Oyler Date Completed: 11 -17 -11 Sent to: Shauna By: Joel CompanylPerson required to have certificate: Chrisp Company Type of contract: All Others 1. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 12 -01- 10/12 -01 -11 A. INSURANCE COMPANY: Old Republic General Insurance Corp 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 $1 M or greater): What is limit provided? $1,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): Is it included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No L PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 12- 01- 10/12 -01 -11 A. INSURANCE COMPANY: Old Republic 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, $21M min for Waste Haulers): What is limits provided? 1,000,000 CSL E LIMITS Waiver of Auto Insurance I Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 12-01-10112-01-11 A. INSURANCE COMPANY: Old Republic B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000 000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO. WHICH ITEMS NEED TO BE COMPLETED? Note that the policies expire 12 -01 -11 Approved: 11 -18 -2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach 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 Date * Subject to the terms of the contract. Business Search - Business Entities - Business Programs Page 1 of 1 Secretary of State Administration Elections Business Programs Political Reform Archives Registries Business Entitias(BE) Business Entity Detail Online Services - Business Search - Disclosure Search - E -File Statements - Processing Times Ma(n Page Service Options Name Avallablllty Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process Data Is updated weekly and is current as of Friday, October 14, 2011. It is not a complete or certified record of the entity. Entity Name: CHRISP COMPANY Entity Number: C0908398 Date Filed: 01/18/1979 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 43650 OSGOOD RD. Entity City, State, Zip: FREMONT CA 94539 Agent for Service of Process: ROBERT P CHRISP ''..Agent Address: 43650 OSGOOD RD. Agent City, State, Zip: FREMONT CA 94539 FAQS ' Indicates the Information Is not contained in the California Secretary of State's database. Contact Information . If the status of the corporation is "Surrender,' the agent for service of process is automatically Resources revoked. Please refer to California Corporations Code sectiou_2114 for information relating to - Business Resources - Tax Information service upon corporations that have surrendered. - Starting A Business For information on checking or reserving a name, refer to Name..... Availability. - international Business . For Information on ordering certiflcates, copies of documents and /or Status reports or to request a Relations Program more extensive search, refer to Information Requests. . For help with searching an entity name, refer to Search Tips. Customer Alerts . For descriptions of the various fields and status types, refer to Field Dascriptions_anU_Status ....... .................. - Business Identity Theft Definitions. .... . ......... . . . ... . . . ... . . . . - Misleading Business Solicitations Modify Search New Search Printer FrienOly Back [o Search Results Prlvatl(,S[atement IFree D?cumeM ReaCers Capynght ® 2011 California Secretary of State http : //kepler.sos.ca.gov /cbs.aspx 10/21/2011 Company Profile Company Profile Page 1 of 2 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE HARTFORD, CT 06183 Former Names for Company Old Name: `-ETNA CASUALTY & SURETY COMPANY OF Effective Date: 07 -01 -1997 AMERICA Agent for Service of Process KAREN HARRIS, C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company 1D #: Date authorized in California: License Status: Company Type: State of Domicile: 31194 3548 2444 -8 July 31, 1981 UNLIMITED- NORMAL Property & Casualty CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log s� AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http: // interactive. web. insurance .ca.gov /webuser /idb_co _prof utl.get_co proPp_EI13=6182 11/18/2011 http: 7/ interactive.web.insurance.ca.gov /webuser /idb co _prof utl.get_co _proPp_EID =6182 11/18/2011 Company Profile MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - May 26,201101:14 PM Copyright 0 California Department of Insurance Page 2 of 2 http: // interactive. web. insurance.ca.govlwebuserlidb_co _prof uti.get_co _prof?p_ElD =6182 11/18/2011